A 73-year-old Arizona rancher has been arrested and charged with first-degree murder for the killing of an illegal immigrant who has been tentatively identified as a Mexican citizen.
Full details about the shooting have not been made available, and it is unknown whether the rancher, George Alan Kelly, and the deceased, Gabriel Cuen-Butimea, 48, knew each other. The killing occurred on Jan. 30, and Kelly’s arrest was preceded by authorities finding the dead body of Cuen-Butimea on Kelly’s cattle ranch. Cuen-Butimea’s was identified from a Mexican voter registration card he carried.
Kelly is being held at the Santa Cruz County Jail in Nogales, Arizona, and his bail was set at $1 million by Justice Emilio Velasquez. Kelly has requested the judge to reduce his bail in order to go back home and take care of his wife.
The Shooting
The incident happened in the Kino Springs area just outside Nogales, according to Sheriff’s Chief Deputy Gerardo Castillo. A call came in at about 2:40 p.m. Monday, regarding a shooting in the Sagebrush Road area, per Nogales International. There were reports of a commotion at the scene but the deputies found nothing on arrival.However, around 6:00 p.m., the sheriff’s office received another call about shots fired at the property. This time, deputies found the deceased body of Cuen-Butimea with a visible gunshot wound 100–150 yards from Kelly’s house.
Kelly lived 1.5 miles north of the border with Mexico, roughly three-quarters of a mile southeast of Kino Springs Road. Kelly was arrested because the body was found on his property.
According to the outlet, Kelly requested a reduction in the bond amount but Judge Velasquez said that it would be determined by the County Attorney’s Office. Kelly was cordial with the officers when he was brought to court.
Stand Your Ground
A person can fight, and even kill, in order to protect himself or others based on Arizona law.The burden lies on prosecutors to prove beyond a reasonable doubt that the defendant was not justified in using deadly force during self-defense.