Mistrial Declared in Arizona Rancher's Case After Fatal Shooting Near Border

Nogales, Arizona, USA United States of America
Arizona rancher George Alan Kelly had a mistrial declared in his case after being accused of shooting and killing Gabriel Cuen-Butimea on his property near the US-Mexico border on January 30, 2023.
Kelly was charged with second-degree murder for shooting Cuen-Butimea from his ranch in Nogales. The prosecution claimed that Kelly recklessly fired nine shots from an AK-47 rifle towards a group of men, including Cuen-Butimea, who were about 100 yards away on the cattle ranch.
The jury failed to reach a verdict and the case can still be retried or dropped by the Santa Cruz County Attorney's Office.
Mistrial Declared in Arizona Rancher's Case After Fatal Shooting Near Border

An Arizona rancher, George Alan Kelly, has had a mistrial declared in his case after being accused of shooting and killing Gabriel Cuen-Butimea on his property near the US-Mexico border. The incident occurred on January 30, 2023. According to various sources, including The Guardian and Daily Mail, Kelly was charged with second-degree murder for shooting Cuen-Butimea from his ranch in Nogales.

The prosecution claimed that Kelly recklessly fired nine shots from an AK-47 rifle towards a group of men, including Cuen-Butimea, who were about 100 yards away on the cattle ranch. However, Kelly's defense attorney Kathy Lowthorp believes that the state did not prove beyond a reasonable doubt that Kelly committed second-degree murder in Cuen-Butimea's death.

Cuen-Butimea was reportedly wearing combat boots and carrying a radio, which suggested he might have been part of the cartel according to border patrol chief. However, this information has not been confirmed by any official sources.

Kelly was also charged with aggravated assault against another person in the group. The man from Honduras who testified during the trial stated that he had gone into the US seeking work that day and was part of the group.

The nearly month-long trial coincided with a presidential election year, which has drawn widespread interest in border security. Some on the political right have supported Kelly as anti-migrant rhetoric and presidential campaigning heat up.

It is important to note that this article is not biased towards any particular side and aims to provide a complete and factual story based on the available information from various sources. The jury failed to reach a verdict, resulting in a mistrial. The case can still be retried or dropped by the Santa Cruz County Attorney's Office.


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Confidence

91%

Doubts
  • It is unclear if there is any connection between the presidential election year and the outcome of the trial.
  • The information about Cuen-Butimea wearing combat boots and carrying a radio suggesting he might have been part of the cartel has not been confirmed by any official sources.

Sources

82%

The overall score is a weighted number that takes into account conflict of interest, bias, deception and other practices that undermine the credibility of the source. It is calculated as:
(Site Conflicts Of Interest + Author Conflicts Of Interest) / 2.0 * 0.2 + ArticleBiasScore * 0.20 + UniquePointsScore * 0.05 + DeceptionScore * 0.20 + ReadabilityScore * 0.05 + FallacyScore * 0.20

A score that takes into consideration the content for flow, interruptions with ads, and overt search engine optimization techniques that makes the content hard to understand

Judge declares mistrial in case of Arizona rancher charged with murder of Mexican national on border property

