George Alan Kelly, a 75-year-old Arizona rancher, faces questions about his heroism after a mistrial in his case for the shooting death of Gabriel Cuen Buitimea, an undocumented immigrant.
Kelly was accused of second-degree murder after an investigation revealed he shot an unarmed man on his cattle ranch in 2023. Prosecutors allege Kelly recklessly fired an AK-47 at a group of men, while Kelly maintains he only fired warning shots in the air.
The trial transformed Kelly into a right-wing icon. However, the jury deadlocked on April 19th, and prosecutors have announced they won’t retry the case.
Border rights activists, including Ana Maria Vasquez, Director of the Border Patrol Victims Network, protested outside the courthouse demanding a new trial and urging authorities to investigate the killing as a hate crime.
Unsurprisingly, conservative media outlets have gleefully celebrated the news of Kelly’s freedom. These outlets have developed a disturbing affinity for promoting armed vigilantes and extrajudicial punishment.
Far-right social media accounts cheer Kelly on, while ultraconservative media outlets like Newsmax portray him as a heroic figure. He gave a sympathetic interview with conservative News Nation reporter Ali Bradley, where he spoke somberly of the hardships he claims to have endured during the trial. However, no mention is made of the suffering endured by Gabriel’s family or their financial situation since his death.
Similar to Kyle Rittenhouse, the young man acquitted after shooting anti-racist protesters in 2020, Kelly has become a cause célèbre among many conservatives. Arizona Republicans even attempted to pass a law, seemingly in his honor, that would expand self-defense claims for property owners. This law would allow them to kill or threaten to kill people who trespass on their property while illegally entering the U.S. The bill was ultimately vetoed by Democratic Governor Katie Hobbs.
Ironically, it’s argued that if a U.S. citizen crossed into Mexico and was killed by a rancher there, there would likely be a massive outcry in right-wing media and a demand for extradition.
Adding further suspicion, Kelly even wrote a novel about a vigilante named George who shoots at people crossing his property along the U.S.-Mexico border, a region the book describes as a «war zone.» Other similarities in the book, such as the protagonist’s wife having the same name as Kelly’s wife, have led observers to believe the book is a thinly veiled recounting of his own story.
Despite his claims of hardship, Kelly has been rewarded by the conservative media machine. He has received at least hundreds of thousands of dollars in donations through the conservative crowdfunding site GiveSendGo.
At this rate, it wouldn’t be surprising if Kelly is invited to speak at this year’s Republican National Convention and becomes a fixture on right-wing media platforms. The Santa Cruz County prosecutor’s office declined to retry Kelly after the first trial resulted in a hung jury.
Issues raised by immigrant rights activists
- The trial’s location: Activists believe the Nogales court system favored Kelly and that Gabriel’s family never had a chance for a fair hearing. They argue the trial should have been moved to Tucson or another jurisdiction.
- Kelly’s book: They believe the book should have been entered as evidence as it potentially establishes racial bias and a fantasy of armed violence.
- Lack of evidence supporting Kelly’s claims: Prosecutors found no evidence of shots fired at Kelly before he opened fire.
- Failure to call 911: If Kelly felt threatened, why did he call a border patrol agent he knew instead of 911?
- Actions after the shooting: Kelly claims to have shot in the air before fatally shooting Gabriel. Activists question why he didn’t call 911 for medical assistance or attempt first aid after finding Gabriel’s body.
- Distance and visibility: Kelly claims he saw the immigrants from 100 yards away. Activists point out the difficulty of accurately identifying someone at such a distance.
Potential future actions
- A civil lawsuit: The Mexican Consulate supports a civil lawsuit, but an Arizona attorney willing to file it needs to be found. Some believe Kelly should be forced to surrender his ranch to Gabriel’s family.
- Extradition: The Mexican government could request Kelly’s extradition for trial in Mexico.
- Retrial by the state attorney general: Similar to the George Floyd and Rodney King cases, the state attorney general could refile charges.
- Hate crime charges: The Department of Justice could file hate crime charges, as they did in the Ahmaud Arbery case.
The growing danger of vigilante violence and its apparent acceptance by some courts emboldens right-wing groups to target immigrants and others they might think are immigrants.
