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

[WingsOverTX]

Inquiring minds want to know what exactly LE is looking for in today's THIRD served search warrant of Mr Kelly's property. And, obviously what did they find, if anything. Curious...said skepticat.

Very curious

 

[evilwise]

They want that bullet

 

[WingsOverTX]

Does anyone else wonder how a Justice of the Peace is given power to bind over someone on a murder charge when that officer of the law is not a trained lawyer? What's up with JP's having so much power in county courts in AZ? Are other jurisdictions like this?

Perhaps I'm showing my ignorance here, but I find it very problematic. But IANAL

JMO

 

[shotgun09]

They want that bullet

They also need that bullet. Without it, there is nothing tying Mr Kelly to the death. Just fantastical stories and accusations. And, they know it. What IF...they find 'the bullet', and it doesn't match Kelly's ?

 

[WingsOverTX]

They also need that bullet. Without it, there is nothing tying Mr Kelly to the death. Just fantastical stories and accusations. And, they know it. What IF...they find 'the bullet', and it doesn't match Kelly's ?

Due to how much time has elapsed since the original evidence gathering, it's going to be credibility issue for LE no matter what they are now seeking or find. I'm sure GK's lawyer will protest.

This potential crime scene & a large area around it have remained unsecured, Mr. K has been back on his property for a week & they might still be looking for a "magic bullet"? Laughable, to say the least.
MOO

 

[evilwise]

They also need that bullet. Without it, there is nothing tying Mr Kelly to the death. Just fantastical stories and accusations. And, they know it. What IF...they find 'the bullet', and it doesn't match Kelly's ?

They'd to enter it into evidence to get ballistics on it so they wouldn't know if they should "lose" it until after it's (debatably) too late for that.

They could theoretically abuse their double blind though. Like, not submit the DNA until they have the ballistics back and if the bullet doesn't match Kelly's rifle never check if it was the bullet that struck the victim.

I liked to believe that we're all looking for the truth though.

 

[SteveS]

They also need that bullet. Without it, there is nothing tying Mr Kelly to the death. Just fantastical stories and accusations. And, they know it. What IF...they find 'the bullet', and it doesn't match Kelly's ?

I'm not expecting them to locate THE bullet that killed the man, which - to be an issue for Kelly - has to match BOTH Kelly's gun AND evidence of going through a body.

I think it's very possible that bullet of death walked to Mexico weeks ago.JMO.

 

[Deleted member 39678]

Due to how much time has elapsed since the original evidence gathering, it's going to be credibility issue for LE no matter what they are now seeking or find. I'm sure GK's lawyer will protest.

This potential crime scene & a large area around it have remained unsecured, Mr. K has been back on his property for a week & they might still be looking for a "magic bullet"? Laughable, to say the least.
MOO

The timing of finding a bullet after the defense has poked major holes in the State's case would make someone wonder about it.

The defense would bring up that fact during trial which could cause the jury to question why it was missed during the earlier search's. JMO.

 

[PrairieWind]

Due to how much time has elapsed since the original evidence gathering, it's going to be credibility issue for LE no matter what they are now seeking or find. I'm sure GK's lawyer will protest.

This potential crime scene & a large area around it have remained unsecured, Mr. K has been back on his property for a week & they might still be looking for a "magic bullet"? Laughable, to say the least.
MOO

They could be looking for other things as well, but like you, I think they are looking for the bullet. I wonder how much effort was made initially to find it? It could be anywhere. But finding a bullet may not help much. GK has probably fired lots of rounds around his property. So there are probably lots of bullets in the ground around there. Is any bullet found able to be traced to his rifle? Is it able to be matched to the deceased? I know dna can theoretically be obtained from a bullet, but can it be done in this case after sitting in the ground so long? Will any such evidence have much credibility at this point?

 

[shotgun09]

They could be looking for other things as well, but like you, I think they are looking for the bullet. I wonder how much effort was made initially to find it? It could be anywhere. But finding a bullet may not help much. AK has probably fired lots of rounds around his property. So there are probably lots of bullets in the ground around there. Is any bullet found able to be traced to his rifle? Is it able to be matched to the deceased? I know dna can theoretically be obtained from a bullet, but can it be done in this case after sitting in the ground so long? Will any such evidence have much credibility at this point?

It was stated by the charging Sheriff, that the first time they searched the property, ( and only one casing was found )..that the detectives and investigators " were tired" and "it was a long day". So, they did return the next day to find the additional 8 casings, which were found close to the home. It almost sounds like they were a lazy crew!! It makes me wonder how much ground area was searched on those initial visits.

 

[PriorTheCreator]

In our system, people have been put away on way less evidence.

