The jury was unable to reach a verdict after deliberations on Friday and Monday, leading to their dismissal.
Kelly was charged with second-degree murder and aggravated assault in connection with the death of Gabriel Cuen-Buitimea, a 48-year-old illegal immigrant from Mexico. If convicted of the murder charge, Kelly faced a minimum sentence of ten years in prison. The incident in question took place on January 30, 2023, as per court records.
Prosecutors alleged that Kelly fired nine shots towards a group of illegal immigrants who were approximately 100 yards away on his cattle ranch in Nogales, near the U.S.-Mexico border. One of these shots allegedly resulted in Cuen-Buitimea's death. Cuen-Buitimea had been deported in 2016 after multiple illegal entries into the U.S.
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However, Kelly refuted these allegations, insisting that he had only fired warning shots into the air and had not aimed his firearm at anyone. This claim was documented in court records. The bullet that allegedly killed Cuen-Buitimea was never found, but investigators did locate nine shell casings on Kelly's porch.
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In her closing argument, Kelly's defense attorney, Brenna Larkin, urged the jury to acquit her client. She argued that Kelly "was in a life-or-death situation" and that he "was confronted with a threat right outside his home." She further stated that Kelly "would have been absolutely justified to use deadly force, but he did not."
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On the other hand, Prosecutor Mike Jette urged the jury to find Kelly guilty of either reckless manslaughter or negligent homicide if they chose not to convict him of second-degree murder.
During the trial, Kelly initially told Border Patrol agents that the illegal immigrants were too far away for him to determine if they were armed. However, he later informed a county sheriff's detective that the immigrants had been carrying firearms. Kelly's wife, Wanda, testified that she saw two men carrying weapons and backpacks passing by their ranch house on the day of the shooting. She denied hearing a gunshot that day, although her husband claimed to have heard one.
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As part of the trial proceedings, jurors visited Kelly's nearly 170-acre cattle ranch south of Nogales. The trial began on March 22, and the jury received the case on Thursday, with a judge ordering them to resume deliberations on Friday.
This incident occurs amidst an escalating crisis at the U.S. southern border. Since President Biden assumed office in 2021, over 7.2 million illegal immigrants have entered the U.S., marking an unprecedented surge in illegal immigration.