NOGALES, Ariz.—Testimony continued in the trial of a 75-year-old Arizona rancher accused of gunning down an illegal immigrant on his property with an AK-47 rifle on Jan. 30, 2023.
George Alan Kelly faces charges of second-degree murder and aggravated assault using a deadly weapon in the fatal shooting of Gabriel Cuen-Buitimea, 48, a Mexican citizen who was allegedly seeking work as a roofer in the United States.
On the fourth day of trial, state prosecutors called three law enforcement witnesses who testified to searching Mr. Kelly’s 100-acre property shortly after the shooting.
“It’s a dangerous area that we work,” prosecution witness Roberto Heredia, a 15-year Border Patrol agent in Nogales, Ariz., told the 12-member jury on March 28 in Santa Cruz County Superior Court.
“We could potentially run into armed individuals. They’re up to no good in that area,” he said.
Mr. Heredia testified that he was the first Border Patrol agent at the scene after a dispatched report of shots fired at Mr. Kelly’s property near Kino Springs at 2:40 p.m.
He said he was met outside the ranch house by Mr. Kelly’s wife, who told him that her husband had gone looking for the group of five illegal immigrants he’d seen trespassing on their property.
The men were wearing backpacks and presumably armed.
“My concern at the time was armed individuals, and I was there by myself,” Mr. Heredia testified. “Our priority was armed individuals.”
After a “hasty perimeter search,” Mr. Heredia testified that he found Mr. Kelly walking along a dirt road south of the property. He was cradling an AK-47 in his left arm, accompanied by his two dogs.
“He didn’t look like he was afraid. He was calm. His demeanor appeared relaxed,” Mr. Heredia said on cross-examination by defense attorney Kathy Lothorp.
“Like if you shot someone and he was scared about it, you would expect him to be nervous?” Ms. Lowthorp asked the witness, and he agreed.
The agent said Mr. Kelly informed him that he saw five to seven men from his ranch house crossing his property about 100 to 150 yards away.
All appeared to be carrying “bundles of narcotics,” and when he heard a single gunshot, the men ran away.
The defendant told the agent that he suspected the men were drug “mules” who carry drugs for the cartels because of the large size of their backpacks.
Two Border Patrol agents and five sheriff’s deputies conducted a “cursory search” of the property but were unable to locate the victim or anyone else in the group.
At the time of the shooting, Mr. Buitimea and Daniel Alberto Ramirez, 43, of Honduras, were traveling together when they allegedly encountered a hail of gunfire while crossing the Kellys’ ranch property.
As a prosecution witness, Mr. Ramirez testified on March 27 that one of the bullets struck Mr. Buitimea in the back and exited his chest, killing him almost instantly.
Mr. Kelly discovered the victim lying face down in the tall grass 115 yards from the ranch house later in the afternoon while checking on his horse. He then called the Border Patrol liaison to report the incident.
The victim was unarmed, wearing tan pants and a fanny pack, and carrying a camouflage backpack, a cell phone, and a walkie-talkie in his waistband.
An earlier defense photograph showed Mr. Buitimea wearing similar clothing and carrying binoculars and a handheld radio.
In further testimony, Mr. Heredia said that radios and binoculars are usually found on drug cartel “scouts” and illegal “aliens as well.”
“It could be a scout. It could be a hunter,” he said.
Prosecution witness Gary Wisdom, a Santa Cruz County rancher and Mr. Kelly’s neighbor, testified that he “used to see [illegal immigrants] often” crossing on his leased 2,000-acre property. “I don’t see them that much anymore.”
“I’d just go the other way,” said Mr. Wisdom, 73. “I’ve seen them with weapons several times,” traveling in groups of 10 or more.
“I figured they were probably carrying drugs. They wouldn’t have any other reason going through there like that.”
The prosecution then called Santa Cruz Sheriff’s Deputy David Monreal, who testified to law enforcement conducting a “cursory search” of the Kellys’ ranch property as opposed to a “security sweep” searching for armed suspects.
“We’re looking as much where someone could hide,” he said and added Mr. Kelly “did say he heard one gunshot. He saw all these subjects running south, and his horse was startled.”
“After he made the observation, he grabbed his AK-47,” which he kept near the front door, referring to the weapon as “his baby,” Mr. Monreal testified.
The officer later testified that Mr. Kelly believed the group of men were “rival cartel members that shot at each other and started running south.”
The prosecution presented to the jury the AK-47 Mr. Kelly allegedly used in the shooting, along with a plastic evidence bag containing the flashlight used with the rifle and a cardboard box that held the magazine and bullets.
On cross-examination, Ms. Lowthorp called into question Mr. Monreal regarding the scope of the ground search by law enforcement.
“A search is a search. You need to be thorough,” she said. “Are you saying you didn’t bother to look between these two fences?” in the search area.
“Just a general view,” Mr. Monreal responded.
“You’re supposed to be out there looking for someone, but you didn’t really look. You avoided areas because you’re looking for Mr. Kelly,” Ms. Lowthorp said.
She then asked, “Did anybody tell you to downplay your search?”
“No,” the witness replied.
“How about a dead body?” she asked.
“We weren’t looking for a dead body,” he replied.
Ms. Lowthorp said that with a report of shots fired, “Why weren’t you looking for a body? Why didn’t you all pay attention to this area if you did a good search? You weren’t looking. Why?”
“Never saw a dead body,” Mr. Monreal said.
“So, your cursory search wasn’t much of a search, was it?” Ms. Lowthorp replied.
“It was a search, and we found Mr. Kelly,” the deputy responded.
Prosecution witness Cristobal Castaneda, a six-year sheriff’s deputy, testified that Mr. Kelly believed the group of men were “members of the cartel.”
Mr. Castaneda testified that during their conversation at the scene, Mr. Kelly stated that he would “do what he had to do to protect his property ... that he was conscious of the consequences.”
“And that he would take responsibility for his actions?” Santa Cruz County Chief Attorney Kimberly Hunley asked.
“Correct,” Mr. Castaneda replied.
The trial resumes March 29 and continues to April 19, when the jury begins deliberating toward a verdict.
