AZ - Gabriel Cuen-Buitimea, allegedly shot and killed with an AK-47 by rancher George Alan Kelly, 75, Kino Springs, Jan 2023

[SteveS]

the only one who said that was him. may be true, may not be. LE said his stories were inconsistent that day.

Actually this isn't true, in 2 respects --

1 In at least one area (and maybe more) where they have said he was inconsistent, GK has said strongly that his story has never changed, and that they made a mistake in what he actually was saying. That's possible - people can make mistakes, both in telling and in hearing and in writing.
2 The idea that they came way up by and toward his house is 100% backed up by the sworn testimony of the STATE's witness in court, who said they came to within 10 YARDS of his house. That creates a completely different scenario to consider than the idea that they were a long ways away innocently trying to just pass by.

 

[cvaldez1975]

Actually this isn't true, in 2 respects --

1 In at least one area (and maybe more) where they have said he was inconsistent, GK has said strongly that his story has never changed, and that they made a mistake in what he actually was saying. That's possible - people can make mistakes, both in telling and in hearing and in writing.
2 The idea that they came way up by and toward his house is 100% backed up by the sworn testimony of the STATE's witness in court, who said they came to within 10 YARDS of his house. That creates a completely different scenario to consider than the idea that they were a long ways away innocently trying to just pass by.

semantics. the point is, its clear as mud. it will eventually come out and either they did or did not.

 

[Cool Cats]

I am hoping there is more proof than a changing story. There has to be something to tie the body to Kelly's armaments or the whole thing is just a tragic spectacle. Obviously, I know.

Yes, they need the bullet to tie to his gun, without that there is no proof. As far as I know they didn't find a bullet but why not?

Makes me suspicious that the bullet was taken at the scene because someone other than Kelly shot him. I have reasonable doubt Kelly shot him if there is no ballistics linking Kelly's gun.

It is a violent area with gunfire and it is not beyond the scope of reason that someone else deliberately or accidentally shot him. Maybe someone aiming back at Kelly.

 

[NuttMegg]

Yes, they need the bullet to tie to his gun, without that there is no proof. As far as I know they didn't find a bullet but why not?

Makes me suspicious that the bullet was taken at the scene because someone other than Kelly shot him. I have reasonable doubt Kelly shot him if there is no ballistics linking Kelly's gun.

It is a violent area with gunfire having happened from various guns and it is not beyond the scope of reason that someone else deliberately or accidentally shot him. Maybe something aiming back at Kelly.

No, we only have gk's word that gunfire was coming from other than his own gun. For which casings were found. So far no proof of guns on or gunfire from other people. Also, where was it said or admitted that there is no bullet found? Defense atty words don't count. Imo

 

[PrairieWind]

Yes, they need the bullet to tie to his gun, without that there is no proof. As far as I know they didn't find a bullet but why not?

Makes me suspicious that the bullet was taken at the scene because someone other than Kelly shot him. I have reasonable doubt Kelly shot him if there is no ballistics linking Kelly's gun.

I don't know that we have heard any reference to the bullet. But it apparently passed through the victim, so it would continue on and could be anywhere. I assume LE would have used metal detectors in the immediate area to search for it or any other shell casings. But I imagine if its not found in the immediate vicinity of the body, it isn't going to be found.

 

[Deleted member 39678]

I don't know that we have heard any reference to the bullet. But it apparently passed through the victim, so it would continue on and could be anywhere. I assume LE would have used metal detectors in the immediate area to search for it or any other shell casings. But I imagine if its not found in the immediate vicinity of the body, it isn't going to be found.

Also if a bullet matching Mr Kelly's gun is found it will have to have the victims DNA on it to tie it to him. Otherwise it could have been fired before the shooting and is not related to this case. JMO.

 

[SteveS]

So far no proof of guns on or gunfire from other people.

Yes, so far no proof of "guns on" or "gunfire from" other people. We just have what GK said.

