The case against elderly Arizona rancher George Alan Kelly, who is accused of murdering a Mexican migrant by shooting him dead on his land last month, is heated today as both he and prosecutors disagreed with a judge Present versions of their story.
Kelly, 73, is in custody on a single murder charge for shooting Gabriel Cuen-Butimea on January 30. He told police and border guards that he fired warning shots when he saw Cuen-Butimea and at least eight other Mexican men walking through his country.
He said he mistook them for drug smugglers and wanted to scare them away, but was careful not to shoot them directly. Afterward, he called border police and the entire ranch was immediately searched, but no bodies were found. It wasn’t until hours later, while trying to find his horse, that he found the man’s body and called authorities again to report the death.
However, prosecutors say Kelly – who has no criminal record and lives alone with his wife Wanda – deliberately “chase down” the men with an AK-47 and that he later changed his story several times while speaking to police and border patrol .
They say he shot the “innocent man” Cuen-Butimea in the back while he was “running for his life” and base their case largely on the testimonies of two other men who have recently come forward and claim they are been there that day.
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George Alan Kelly, 73, says he was defending his country when a group of up to 10 Mexican migrants ran across the country on January 30, firing guns and carrying backpacks and walkie-talkies. He is now charged with the murder of one of the men whose body was found on his property
Kelly is shown leaving the court in handcuffs. His bail has been converted from cash to security, meaning he can use his home to secure release. When and if that will happen is unclear
These men claim they were all migrants trying to sneak into America, but when Kelly started shooting, they jumped back over his fence and “made it back to Mexico.”
In court today, a judge agreed to convert Kelly’s $1 million bail into a bond, allowing him to use his 170-acre ranch to get out after nearly a month in prison.
He has also been charged with two counts of aggravated assault against “Daniel” and “Ramon” – the two migrants who have now come forward to assist prosecutors.
Prosecutors today said Kelly shot an “innocent man in the back as he fled for his life”.
A filing said the migrants posed “no threat to him or his family.”
“This type of unprovoked attack poses a significant threat to victims and the community,” Assistant District Attorney Kimberly Hunley said in the filing.
Kelly’s lawyer said the two men who came forward were fully believed by prosecutors – while all of his comments were under scrutiny.
She also pointed out that these men have only now come forward to testify, almost a month after the shooting, after the case has garnered national and international media attention.
“There is a very large incentive structure for people to enlist — people can get Dong immigration benefits like this. You can also give in to pressure from human traffickers who have an interest in blaming Mr. Kelly for this event.
“Certificates are bought and sold by drug dealers. It is a commodity and is used.
“The benefit they get here is security for their smuggling route through his property, and they are sending a message to everyone else that if you defend your property against us, you will be arrested and there will be witnesses.”
George Alan Kelly hears prosecutors in court on Wednesday. The 73-year-old denies wrongdoing and says he only ever fired warning shots
Kelly’s wife Wanda leaves court on Wednesday. He says he was just trying to protect her
Kelly’s 170-acre ranch is just a stone’s throw from the border. He told police he was having lunch with his wife when he heard gunshots on January 30. He went onto the porch with his gun and said he fired warning shots while watching a group of men running through the trees
Kimberly Hunley, Chief Deputy County Attorney, called Kelly a danger to society in her brief
Kelly’s attorney said the case was “decided” before charges were even brought and that he was unfairly branded a violent racist.
Gabriel Cuen-Butimea’s body was later found on the ranch’s land
“There was no bullet. There were no witnesses. But the government jumps ahead and decides to indict first-degree first degree murder.
“This struck a match over a very intense political powder keg and predictably there was an explosion.
“This case was highly publicized, highly politicized. People have already pre-judged this case very loudly.
“Following this massive political explosion, random witnesses come forward. They only come forward after the fact – after the investigation has been compromised by the whole public – basically anyone can come forward.
“The state doesn’t seem to have checked any of these witnesses.
“The state doesn’t seem to be scrutinizing these testimonies in the same way as theirs, there seems to be a double standard and corroboration bias.”
Prosecutors, in their own filing, asked the judge to keep Kelly behind bars so witnesses – and the victim’s family – would feel safe in court.
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,” grabbed his chest and fell 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 have any 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 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 saying: “You need to call me immediately. That 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.
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 inspected his horse but it didn’t seem to be stuck. Kelly said it was “too far to tell if they have any 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 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 saying: “You need to call me immediately. That 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. That is bad. Kelly told him he needed it
Have Morsell send in Border Patrol because it’s a broader subject.
When Morsell asked for the details, Kelly continued to be evasive, saying, “This is bad. I need someone out here to answer.” 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.
