Prosecutors said Monday they will not retry an Arizona rancher whose trial in the fatal shooting of a Mexican man on his property ended last week with a deadlocked jury.
The jurors in the trial of George Alan Kelly were unable to reach a unanimous decision on a verdict after more than two days of deliberation. Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial on April 22.
After the mistrial, the Santa Cruz County Attorney’s Office had the option to retry Kelly — or to drop the case.
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Prosecutors had said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men on his cattle ranch, including Cuen-Buitimea, about 100 yards (90 meters) away. Kelly has said he fired warning shots in the air, but argued he didn’t shoot directly at anyone.
For one thing, he was charged with second-degree murder. The prosecutor would have to charge him with manslaughter (and/or negligent homicide), which would require competence.
The fact that the prosecutor is simply dropping the case instead tells you immediately how incompetent they are.