Wednesday, April 24, 2024

Mistrial for Border Rancher Accused of Shooting Illegal Immigrant

The circumstances of U.S. Border Patrol agent Rogelio Martinez's death this week remain murkier than the Rio Grande River.
Mistrial for Border Rancher Accused of Shooting Illegal Immigrant

Border rancher George Allen Kelly, 75 years old, was on trial, charged with the death of an illegal alien who had been deported numerous times. The body of Gabriel Cuen Buitimea (48) had been found in the mesquite about 115 yards from the rural home of George Allen Kelly and his wife, Wanda. The husband and wife had retired to Arizona in 2002 after careers as a state fisheries biologist and a school teacher in Lincoln, Montana.

On January 30, 2023, George Allen Kelly called Border Patrol and said he heard a shot and that he might have to return fire. Investigators come out. They don’t find anything. Late in the evening, Kelly finds the body of Gabriel Cuen Buitimea about 115 yards from the house. He calls Border Patrol again. The authorities investigate. They put the body in a freezer. Because the authorities put the body in a freezer, the exact time of death could not be determined by the medical examiner.

There was no ballistic evidence to connect Kelly’s rifle to the body. Several spent shell casings were found on the Kelly’s porch.  No bullet was ever recovered. Butimea’s body was wearing tactical boots, tan pants, a hoodie sweatshirt, and a camouflage top. He had a two-way radio in one pocket. A picture on his phone, in those clothes, showed him with binoculars, but no binoculars were found with the body.

One of the detectives investigating the case went to Mexico to interview a person who claimed to be with Buitemea at the time he was shot and killed.  Daniel Ruiz Ramirez, shown on a court evidence slide as being from Honduras, was a key witness for the prosecution.

Both Daniel Ruiz Ramirez (Varela) and Gabriel Cuen Buitimea had long records of illegal border crossings.  His testimony had several inconsistencies, conducted through a translator.  Ramirez has been reported as an Honduran citizen and as a citizen of Ecuador in different media reports.  Ruiz spoke at the trial through interpreters.

Investigators found texts sent between Kelly and a friend which showed Kelly’s frustration with all the illegal activity he was having to deal with. Some of the texts implied a willingness to use his rifle.

When the county prosecutor decided to charge Kelly with first-degree murder, the case went viral. As evidence accumulated, the prosecution reduced the charge to second-degree murder.

Several GoFundMe accounts were started. GoFundMe removed a number that took down the fundraisers set to aid George Allen Kelly.

Fox News Digital confirmed that GoFundMe removed multiple fundraisers set up to help 73-year-old George Alan Kelly.

GiveSendGo has proved to be less political and more reliable than GoFundMe, which defunded both Kyle Rittenhouse and the Canadian trucker. Here is the statement at the Give SendGo fundraising site. From GiveSendGo.com:

My name is Wanda Correll Kelly.  George Alan Kelly (I call him “Alan”) is my husband of 53 years.  Alan is a man devoted to his family, animals, and home.  In his 75 years, he has been an upstanding member of his community and, more importantly, a rock to our family.  He is a humble person with simple needs.  He likes socks.  He is an animal lover.   Alan and I are living a nightmare.  He has been accused of a serious crime, killing a Cartel member on our property and he is innocent.  We are private people and are horrified about some of things being said about him in the media. We need funds for his legal defense and other related expenses that have arisen as a result of this terrible situation.  Please help keep Alan home with me.

From spotfund.com:

GOFUNDME has taken down all fundraising sites for George.  I chose Spotfund as they allow freedom of speech.

As the trial proceeded, what Kelly told investigators and what the words meant were disputed. It appears some of Kelly’s statements were contradictory.

The Epoch Times reports a defense attorney said one juror was a hold out for conviction, and could not be persuaded, resulting in a hung jury.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten



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