AZ: Prosecutors: No Retrial for Border Rancher, George Allen Kelly (video)

 Kelly Residence, about 150 yards from the border with Mexico, image from Zillow

On April 29, 2024, Fox News reported Prosecutors in Santa Cruz County, Arizona, would not re-try border rancher George Allen Kelly.  The Fox report has since been verified. From Fox News. com:

George Alan Kelly, the Arizona rancher charged with murder in the shooting of a Mexican national on his border property, will not be retried, prosecutors with the Santa Cruz County Attorney’s office said.

Kelly underwent a lengthy accusation, arrest, and trial process stretching out for nearly a year and a half. At the end, the local jury could not agree on a verdict. This created a mistrial, and the possibility Kelly can be tried again. The eight person jury had one hold out which refused to acquit Kelly. On April 23, the judge declared a mistrial.   From courttv.com:

At about 2:00pm local time the 8-person jury declared they were at an impasse, but the judge asked them to continue deliberating and gave them the option of breaking early for the day.

In Arizona, in criminal cases where the penalty does not exceed thirty years in jail, the size of the jury has been set by the legislature at eight.  From AZleg.gov, size of jury:

A. A jury for trial of a criminal case in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons, and the concurrence of all shall be necessary to render a verdict.

B. A jury for trial in any court of record of any other criminal case shall consist of eight persons, and the concurrence of all shall be necessary to render a verdict.

Kelly gave an exclusive interview on youtube, explaining his state of mind. From the video:

We still live in the same place. We are still faced with the same threats. The border is still where it is at. The cartel is still active. They know where I live. They got guns. They kill people, all the time, on both sides.

Analysis:

Because George Allen Kelly had a mistrial and not an acquittal, he faces the potential of a retrial.  The current crop of prosecutors in Santa Cruz County have said they will not re-try him. They cannot bind the actions of future prosecutors. It is entirely possible a future prosecutor, perhaps who was aided in their election by Soros or Cartel money, could re-try George Allen Kelly 10 years from now. There is no statute of limitations on murder. The Kellys have paid a heavy price in punishment by process. They have exhausted their life savings in paying for the defense, in spite of generous help at GiveSendGo.

This case can be laid directly at the feet of the Biden Administration. Since the day President Biden took office, his administration has done everything they can to open the border, suppress border enforcement, and encourage millions of illegal immigrants enter the USA without vetting.  President Biden immediately halted construction of the Trump border wall, which was nearing completion. President Biden retracted the executive orders by President Trump which had been so effective in getting the border under control. The Biden administration paid contractors of the border wall more to stop construction of the wall than it was costing to build the wall.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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