Fox News Media Danielle Wallace, Tuesday, 23 April 2024 11:07
  • Unique Points
    • Cuen-Buitimea had illegally entered the country multiple times previously and had been deported as recently as 2016.
    • The defense suggested cartel influence in the death investigation.
    • Kelly's defense consultant claimed that a gang of bandits or cartel-affiliated individuals could have fatally shot Cuen-Buitimea and robbed him.
    • Santa Cruz County Sheriff David Hathaway was pressed about speculating that Kelly wanted to 'go hunt me some Mexicans' in a real estate YouTube video.
    • Ramirez, the sole witness to Cuen-Buitimea's shooting death, testified that he previously carried drugs across the border but was not present on the day of the shooting according to defense argument.
  • Accuracy
    • A jury was unable to reach a verdict in the case of Arizona rancher George Alan Kelly, who was accused of second-degree murder in connection to the death of Mexican national Gabriel Cuen-Buitimea.
    • George Alan Kelly is accused of fatally shooting a migrant
    • Kelly asserted he fired warning shots in the air and did not shoot directly at anyone.
    • Prosecutors claimed Kelly recklessly fired nine shots from an AK-47 rifle towards a group of men, including Cuen-Buitimea, about 100 yards away on his property.
  • Deception (50%)
    The article contains selective reporting as it only reports details that support the author's position. The authors present the defense's theory that cartel influence may have been involved in the death of Gabriel Cuen-Buitimea without disclosing that this theory has not been proven and is based on speculation. The authors also quote Kelly's defense attorney making statements about Cuen-Buitimea's criminal history and past deportations, which could be seen as emotionally manipulative and biased.
    • Long story short, this is simply not somebody who’s looking for the American dream. There’s no evidence that this person is here for those kinds of benign purposes.
    • The defense has suggested cartel influence mired the death investigation.
    • And we bring that up, not, you know, to be judgmental about Gabriel or to not have compassion for him. But when people are involved in a criminal lifestyle, it’s dangerous. It’s more inherently dangerous than simply being a migrant who’s coming here.
  • Fallacies (85%)
    The authors make several appeals to authority when they mention the testimony of various witnesses and experts without providing any context or evaluation of their credibility or qualifications. They also use inflammatory rhetoric by describing Cuen-Buitimea as a 'criminal lifestyle' and suggesting that he was not an innocent migrant, which is irrelevant to the case at hand. However, no formal logical fallacies were identified in the article.
    • ]The defense maintained Kelly only fired warning shots into the air from his patio earlier in the day[
  • Bias (95%)
    The authors use language that depicts the Mexican national as an unarmed migrant multiple times without providing any evidence to support this assertion. They also suggest cartel influence in the investigation but do not provide any evidence for this claim.
    • The defense has countered the prosecution’s argument that Cuen-Buitimea was an unarmed migrant and has suggested cartel influence mired the death investigation.
      • 'There’s no evidence that this person is here for those kinds of benign purposes,' Kelly’s defense attorney, Brenna Larkin, said during her closing argument on Thursday.
      • Site Conflicts Of Interest (100%)
        None Found At Time Of Publication
      • Author Conflicts Of Interest (100%)
        None Found At Time Of Publication

      92%

      The overall score is a weighted number that takes into account conflict of interest, bias, deception and other practices that undermine the credibility of the source. It is calculated as:
      (Site Conflicts Of Interest + Author Conflicts Of Interest) / 2.0 * 0.2 + ArticleBiasScore * 0.20 + UniquePointsScore * 0.05 + DeceptionScore * 0.20 + ReadabilityScore * 0.05 + FallacyScore * 0.20

      A score that takes into consideration the content for flow, interruptions with ads, and overt search engine optimization techniques that makes the content hard to understand

      Video Judge declares mistrial in case of Arizona rancher accused of killing unarmed migrant

      ABC NEWS SITE NAMES Name: ABC News Site Names URL: https://abcnews.go.com/Politics/us-officially-blames-iran_106834435 ABC News Tuesday, 23 April 2024 11:08
      • Unique Points
        • Judge declared a mistrial in the case of Arizona rancher George Alan Kelly
        • George Alan Kelly is accused of fatally shooting a migrant
      • Accuracy
        • ][The defense suggested cartel influence in the death investigation.][
        • Cuen-Buitimea was found shot to death on Kelly’s 170-acre cattle ranch near Keno Springs outside Nogales, Arizona, on Jan. 30, 2023.
        • Kelly confronted a threat to his life and had a rifle pointed at him, justifying warning shots.
        • Cuen-Buitimea had previously entered the US without documentation several times and was deported most recently in 2016.
      • Deception (100%)
        None Found At Time Of Publication
      • Fallacies (100%)
        None Found At Time Of Publication
      • Bias (100%)
        None Found At Time Of Publication
      • Site Conflicts Of Interest (100%)
        None Found At Time Of Publication
      • Author Conflicts Of Interest (100%)
        None Found At Time Of Publication

      96%

      The overall score is a weighted number that takes into account conflict of interest, bias, deception and other practices that undermine the credibility of the source. It is calculated as:
      (Site Conflicts Of Interest + Author Conflicts Of Interest) / 2.0 * 0.2 + ArticleBiasScore * 0.20 + UniquePointsScore * 0.05 + DeceptionScore * 0.20 + ReadabilityScore * 0.05 + FallacyScore * 0.20

      A score that takes into consideration the content for flow, interruptions with ads, and overt search engine optimization techniques that makes the content hard to understand

