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Rancher George Kelly’s Defense Lawyer Speaks Out

George Alan Kelly’s defense attorney Kathy Lowthorp spoke with the media after a judge declared a mistrial in the rancher’s murder case.

A status hearing will be held on Monday where the Santa Cruz County Attorney will decide if George Kelly will face a retrial.

Lowthorp said it was 7 to 1 for a not guilty verdict — One juror thought Kelly was guilty of second-degree murder (or lesser charges to include negligent homicide and manslaughter).

“There was one holdout,” Lowthorp told the press after she walked out of court.

George Kelly was spotted walking out of court Monday evening after the judge declared a mistrial.

“It is what it is and it will be what it will be,” Kelly told reporters. “Let me go home, okay?”


Judge Thomas Fink on Monday declared a mistrial after an Arizona jury was unable to reach a unanimous verdict in the murder trial for Arizona rancher George Alan Kelly.

Jurors deliberated last Thursday and were unable to reach a verdict. Deliberations continued on Friday and after more than 7 hours the jury sent a note to the judge and informed him they could not reach a verdict. The judge finally declared a mistrial on Monday after the jury was deadlocked again.

Kelly, 75, was arrested for killing Gabriel Cuen-Butimea, on his Arizona ranch in Kino Springs just outside of Nogales, Mexico on January 30, 2023.

According to reports, Gabriel Cuen-Butimea has a history of illegally crossing into the United States and multiple deportations.

According to the defense lawyers, Mr. Kelly fired warning shots after he saw a group of men dressed in camouflaged clothing point an AK-47 right at him.

The rancher later discovered the deceased illegal alien, who is likely a cartel smuggler, when he went to go check on his horse.

The bullet that killed Gabriel Cuen-Butimea was never recovered so authorities were never able to conduct a ballistics test to see if it matched George Kelly’s AK-47.

Kelly’s defense attorneys argued cartel bandits shot and killed Gabriel Cuen-Butimea and robbed him.

  • Pedro says:

    Nobody should be prosecuted for shooting illegal alien trespassers. Fact is it should be your duty as an American. It’s an invasion and they brake our laws day one of crossing the border and then we are made to take care of them. We can fix this ourselves or stop paying taxes

  • Scurvydog says:

    The Mexican Consulate can go butt a stump! Mexicans are invading our country by the millions, and nary a word from the Mexican Consulate about that. Leave Mr. Kelly alone. He was protecting his land from armed invaders intent on violating our law. Kelly is a hero, and should be given hero status instead of persecution by the state of Arizona! Shame on Arizona!

  • A. Michaels says:

    The guy deserves a medal. We should all follow his lead. The criminals here are the invaders and the people who protect and enable them.

    • Snickers says:

      100% on point my friend, I feel the EXACT same way you do. They are the ENEMY and they are INVADING OUR COUNTRY! We the people have the right to protect ourselves from these, and ALL terrorists! I say LOCK AND LOAD!!!

  • J says:

    Wanna take bets on who the holdout was?

  • Fil Card says:

    Sounds like another witch hunt by the Soro’s Democrat Party. There is no criminal case against this rancher because the bullet was never recovered, so there is no proof that is was fired from the rancher’s AK-47. Prayers for this rancher!!!



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