/ Modified apr 24, 2024 1:35 p.m.

Family of slain migrant still seeks justice after mistrial

The Mexican consul in Nogales says the family of a Mexican man killed on the property of Nogales rancher George Alan Kelly is still hoping for justice, after the case ended in a mistrial.

George Alan Kelly trial George Alan Kelly during opening statements, on March 22, 2024, at trial where he's being charged with second degree murder and aggravated assault.
Angela Gervasi / Nogales International

Consul Marcos Moreno Báez said the Mexican consulate will continue to support the family of Gabriel Cuen Buitimea.

“They will continue to seek justice, and we are confident that justice shall prevail in this case,” he said. “All the evidence was portrayed and it’s public,” he said.

“And that shows that there was a clear fact in which Mr. Cuen Buitimea was walking, unarmed, and was shot in the back by a high caliber weapon.”

Prosecutors in the case say that Kelly shot at Cuen Buitimea, without warning or provocation, as the undocumented migrant crossed his property.

A hearing next week will decide if there will be a retrial. Kelly talked with AZPM after the four-week trial ended Monday with a hung jury.

“Well of course I’d rather have a not guilty verdict, but other than that, it is what it is,” he said.

Defense attorneys said investigators were biased against Kelly and improperly handled the case, and because of that they'll probably never know who killed Cuen Buitimea.

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