NOGALES, Ariz.—An expert firearms witness in the murder trial of George Alan Kelly told a jury on April 9 that forensic tests showed no gunshot residue was present on the clothing of an illegal immigrant found fatally shot on Mr. Kelly’s property.
Aaron Brudenell, a forensic firearms specialist with the Arizona Department of Public Safety, also testified that the bullet casings found at the alleged crime scene were the same type of ammunition used in an AK-47 semi-automatic rifle.
Prosecutors allege that Mr. Kelly fired the round from an AK-47 that struck and killed Gabriel Cuen-Buitimea on Jan. 30, 2023.
On the 10th day of testimony, Mr. Brudenell testified that he examined all nine shell casings recovered from the patio area of the Kelly residence on the ranch in Nogales, where the defendant allegedly fired the weapon.
The ranch is located about 1.5 miles from the Mexican border.
He said the shell casings in test firings were consistent with the type of ammunition used in the defendant’s rifle.
“They were all fired from the same gun,” Mr. Brudenell said under cross-examination by prosecutor Michael Jetty.
Mr. Brudenell also based his conclusion on a comparison of the ejection pattern made by the rifle in the test firing using actual shell cases retrieved at the alleged crime scene.
Based on the medical examiner’s report, the wounds indicated that the projectile was “not hitting in a stable configuration,” he said.
This suggested that the bullet may have struck an “intermediate object” that altered the motion of the bullet before it hit the victim, according to Mr. Brudenell.
He said he tested the victim’s camouflage-colored jacket for gunshot residue but found none.
Mr. Brudenell said he found no evidence of “bullet wipe” on the jacket’s entry and exit holes. A bullet wipe involves the transfer of lead and other chemicals from the bullet as it penetrates an object.
“I found no visible particles, residues, or traces of lead [on the victim’s jacket],” he testified.
“I can’t confirm [the perforations] came from bullet holes, [but] they appear to be bullet holes.
“The lack of bullet wipe suggests to me [that the bullet was] interrupted by an intermediate object” before hitting the jacket and entering the victim.
Mr. Kelly, 75, faces charges of second-degree murder and two counts of aggravated assault with a deadly weapon in the shooting death of Mr. Buitimea, 48, an illegal immigrant from Mexico.
The defendant claims that on the day of the shooting, he saw through a kitchen window a group of men in camouflage clothing and backpacks walking along a fence line to the south.
Mr. Kelly suspected that the men were drug “mules,” or drug packers for the cartel. The men appeared to have rifles, and when the defendant heard a gunshot, he told his wife to stay quiet as he grabbed his AK-47 and stepped out onto the porch.
Mr. Kelly’s wife, Wanda Kelly, testified that she heard several shots close by and that she assumed that they were “warning shots” made by her husband to chase the men away.
Investigators did not locate a body during an initial search of the Kellys’ property. Mr. Kelly would later tell investigators that he discovered the victim lying face down 116 yards away from the ranch house several hours later while checking on his horse.
Detective Sgt. Joseph Bunting, a 22-year veteran with the Santa Cruz County Sheriff’s Office, testified on April 9 that metal detectors did not locate the bullet that allegedly caused the victim’s fatal wounds.
Sgt. Bunting testified for the prosecution that he was unable to locate objects within the line of fire indicating that a bullet had struck them.
A broken mesquite tree limb taken as evidence showed no gunshot residue or bullet wipe when tested by a forensic lab, he said.
During cross-examination, Detective Sgt. Alfonso Flores, a six-year member of the Santa Cruz County Sheriff’s Office, testified that he had no reason to believe that Mr. Buitimea had committed two crimes.
“Before he died, you didn’t believe he was involved in criminal activity?” defense co-counsel Brenna Larkin asked the prosecution witness.
Sgt. Flores responded that he did not.
“Is it a crime to trespass?” Ms. Larkin asked.
The witness replied, “Yes.”
The defense attorney asked, “Is it a crime to enter the United States illegally?”
“Not under state law,” Sgt. Flores said, although he qualified his response by noting that it is a crime under federal law.
He testified that the victim’s partially unzipped backpack held food, clothing, and a bottle of water. The victim also had a phone and a two-way radio in his waistband.
In this trial, members of the jury are allowed to ask questions of the witness giving testimony.
Through Judge Thomas Fink, one jury member asked if investigators had tried to determine who was on the other end of the radio.
Sgt. Flores responded that it was “not a common practice” during an investigation.
A jury view of the alleged crime scene and the border fence where an eyewitness fled back into Mexico are scheduled to take place on April 11.
Mr. Jetty said the prosecution would rest its case on April 10 or April 11, and then the defense would present its witnesses.