 

[TeaTime]

Hope Kelly gets acquitted.

 

[cvaldez1975]

More obfuscation from the defense. Soon to be featured as a script for a western. IMO
Challenge to probable cause doc. dated 3 March 2023

​

Kelly-CR-Motion-new-PC.pdf

so no bullet found means no ballistics done. this case will be a sh show and political stunt thassit. MOO

ETA i think the same as Nuttmeg, i think he did it by accident but the investigation has been so shoddy he will get off.

 

[PrairieWind]

so no bullet found means no ballistics done. this case will be a sh show and political stunt thassit. MOO

ETA i think the same as Nuttmeg, i think he did it by accident but the investigation has been so shoddy he will get off.

I'm afraid you're right.

 

[SteveS]

i think he did it by accident but the investigation has been so shoddy he will get off.

The investigation has certainly been way too sparse, hasn't it? They have barely found enough to label Kelly as a likely suspect under the assumption he could have done something illegal - given they have no physical evidence to tie him to the shooting, and witnesses whose shifting stories conflict with each other, themselves, and the facts. This is an extreme rush to convict, slapping a murder charge on Kelly before they can even be sure they have the right shooter, much less the true circumstances of the shooting.

 

[cvaldez1975]

The investigation has certainly been way too sparse, hasn't it? They have barely found enough to label Kelly as a likely suspect under the assumption he could have done something illegal - given they have no physical evidence to tie him to the shooting, and witnesses whose shifting stories conflict with each other, themselves, and the facts. This is an extreme rush to convict, slapping a murder charge on Kelly before they can even be sure they have the right shooter, much less the true circumstances of the shooting.

its curious. because when LE does a bad investigation, DA doesnt usually file.

 

[JerseyGirl]

George Alan Kelly sent to trial-facing second degree murder charges

The George Alan Kelly case has been drawing attention since the end of January after a Mexican citizen was shot dead on his property.

www.kgun9.com

Judge Thomas Fink sent this case to trial, setting the date to September 6th of this year.

 

[PriorTheCreator]

The investigation has certainly been way too sparse, hasn't it? They have barely found enough to label Kelly as a likely suspect under the assumption he could have done something illegal - given they have no physical evidence to tie him to the shooting, and witnesses whose shifting stories conflict with each other, themselves, and the facts. This is an extreme rush to convict, slapping a murder charge on Kelly before they can even be sure they have the right shooter, much less the true circumstances of the shooting.

IMO They found plenty to label him as a suspect. Many are serving life sentences with less than this.
There is plenty facts that point to him, including his own admissions.
Of course I am removing all the theories that have no evidentiary facts.

 

[Laughing]

Does anyone else wonder how a Justice of the Peace is given power to bind over someone on a murder charge when that officer of the law is not a trained lawyer? What's up with JP's having so much power in county courts in AZ? Are other jurisdictions like this?

Perhaps I'm showing my ignorance here, but I find it very problematic. But IANAL

JMO

The Justice of the Peace system was set up long ago when the population was very sparse. Kind of like circuit riding preachers with religion, JPs gave the public access to the judicial system when there were few qualified judges available.

And, we've all watched a movie or two where a star-crossed young couple wake up the JP to marry them, with his wife & housekeeper serving as the witnesses.

Now why a JP has this level of power in 2023 -- IDK.

imho the system is in place in Arizona law, and it would take legislation to change that law and that just hasn't been a priority.

@AZlawyer may know more, not sure if they are still active?

 

[acutename]

The Justice of the Peace system was set up long ago when the population was very sparse. Kind of like circuit riding preachers with religion, JPs gave the public access to the judicial system when there were few qualified judges available.

And, we've all watched a movie or two where a star-crossed young couple wake up the JP to marry them, with his wife & housekeeper serving as the witnesses.

Now why a JP has this level of power in 2023 -- IDK.

imho the system is in place in Arizona law, and it would take legislation to change that law and that just hasn't been a priority.

@AZlawyer may know more, not sure if they are still active?

Justice of the Peace in AZ- must be over 18, an AZ voter and speak English. The Jof P Court is of limited jurisdiction:

"Justices of the peace operate in justice courts. These are limited-jurisidction courts that oversee small claims, evictions, orders of protection, traffic violations, drunken driving cases and other misdemeanors."

What is a justice of the peace in Arizona?

Justices of the peace serve in a different capacity from other judges. What are they and how do you become one?

www.azcentral.com

AZ Constitution, Article 32

View Document

www.azleg.gov

(believe that there was an issue of trying to require that justices all be attys- and there were none in rural areas- at least in 2004- and some long serving people would not be qualified- PROPOSITION 103) some one in AZ would have a better grasp IMO