And no proof of "no guns on" and "no gunfire from" other people, either. We just have what 1 or 2 of them <modsnip> said.

 

[Deleted member 39678]

I've been looking at second degree murder in Arizona and found a possible defense that fits my feelings on this case at this time. Quote from an Arizona law firm below.

Weak Evidence​

If the prosecutor's evidence against you is weak, you can use it as a defense to fight your charges. The arresting officers do not always carry out a proper investigation. Most of the time, police neglect to follow up on crucial information. The experts that the prosecutors hire in the areas of D.N.A. analysis, ballistics, forensic toxicology, or crime scene investigations and reconstruction may involve faulty methods. The prosecutor’s witnesses might be biased or confused about what they saw. The law requires the prosecutor to prove beyond reasonable doubt that you committed the said offense. If the prosecutor does not have enough evidence to prove his or her allegations against you, you can use it as a means of fighting your 2nd-degree murder charges.

Arizona 2nd Degree Murder Laws and Penalties | Phoenix Criminal Attorney

EXPERIENCED CRIMINAL DEFENSE ATTORNEY - CALL FOR A FREE CRIMINAL DEFENSE CONSULTATION TODAY.

www.phxcrimeattorney.com

 

[Eli9]

I am hoping there is more proof than a changing story. There has to be something to tie the body to Kelly's armaments or the whole thing is just a tragic spectacle. Obviously, I know.

BBM For whatever reason I'm kind of hung up on that part. This was a swift arrest occurring on 1/31/2023 for first degree murder. At that point BPA had 3 telephone conversations, 1 voicemail, 1 search warrant that began just after midnight and extended into the early hours of 1/31/2023. After re-listening to the testimony of Detective Jorge Ainza (Santa Cruz County Sheriff) I am left wondering which statements or inconsistencies led him to arrest on 1st degree murder. At the time of GK's arrest they had only recovered one spent shell casing not the 8 others.

Detective Ainza stated that he arrested GK based on the totality of circumstances. He says he consulted with someone but doesn't indicate who but that he made the decision on the charge of 1st degree murder (which involves premeditation). Detective Ainza states the probable cause was the pre-statement from Agent Morsel while conducting the probable cause statement of the warrant and GK's inconsistencies(most of that statement is what Detective Ainza on the stand). When asked to describe the inconsistencies he says that GK first denied he shot, GK's recollection of either 5 people or 10 people or 15 people and his shooting over them not knowing if he zeroed in on them.

What I'm wondering is if GK's past behavior, temperament or statements, if any, had any bearing on the decision to charge him on 1/31/2023 because at this point in the investigation if there was some kind of smoking gun moment it wasn't presented when asked about it. JMO

 

[NuttMegg]

BBM For whatever reason I'm kind of hung up on that part. This was a swift arrest occurring on 1/31/2023 for first degree murder. At that point BPA had 3 telephone conversations, 1 voicemail, 1 search warrant that began just after midnight and extended into the early hours of 1/31/2023. After re-listening to the testimony of Detective Jorge Ainza (Santa Cruz County Sheriff) I am left wondering which statements or inconsistencies led him to arrest on 1st degree murder. At the time of GK's arrest they had only recovered one spent shell casing not the 8 others.

Detective Ainza stated that he arrested GK based on the totality of circumstances. He says he consulted with someone but doesn't indicate who but that he made the decision on the charge of 1st degree murder (which involves premeditation). Detective Ainza states the probable cause was the pre-statement from Agent Morsel while conducting the probable cause statement of the warrant and GK's inconsistencies(most of that statement is what Detective Ainza on the stand). When asked to describe the inconsistencies he says that GK first denied he shot, GK's recollection of either 5 people or 10 people or 15 people and his shooting over them not knowing if he zeroed in on them.

