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Barry Markson

(280 posts) Mon Apr 29, 2024, 05:48 PM Apr 29

Prosecutors won't retry Arizona border rancher on murder charge after hung jury

Source: Arizona Daily Star

A Nogales rancher who was accused of killing an unarmed Mexican man on his property is now a free man, after prosecutors declined Monday to retry the case that ended in a mistrial last week.

"Because of the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney's Office has decided not to seek a retrial," said prosecutor Kim Hunley, Santa Cruz county attorney, during a status hearing in Santa Cruz County Superior Court on Monday afternoon.

Jurors were unable to reach a unanimous verdict in the closely watched trial and deadlocked 7-1, in favor of acquittal, according to Kelly's defense team.

After asking jurors to keep trying to reach a verdict, Superior Court Judge Thomas Fink declared a mistrial on April 22.

Read more: https://tucson.com/news/local/border/arizona-border-rancher-mistrial-hung-jury-murder-charge-dismissed/article_d8c5eedc-0653-11ef-be51-a74a35b43877.html

It is now open season on climate migrants seeking asylum on our Southern border.

8 replies

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Highlight:

Prosecutors won't retry Arizona border rancher on murder charge after hung jury (Original Post) Barry Markson Apr 29 OP

Living in Arizona, why am I not even surprised by this decision? StarryNite Apr 29 #1

I hope the first face he encounters before he goes to sleep is the face of the dead man. kimbutgar Apr 29 #2

Shot him with an AK-47 for crossing his property. 7-1 to dismiss. The prosecuters must have done an awful job. C Moon Apr 29 #3

Like the old KKK trials. He needs to be tried by the feds for civl rights violations. Wonder Why Apr 29 #4

Way to go jury bluestarone Apr 29 #5

Our judicial system is broken from the top down and StarryNite Apr 29 #6

Thank The Republicans Traurigkeit Apr 29 #7

The jury thought he didn't commit murder TexasDem69 Apr 29 #8

StarryNite

(9,484 posts)

1. Living in Arizona, why am I not even surprised by this decision?

Reply to Barry Markson (Original post)

Mon Apr 29, 2024, 05:54 PM

Apr 29

kimbutgar

(21,318 posts)

2. I hope the first face he encounters before he goes to sleep is the face of the dead man.

Reply to Barry Markson (Original post)

Mon Apr 29, 2024, 05:55 PM

Apr 29

And just before he wakes up the face of the man he killed is in his dreams.

C Moon

(12,228 posts)

3. Shot him with an AK-47 for crossing his property. 7-1 to dismiss. The prosecuters must have done an awful job.

Reply to Barry Markson (Original post)

Mon Apr 29, 2024, 05:57 PM

Apr 29

"Kelly, 75, was charged with second-degree murder in the killing of Gabriel Cuen Buitimea of Nogales, Sonora, as he crossed the rancher's property, heading toward the U.S.-Mexico border. Cuen Buitimea's body was found 115 yards from Kelly's patio, wher:e law enforcement recovered nine spent bullet casings from Kelly's AK-47. The bullet that killed Cuen Buitimea was never recovered."

Wonder Why

(3,401 posts)

4. Like the old KKK trials. He needs to be tried by the feds for civl rights violations.

Reply to Barry Markson (Original post)

Mon Apr 29, 2024, 06:00 PM

Apr 29

bluestarone

(17,179 posts)

5. Way to go jury

Reply to Barry Markson (Original post)

Mon Apr 29, 2024, 06:02 PM

Apr 29

He WILL kill again thanks to you!!

StarryNite

(9,484 posts)

6. Our judicial system is broken from the top down and

Reply to Barry Markson (Original post)

Mon Apr 29, 2024, 06:14 PM

Apr 29

it could cost us our democracy.

Traurigkeit

(548 posts)

7. Thank The Republicans

Reply to StarryNite (Reply #6)

Mon Apr 29, 2024, 09:52 PM

Apr 29

TexasDem69

(1,925 posts)

8. The jury thought he didn't commit murder

Reply to Barry Markson (Original post)

Mon Apr 29, 2024, 10:09 PM

Apr 29

And the prosecutor decided to drop the charges. That’s how our legal system is supposed to work.

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