MISTRIAL AZ - Gabriel Cuen-Buitimea, shot and killed with AK-47, rancher George Alan Kelly charged, Kino Springs, Jan 2023 #2

[Eli9]

Mexico to sue Arizona rancher accused of fatally shooting migrant—attorney

George Alan Kelly faces a potential lawsuit over the fatal shooting of Gabriel Cuen-Buitimea.

www.newsweek.com

Ugh

 

[shotgun09]

Ugh

I $mell cartel.....
I have a sensitive nose....

 

[Cryptic]

I $mell cartel.....
I have a sensitive nose....

Its probably not cartel. Rather, its pre existing Mexican government policy. The Mexican government has a history of pursuing various causes via types of lawsuits in US civil courts that Mexican courts would quickly reject.

 

[PrairieWind]

Mexico to sue Arizona rancher accused of fatally shooting migrant—attorney

George Alan Kelly faces a potential lawsuit over the fatal shooting of Gabriel Cuen-Buitimea.

www.newsweek.com

That is just ridiculous. First, the State Department needs to be stepping up to talk to Mexico. Second, I'd like to see how this family is procedurally going to do this. But if they do, Kelly needs to counter-claim against them and consider adding Mexico as a 3rd Party Defendant. Normally a foreign nation has immunity but its involvement here (especially if they are directly involved in the Buitimea suit) could waive that immunity. It would certainly move the case to federal court and potentially open the door to exploring Mexico's interference in the case.

 

[fred&edna]

That is just ridiculous. First, the State Department needs to be stepping up to talk to Mexico. Second, I'd like to see how this family is procedurally going to do this. But if they do, Kelly needs to counter-claim against them and consider adding Mexico as a 3rd Party Defendant. Normally a foreign nation has immunity but its involvement here (especially if they are directly involved in the Buitimea suit) could waive that immunity. It would certainly move the case to federal court and potentially open the door to exploring Mexico's interference in the case.

There are some very ridiculous people involved and absolutely nothing surprises me any longer.

Bringing charges against Mr Kelly was ridiculous but we watched it happen... while he and his family endured it.

jmo

 

[PrairieWind]

There are some very ridiculous people involved and absolutely nothing surprises me any longer.

Bringing charges against Mr Kelly was ridiculous but we watched it happen... while he and his family endured it.

jmo

Hopefully there won't be a lawsuit, but we will see. It won't be easy for the plaintiffs. But I also don't think it unreasonable for Kelly to ask for his own government for assistance.

 

[shotgun09]

Hopefully there won't be a lawsuit, but we will see. It won't be easy for the plaintiffs. But I also don't think it unreasonable for Kelly to ask for his own government for assistance.

Unreasonable? No. But, highly unlikely since the very same government tried to convict him. They are not going to 'help' him with anything. MOO

 

[imstilla.grandma]

https://twitter.com/x/status/1785874149279179207

 

[PrairieWind]

Unreasonable? No. But, highly unlikely since the very same government tried to convict him. They are not going to 'help' him with anything. MOO

The County prosecuted him in the name of the State. The US State Department should be stepping up at this point to address the Mexican governments comments at this point.

 

[neesaki]

Mexico to sue Arizona rancher accused of fatally shooting migrant—attorney

George Alan Kelly faces a potential lawsuit over the fatal shooting of Gabriel Cuen-Buitimea.

www.newsweek.com

The audacity. We should be suing Mexico for the criminal cartel and the deadly drugs they transport in, human trafficking, etc. Why isn’t that government doing more to. This entire situation would never have happened if that man hadn’t entered illegally so many times. They make my blood boil.

ETA: Apologies if I’m misremembering, but wasn’t he deported many times?

 

[fred&edna]

An article from April 23 2024

Rather than steer away from the physical evidence, Larkin embraced it, arguing it will never prove who killed Mexican national Gabriel Cuen-Buitimea.

In borderlands that have become the Wild West, there can be many explanations for why someone is shot, she suggested, and no bullet was recovered that could directly tie Kelly to the shooting.

After a mistrial, it'll be much tougher to convict rancher George Kelly of murder

Opinion: George Alan Kelly has two factors in his favor, now that a jury has deadlocked on whether the Arizona rancher murdered a Mexican migrant.

www.azcentral.com

From the physical evidence provided during trial there was NO proof Buitimea was shot by an AK-47 NOR was it Kelly who killed him.

The entire jury (except for one who wanted to convict Kelly of lesser charges) AGREED that there was NO evidence proving Kelly was Buitimea's killer.

I have no idea why these words and the final decision are difficult for some to understand.


jmo

 

[Florida_marlin]

Many thanks to the Admins

 

[Missing Susan]

Many thanks to the Admins

If no round was found, how was he "shot and killed with an aK-47"?

I remember the op was one of many who joined ws for the idaho mass stabbings. "former member"

 

[Cool Cats]

A judge will mull whether an Arizona border rancher can face a new murder trial after dismissal - Mon, June 3, 2024 at 6:36 PM EDT​

A judge will mull whether an Arizona border rancher can face a new murder trial after dismissal

The judge overseeing the case of an Arizona border rancher who was unsuccessfully tried in the fatal shooting of a Mexican man on his property said Monday he will mull whether to leave open the possibility of a new trial later. Santa Cruz County Superior Court Judge Thomas Fink said he would...

news.yahoo.com

Deputy County Attorney Kimberly Hunley said the prosecution supported dismissing the case now, but want the option to retry it if circumstances change. She asked that the case be dismissed without prejudice, which would mean it could be brought back to court.

“Unknown witnesses may come forward,” said Hunley. “Known witnesses in Mexico may become available.”

Kelly's defense attorney Brenna Larkin asked that the case to be dismissed with prejudice.

“It's not appropriate to let the state fish for other witnesses,” said Larkin. “The state was presented with an adequate opportunity to present its evidence.”

 

[fred&edna]

It's wayyyy beyond time for Hunley and the rest of them to leave Kelly alone.

jmo

 

[neesaki]

It's wayyyy beyond time for Hunley and the rest of them to leave Kelly alone.

jmo

Bullies.

 

[fred&edna]

Has Judge Fink made a decision? How long can he mull?

 

[shotgun09]

Has Judge Fink made a decision? How long can he mull?

I read a statement from Wanda Kelly at an un-named fund raising site. It appears per Wanda, that Judge has 60 days to come up with a decision. More stress and anxiety for the Kelly's I am afraid.

 

[fred&edna]

I read a statement from Wanda Kelly at an un-named fund raising site. It appears per Wanda, that Judge has 60 days to come up with a decision. More stress and anxiety for the Kelly's I am afraid.

Thank you! So sad for them.

 

[PrairieWind]

Arizona judge denies request for retrial against George Allan Kelly

The attorneys for George Allan Kelly said the case should be dismissed and the judge agreed, which means the case cannot be brought back to court after it ended in a mistrial back in April, with jurors unable to reach a unanimous verdict.

kyma.com

The Judge has ruled that Kelly cannot be retried. After the mistrial, the prosecutors had said they would not retry him but then later wanted to keep open the option to retry him. The Judge slammed the door and that. That would clearly would not be allowed, I am surprised the Prosecutor even proposed that.