What I'm wondering is if GK's past behavior, temperament or statements, if any, had any bearing on the decision to charge him on 1/31/2023 because at this point in the investigation if there was some kind of smoking gun moment it wasn't presented when asked about it. JMO

IDK, I just fall back on the prosecuting atty's statement that she was not releasing everything.

Also I wonder if the stories of the husband and wife matched up, if they talked to the wife right away.

Maybe by some miracle the bullet from that one casing was found embedded in a log underneath the victim.

Honestly you are more on top of the detail than I am.

 

[rsd1200]

I think your EDIT intended to cover this, but just to be clear, Willow Cross Circle is the current address of the Kelly’s Vermillion Mountain Ranch, not a former address.

Both addresses are for the same location. The main thing I was pointing out, is that from what I can see, he owns the entire property. This part of E. Sagebrush/Willow Circle is more or less a private driveway. I had included the previous pic of the map w/the former street name, just to document that Willow Cross Cir did exist. The road Willow Cross Cir., aka/ E Sagebrush, dead ends at Mr. K's stock barn.

He purchased all the land surrounding the end of the road, but his development plans sunk. The lack of stable electricity resources may have played a partial role in its failure to come to fruition. IDK if Mr. K changed the street name himself or just rolled with it due to the county changing the name in a new plat. He'd asked Kino Springs to help him have the plat redone for his type of venture but I don't think that it happened.


Mr. K had previously lived in Elgin, AZ before building the home on the ranch, in 2008. It shows on this listing, as 500 Willow Circle, the plots for street/building expansion can be seen in the county's area. I think this was a hope of the county due to a population surge in part of the early 2000s (which may have factored into Mr. K buying the property).

He put up 120 acres in the 500 Willow Circle listing. Unimproved property with an excellent well with pump & well house & septic system designed for a 6,000 sq foot lodge. (Plans available). Electricity is nearby but ideal setup for 100% solar. No HOA.

500 Willow Cross Cir, Nogales, AZ 85621 | Zillow

500 Willow Cross Cir, Nogales AZ. The Rent Zestimate for this property is $1,646/mo, which has increased by $1,646/mo in the last 30 days.

www.zillow.com

This listing below, states the address is 200 Willow Cross Circle: Vermilion Mountain Ranch includes 170 +/- acres. The ranch is very quiet, peaceful & extremely private at the end of the road bordering thousands of acres of the Coronado National Forest and the Patagonia Mountains to the east. Owners are currently running a cow/calf operation. Impeccably maintained 3 bedroom, 3 bath Santa Fe home, 2 excellent wells, electric, 2 septic systems, corrals and a versatile 2,400 sf barn.

200 Willow Cross Cir, Nogales, AZ 85621 | Zillow

200 Willow Cross Cir, Nogales AZ, is a Single Family home that contains 2455 sq ft and was built in 2008.It contains 3 bedrooms and 3 bathrooms. The Rent Zestimate for this Single Family is $2,642/mo, which has increased by $2,642/mo in the last 30 days.

www.zillow.com

 

[NuttMegg]

Both addresses are for the same location. The main thing I was pointing out, is that from what I can see, he owns the entire property. This part of E. Sagebrush/Willow Circle is more or less a private driveway. I had included the previous pic of the map w/the former street name, just to document that Willow Cross Cir did exist. The road Willow Cross Cir., aka/ E Sagebrush, dead ends at Mr. K's stock barn.

He purchased all the land surrounding the end of the road, but his development plans sunk. The lack of stable electricity resources may have played a partial role in its failure to come to fruition. IDK if Mr. K changed the street name himself or just rolled with it due to the county changing the name in a new plat. He'd asked Kino Springs to help him have the plat redone for his type of venture but I don't think that it happened.


Mr. K had previously lived in Elgin, AZ before building the home on the ranch, in 2008. It shows on this listing, as 500 Willow Circle, the plots for street/building expansion can be seen in the county's area. I think this was a hope of the county due to a population surge in part of the early 2000s (which may have factored into Mr. K buying the property).

