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Prosecutors in Arizona said on Monday that they would not retry a rancher who was charged with murdering an unarmed migrant on his property last year after a mistrial was declared last week. Judge Thomas Fink of Santa Cruz County Superior Court declared a mistrial on April 22. The Santa Cruz District Attorney’s Office said in a statement on Monday that “because of the unique circumstances and challenges surrounding” the case, Mr. Kelly would not be retried. “However, our office’s decision in this case should not be construed as a position on future cases of this type,” the office said. “Our office is mandated by statute to prosecute criminal acts, and we take that statutory mandate seriously.”
Persons: George Kelly, Gabriel Cuen, Cuen, Buitimea, Judge Thomas Fink, Kelly, , Organizations: Santa, Superior Court, Attorney’s Locations: Arizona, Kino Springs, Ariz, Mexico, Santa Cruz
A judge on Monday declared a mistrial in the case of an Arizona rancher who was accused of murdering an unarmed migrant on his property after he crossed the U.S.-Mexico border last year, in a case that inflamed people on both sides of the national debate over immigration. The mistrial was declared after jurors were unable to reach a unanimous verdict during deliberations that began on Thursday. The judge scheduled a hearing for April 29, according to the Arizona Superior Court in Santa Cruz County. Calls on Monday evening to prosecutors and to Brenna Larkin, a lawyer for Mr. Kelly, were not immediately returned. Gabriel Cuen-Buitimea was among a group of undocumented migrants who were crossing the high desert in Kino Springs, Ariz., near the border with Mexico on Jan. 30, 2023, when they spotted a Border Patrol vehicle and scattered, according to the authorities.
Persons: Brenna Larkin, Kelly, Gabriel Cuen, Buitimea Organizations: Arizona Superior Court, Patrol Locations: Arizona, Mexico, Santa Cruz County, Kino Springs, Ariz
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