The “migrant” who was shot by an Arizona rancher on his land last month was likely a cartel drug smuggler or scout, according to a former border police chief who says the area is known for “violence.”
George Alan Kelly, 73, has been arrested on a first-degree murder charge for the shooting death of Gabriel Cuen-Butimea at his home on January 30. That charge has now been downgraded to a charge of second-degree murder.
He denies murder, insisting he has only fired warning shots whenever he has seen a gang of cartel smugglers on his land.
Former Border Police chief Rodney Scott, who was previously a supervisor in the area, said NewsNation that the area has a ‘violence propensity’.
“Everything I’ve seen, my professional experience would tell me that this guy was either a Boy Scout or an actual leader for a group.
“With the radio [it’s] much more likely he actually did some research beforehand, or the frontman, but that kind of activity and behavior doesn’t happen out there unless it’s part of the cartel,” he said.
George Alan Kelly, 73, has been arrested on a first-degree murder charge for the shooting death of Gabriel Cuen-Butimea at his home on January 30. He is shown arriving in court today after being released on $1 million bail
Former Border Patrol Chief Rodney Scott, who was previously a supervisor in the area, told NewsNation that the area has a “proneness to violence.”
He added: “This has been a difficult area for many, many years. The cartel’s operations in this area had a violent bent.
“A good friend of mine was actually pinned down by automatic weapon fire for 20 minutes while the cartel came and secured the narcotics they were trying to smuggle in.”
Today, the first-degree charge against Kelly was dramatically reduced to second-degree murder amid growing questions surrounding the case and after well-wishers raised enough money for Kelly to pay his $1 million bail.
Kelly – who has no criminal record – told border police at 2.30pm on January 30 to report a group of Mexican men walking through his country.
He said he was “being shot at” and fired his own warning shots, but was careful not to shoot any of the men directly.
At an evidence hearing, Kelly’s Brenna Larkin grilled the detective who questioned Kelly after his arrest.
She suggested it was entirely possible a rival cartel could have shot Cuen-Butimea — not Kelly — but that the cops were trying to get him to admit it anyway.
The detective had testified that he had found an AK-47 shell casing on Kelly’s porch.
“Isn’t the AK47 the most common rifle carried by drug smugglers?” Larkin asked.
‘Yes.’
She argued the investigation was biased from the start.
Prosecutors called a Mexican man to the witness stand who claims to have been at Cuen-Butimea the day he was shot.
Answering questions with the help of a translator, the man claims – using only his initials – that he works “in the fields”.
He admitted to entering the US illegally “six or seven times” and said he was caught by border patrol officers “every time”.
Gabriel Cuen-Butimea, 48, was shot dead on January 30 while on George Kelly’s land. He wore combat boots and had a radio with him – which according to the border guard chief indicates a cartel affiliation
Kelly’s Ranch in Nogales is just a stone’s throw from the border. Nogales is known to be a hot zone for drug smuggling, where the cartel is “particularly aggressive,” according to border officials
Kelly, 73, was charged with first-degree murder and sent to county jail in January. He asked to go home to take care of his wife, but a judge refused. He was finally released yesterday after well-wishers raised enough money to make a bond
Kelly’s ranch in Arizona, where he says he fired warning shots from his porch
The detective admitted that Kelly had called Border Patrol contacts asking for help in the past and that the sheriffs always took too long to respond.
Prosecutors described Cuen-Butimea as an “innocent man who was shot in the back while running for his life”.
They wanted to keep Kelly in prison so that two other Mexicans could testify in court.
These men say they were there that day and that Kelly shot them too. He was charged with first-degree murder and immediately placed on $1 million bail.
Earlier this week, after presenting a full-bodied defense, the judge agreed to convert his bail from cash to surety.
It allowed him to combine the value of his home with $350,000 raised by strangers in a GiveSendGo account and return home to his wife, Wanda.
KELLY’S VERSION OF THE STORY: GANG OF DRUG RUNNERS IN COMBAT BOOTS AND CARRYING TRANSCEIVERS WERE HEARD FOOTING THEIR GUNS AND RUNNING ACROSS HIS COUNTRY
The following description is from a motion filed in court by George Alan Kelly’s attorney.
On Jan. 30, George Alan Kelly reported the discovery of a body on his property near Kino Springs, where he and his wife have lived for two decades.
Earlier in the day he had been doing chores at his ranch and had come to his house to have lunch with his wife.
As they ate, Mr. Kelly heard a single gunshot. Next he saw his horse – which is old – frightened and running away at full speed. Eventually he saw a group of men moving through the trees around his house.
They were armed with AK-47 rifles, dressed in khakis and camouflage clothing, and carried large backpacks. None of them were known to him. He had not given any of them permission to come to his land. Based on the foregoing, Mr Kelly was understandably concerned and justifiably afraid for his safety.
He called the United States Border Patrol Ranch liaison to report what he had seen and to request immediate assistance. He told his wife to stay indoors, stay away from windows and keep quiet so as not to alert the men to their presence.