He put up 120 acres in the 500 Willow Circle listing. Unimproved property with an excellent well with pump & well house & septic system designed for a 6,000 sq foot lodge. (Plans available). Electricity is nearby but ideal setup for 100% solar. No HOA.

500 Willow Cross Cir, Nogales, AZ 85621 | Zillow

500 Willow Cross Cir, Nogales AZ. The Rent Zestimate for this property is $1,646/mo, which has increased by $1,646/mo in the last 30 days.

www.zillow.com

View attachment 406596

This listing below, states the address is 200 Willow Cross Circle: Vermilion Mountain Ranch includes 170 +/- acres. The ranch is very quiet, peaceful & extremely private at the end of the road bordering thousands of acres of the Coronado National Forest and the Patagonia Mountains to the east. Owners are currently running a cow/calf operation. Impeccably maintained 3 bedroom, 3 bath Santa Fe home, 2 excellent wells, electric, 2 septic systems, corrals and a versatile 2,400 sf barn.

200 Willow Cross Cir, Nogales, AZ 85621 | Zillow

200 Willow Cross Cir, Nogales AZ, is a Single Family home that contains 2455 sq ft and was built in 2008.It contains 3 bedrooms and 3 bathrooms. The Rent Zestimate for this Single Family is $2,642/mo, which has increased by $2,642/mo in the last 30 days.

www.zillow.com

Did you notice the house listing is "off market"? Says on all the pics too. I didn't pay a lot of attention before, but I don't remember seeing those words on the pics, previously.

 

[Eli9]

Both addresses are for the same location. The main thing I was pointing out, is that from what I can see, he owns the entire property. This part of E. Sagebrush/Willow Circle is more or less a private driveway. I had included the previous pic of the map w/the former street name, just to document that Willow Cross Cir did exist. The road Willow Cross Cir., aka/ E Sagebrush, dead ends at Mr. K's stock barn.

He purchased all the land surrounding the end of the road, but his development plans sunk. The lack of stable electricity resources may have played a partial role in its failure to come to fruition. IDK if Mr. K changed the street name himself or just rolled with it due to the county changing the name in a new plat. He'd asked Kino Springs to help him have the plat redone for his type of venture but I don't think that it happened.


Mr. K had previously lived in Elgin, AZ before building the home on the ranch, in 2008. It shows on this listing, as 500 Willow Circle, the plots for street/building expansion can be seen in the county's area. I think this was a hope of the county due to a population surge in part of the early 2000s (which may have factored into Mr. K buying the property).

He put up 120 acres in the 500 Willow Circle listing. Unimproved property with an excellent well with pump & well house & septic system designed for a 6,000 sq foot lodge. (Plans available). Electricity is nearby but ideal setup for 100% solar. No HOA.

500 Willow Cross Cir, Nogales, AZ 85621 | Zillow

500 Willow Cross Cir, Nogales AZ. The Rent Zestimate for this property is $1,646/mo, which has increased by $1,646/mo in the last 30 days.

www.zillow.com

View attachment 406596

This listing below, states the address is 200 Willow Cross Circle: Vermilion Mountain Ranch includes 170 +/- acres. The ranch is very quiet, peaceful & extremely private at the end of the road bordering thousands of acres of the Coronado National Forest and the Patagonia Mountains to the east. Owners are currently running a cow/calf operation. Impeccably maintained 3 bedroom, 3 bath Santa Fe home, 2 excellent wells, electric, 2 septic systems, corrals and a versatile 2,400 sf barn.

200 Willow Cross Cir, Nogales, AZ 85621 | Zillow

200 Willow Cross Cir, Nogales AZ, is a Single Family home that contains 2455 sq ft and was built in 2008.It contains 3 bedrooms and 3 bathrooms. The Rent Zestimate for this Single Family is $2,642/mo, which has increased by $2,642/mo in the last 30 days.

www.zillow.com

excellent post and research, thank you for that.

 

[rsd1200]

.

Did you notice the house listing is "off market"? Says on all the pics too. I didn't pay a lot of attention before, but I don't remember seeing those words on the pics, previously.

Yeah, I don't think that showed up before either. I remember noting that it was for sale and thinking that he'd likely have an even harder time selling it now (or harder for his wife, if he's convicted). Without electricity available on much of his place, it doesn't make selling it any easier either.

 

[WingsOverTX]

BBM For whatever reason I'm kind of hung up on that part. This was a swift arrest occurring on 1/31/2023 for first degree murder. At that point BPA had 3 telephone conversations, 1 voicemail, 1 search warrant that began just after midnight and extended into the early hours of 1/31/2023. After re-listening to the testimony of Detective Jorge Ainza (Santa Cruz County Sheriff) I am left wondering which statements or inconsistencies led him to arrest on 1st degree murder. At the time of GK's arrest they had only recovered one spent shell casing not the 8 others.

Detective Ainza stated that he arrested GK based on the totality of circumstances. He says he consulted with someone but doesn't indicate who but that he made the decision on the charge of 1st degree murder (which involves premeditation). Detective Ainza states the probable cause was the pre-statement from Agent Morsel while conducting the probable cause statement of the warrant and GK's inconsistencies(most of that statement is what Detective Ainza on the stand). When asked to describe the inconsistencies he says that GK first denied he shot, GK's recollection of either 5 people or 10 people or 15 people and his shooting over them not knowing if he zeroed in on them.

What I'm wondering is if GK's past behavior, temperament or statements, if any, had any bearing on the decision to charge him on 1/31/2023 because at this point in the investigation if there was some kind of smoking gun moment it wasn't presented when asked about it. JMO

Something big was going down in & around GK's land if 30+ calls to BP by him in January 2023 are factual IMO.

I'd like to know if that month stands out from other months in previous years. What changed, if anything? Did GK do something in that month that caused the "detective" to zero in on him as a murderer?

I'm not suggesting GK did anything that would justify the prosecution's actions but it seems like maybe they want to use him as an example for some reason or are responding hastily & harshly for a reason unrelated to this specific incident.

Where there's smoke, there's fire, as the saying goes. We might need an investigation of the investigators here.

Just my 2 cents with inflation depreciation!

 

[Lilibet]

Did you notice the house listing is "off market"? Says on all the pics too. I didn't pay a lot of attention before, but I don't remember seeing those words on the pics, previously.

Zillow and others say off market, but the links from the company I’ve posted previously show it still for sale. I’ll check and see what it says.

ETA: Still for sale with AZ companies.

170 acres

Vermilion Mountain Ranch, Farm for Sale in Arizona, #135503 : FARMFLIP

Vermilion Mountain Ranch. View this farm for sale with 169 acres by Nogales in Santa Cruz County, Arizona 85621. Contact Robert Mills of First United Realty to learn more about this farm. FARMFLIP #135503

www.farmflip.com

VERMILION MOUNTAIN RANCH

Vermilion Mountain Ranch is a must see property. This absolutely beautiful ranch includes 169.5 +/- acres of native grass lands with varied terrain and vegetation. It is a very picturesque setting wit

www.land.com

120 acres

PERFECTLY PRIVATE 80 ACRES

Versatile approximately 2,400 square foot insulated metal barn/building located on 120 stunning acres of lush rolling hills bordering a half mile of Coronado National Forest & other large ranches. Hug

www.landwatch.com

500 Willow Cross Circle #-, Nogales, AZ 85621 - MLS 22228422 - Coldwell Banker

For Sale - 500 Willow Cross Circle #-, Nogales, AZ - $750,000. View details, map and photos of this lots/land property with 0 bedrooms and 0 total baths. MLS# 22228422.

www.coldwellbankerhomes.com

80 acres

Perfectly Private 80 Acres, Farm for Sale in Arizona, #336795 : FARMFLIP

Perfectly Private 80 Acres. View this farm for sale with 80 acres by Nogales in Santa Cruz County, Arizona 85621. Contact Robert Mills of First United Realty to learn more about this farm. FARMFLIP #336795

www.farmflip.com

 

[WingsOverTX]

.