Mr. Kelly then went onto the porch with his rifle. The leader of the armed group of men saw Mr. Kelly and aimed an AK-47 directly at him.
Fearing for his life and safety, Mr. Kelly fired multiple shots from his rifle in hopes of scaring them away from his wife, animals, and home.
Mr. Kelly made sure to aim well over the heads of the armed group of men.
In a written defense presented to the court, Kelly’s attorneys described how he was at home having lunch when he heard gunshots outside and then saw his horse running. He called the border police and later the sheriff’s department. None of them initially found the victim’s body
The group then began running into the desert surrounding his home. After the group fled, Mr. Kelly went to his barn to see if it was safe and secure.
Mr. Kelly had another call with the Border Patrol, which ended at 2:36 p.m…..while Mr. Kelly was checking his barn, some Border Patrol agents and the sheriff’s deputy arrived at the property.
[They] walked all over Mr. Kelly’s property in search of the group of people and found no one.
Later that day, as the sun was setting, Mr. Kelly went to his pastures to check on his horse. He took his dogs with him. After finding the horse, Mr. Kelly noticed his dogs focusing on something on the ground near a mesquite tree. Mr. Kelly approached his dogs and observed a body lying face down in the grass.
Mr. Kelly then called the Border Patrol Ranch Liaison again.
The body was that of a male foreigner. The person had no firearms or backpack with him. The cause of death appeared to be a single gunshot wound and the body appeared fresh.
The individual was carrying a radio and was wearing tactical boots, suggesting he may have been involved in illegal activities.
Mr Kelly does not believe any of his warning shots could possibly have hit the person or caused the death.
All shots fired by Mr. Kelly on the day of this incident were in self-defense and justified.
THE PROSECUTORS & MIGRANTS VERSION OF THE STORY: KELLY ARISED “UNPROVOCATED” WITH AK-47 AND STARTED SHOOTING “INNOCENT” MEN WHO “POSED NO THREATS TO HIS FAMILY”
The following description is from a file filed by Santa Cruz County Attorney George E. Silva and Assistant County Attorney Kimberly Hunley.
On January 30, 2023, at approximately 2:30 p.m., a group of approximately 7 to 8 undocumented immigrants from Mexico traveled north through the Kino Springs area. Contrary to Kelly’s portrayal, no one in the group carried guns.
The group, which also included RF-G and DR-R, was in sight of the Kelly residence when Kelly started shooting at them with an AK-47 out of nowhere. Kelly issued no warnings and made no requests.
He just started shooting at her. DR-R was just a step behind Gabriel when he heard Gabriel shout in Spanish, “I’m hit,” grab his chest and fall to the ground. He saw Gabriel’s eyes roll back in his head and when he could only see the whites of his eyes, he knew that Gabriel was dead.
He felt like they were being hunted. Kelly shot her at least 8 rounds. Both RF-G and DR-R jumped the fence and made it back to Mexico. Are ready and available to testify.
About 6 minutes later, Kelly called Agent Morsell again. This time, Kelly said he lost sight of the motives running toward Kino Springs. When asked if he was shot, Kelly claimed he heard a gunshot in his direction. He saw his horse run by and he inspected his horse but he didn’t seem stuck,
Prosecutors have now filed further charges against Kelly for aggravated assault
Prosecutors asked Kelly to stay in jail for $1 million so the victim’s family could travel across the border in Mexico and attend the trial
Kelly said it was “too far to tell if they had firearms.” Border Patrol agents and sheriff’s deputies responded to the scene and walked the property. They didn’t find anything back then
Kelly called Agent Morsell again at 4:23 p.m. By this time, his story had changed significantly. He told Agent Morsell that he was inside the house with his wife when “we” heard a gunshot.
He said he saw 10 subjects all loaded with AR assault rifles. He said his wife saw it too.
Then at 5:23 p.m. he tried to call Agent Morsell again. He left a message: “You must call me immediately. This is serious. call me immediately I can’t say more on the phone.’
Agent Morsell returned his call. At this point, Kelly’s tone had completely changed. He sounded nervous or scared. Kelly said: “This is worse than you can imagine. This is bad.’
Kelly told him that he needed Morsell to send Border Patrol because it was a broader problem.
When Morsell asked for details, Kelly continued to be evasive, saying, “This is bad. I need someone out here to react.’ You know how there used to be shooting, there might have been some shooting. I can’t say more on the phone.
One of the MPs turned on his phone’s recorder as they spoke and walked with Kelly. Kelly told him a shot had been fired and he didn’t know what it was about. He went out to get his horse.
He said he was “walking all over the place” and claimed “maybe that’s what happened after you left”, referring to MPs’ previous visit.
He said, “There’s a body over there, when I saw it I backed away from it.” Kelly later spoke to detectives. After initially denying firing at the group, he later admitted to firing.
He claimed he aimed his shots over the heads of the group.