Yeah, I don't think that showed up before either. I remember noting that it was for sale and thinking that he'd likely have an even harder time selling it now (or harder for his wife, if he's convicted). Without electricity available on much of his place, it doesn't make selling it any easier either.

It has electricity. He waited a year for the deal to progress & when it didn't, he paid to run electric to his home at least. Once you have a main connection, it's cheaper & easy to run to other places on a property. Only the proximity to the border is holding back a sale. At GK's age, he could live out his remaining time on earth without selling (maybe use a reverse mortgage?) but safety is still an issue.
IIRC, MOO

 

[rsd1200]

.

excellent post and research, thank you for that.

Thanks, I'm glad it was helpful. I've really tried to look at all angles of this. If the guy was out in the back 40 just hiking through, and he shot him in the back when he turned to leave, I'd have little trouble saying Mr. K is probably guilty. At 74 if he hadn't been harm to others, prior to this, I'm leaning toward the guy actually being afraid and standing his ground on his property. IF it was even his bullet that caused the death. That man could not have drug a body around hiding it from place to place and still be out checking on his horse. I do think he heard gunfire. It may not have been intended for him though. Yes, guides leave folks stranded, but it's a very convenient time for the guide to go missing, and GCB is dead in the dirt. Guides are usually connected to some pretty harsh folks and can be pretty harsh themselves.

 

[Eli9]

.

Thanks, I'm glad it was helpful. I've really tried to look at all angles of this. If the guy was out in the back 40 just hiking through, and he shot him in the back when he turned to leave, I'd have little trouble saying Mr. K is probably guilty. At 74 if he hadn't been harm to others, prior to this, I'm leaning toward the guy actually being afraid and standing his ground on his property. IF it was even his bullet that caused the death. That man could not have drug a body around hiding it from place to place and still be out checking on his horse. I do think he heard gunfire. It may not have been intended for him though. Yes, guides leave folks stranded, but it's a very convenient time for the guide to go missing, and GCB is dead in the dirt. Guides are usually connected to some pretty harsh folks and can be pretty harsh themselves.

The second witness RAF or RAFG (as he has two last names) was interviewed and the interviewer stated at the preliminary hearing that GCB was the guide and that RAFG was helping GCB by bringing up the rear. Honestly IDK the witness' testimony and other testimony is so all over the place I might just give up on trying to keep it all together.

 

[Eli9]

Something big was going down in & around GK's land if 30+ calls to BP by him in January 2023 are factual IMO.

I'd like to know if that month stands out from other months in previous years. What changed, if anything? Did GK do something in that month that caused the "detective" to zero in on him as a murderer?

I'm not suggesting GK did anything that would justify the prosecution's actions but it seems like maybe they want to use him as an example for some reason or are responding hastily & harshly for a reason unrelated to this specific incident.

Where there's smoke, there's fire, as the saying goes. We might need an investigation of the investigators here.

Just my 2 cents with inflation depreciation!

Recalling directly from my notes of the preliminary hearing last week Detective Ainza tells the court that both Agent Dugan (Dugane?) and Agent Lieugan (phonetically Layugan sorry no spelling assist during the hearing) whom he interviewed indicated that both Agents have been in the area of GK ranch and encountered armed people both with hand guns and rifles and that the area is a high crime area "especially recently" with increased drug trafficking usually done by mules and usually carrying large backpacks. Agent Lieugan is said to have reported that drug traffickers carry guns not to deal with Law Enforcement but to deal with opposite cartels. He also said people cross through GK's property all the times as well as through much of Kino Springs. MOO