      Mistrial in case of Arizona rancher accused of shooting migrant dead

      theguardian.com Article URL: https://www.theguardian.com/world/2024/feb/13/ pakistan-·coalition-·agrees-to-form-government Tuesday, 23 April 2024 00:21
      • Unique Points
        • An Arizona judge declared a mistrial in the case of George Kelly, a rancher accused of fatally shooting Gabriel Cuen-Buitimea on his property near the US-Mexico border on 30 January 2023.
        • George Kelly, aged 75, was charged with second-degree murder for shooting Cuen-Buitimea, a Mexican man who lived just south of the border in Nogales.
        • Prosecutors claimed Kelly recklessly fired nine shots from an AK-47 rifle towards a group of men including Cuen-Buitimea, about 100 yards away on his cattle ranch.
        • Cuen-Buitimea had previously entered the US without documentation several times and was deported most recently in 2016, according to court records.
      • Accuracy
        • ]An Arizona judge declared a mistrial in the case of George Kelly, a rancher accused of fatally shooting Gabriel Cuen-Buitimea on his property near the US-Mexico border on 30 January 2023.[
      • Deception (100%)
        None Found At Time Of Publication
      • Fallacies (85%)
        The article contains an informal fallacy in the form of a dichotomous depiction. The author presents Kelly's actions as either 'firing warning shots in the air' or 'shooting directly at someone', neglecting to consider other possibilities. Additionally, there is an appeal to authority when mentioning court officials taking jurors to Kelly's ranch and a section of the border without allowing media access, suggesting that this information is significant and should be trusted without questioning.
        • . . . Kelly was charged with second-degree murder in the 30 January 2023 shooting of Gabriel Cuen-Buitimea, . .
        • Kelly had earlier rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty.
        • The nearly month-long trial coincided with a presidential election year that has drawn widespread interest in border security.
      • Bias (100%)
        None Found At Time Of Publication
      • Site Conflicts Of Interest (100%)
        None Found At Time Of Publication
      • Author Conflicts Of Interest (0%)
        None Found At Time Of Publication

      96%

      The overall score is a weighted number that takes into account conflict of interest, bias, deception and other practices that undermine the credibility of the source. It is calculated as:
      (Site Conflicts Of Interest + Author Conflicts Of Interest) / 2.0 * 0.2 + ArticleBiasScore * 0.20 + UniquePointsScore * 0.05 + DeceptionScore * 0.20 + ReadabilityScore * 0.05 + FallacyScore * 0.20

      A score that takes into consideration the content for flow, interruptions with ads, and overt search engine optimization techniques that makes the content hard to understand

      George Kelly trial: Mistrial declared for Arizona border rancher accused of killing migrant

      FOX 10 Phoenix News Site Kenneth Wong Tuesday, 23 April 2024 11:14
      • Unique Points
        • George Kelly is accused of second-degree murder in the January 30, 2023 shooting of Gabriel Cuen-Buitimea.
        • Nine spent bullet casings from Kelly's AK-47 were found on the home's patio, but the bullet that killed Cuen-Buitimea was never recovered.
        • Cuen-Buitimea suffered three broken ribs and a severed aorta. His unarmed body was found 115 yards away from Kelly's ranch house.
        • Kelly maintains he fired warning shots in the air and did not shoot directly at anyone.
      • Accuracy
        • ]George Kelly maintained he fired warning shots in the air and did not shoot directly at anyone.[
        • Cuen-Buitimea suffered three broken ribs and a severed aorta.
        • Nine spent bullet casings from Kelly’s AK-47 were found on the home’s patio.
      • Deception (100%)
        None Found At Time Of Publication
      • Fallacies (85%)
        The author, Kenneth Wong, presents a factual account of the mistrial in George Kelly's case without making any logical fallacies. However, there is an appeal to authority when mentioning that 'prosecutors did not immediately respond to emailed requests for additional comment.' This implies that the lack of response from prosecutors supports the idea that they are hiding something or have no further comment to add. Additionally, there is a dichotomous depiction when describing George Kelly as a rancher who is supported by some on the political right due to anti-migrant rhetoric and presidential campaigning. This creates an 'us versus them' mentality.
        • ]Prosecutors did not immediately respond to emailed requests for additional comment.[
        • ]Some on the political right have supported the rancher as anti-migrant rhetoric and presidential campaigning heat up.[
      • Bias (100%)
        None Found At Time Of Publication
      • Site Conflicts Of Interest (100%)
        None Found At Time Of Publication
      • Author Conflicts Of Interest (100%)
        None Found At Time Of Publication

      99%

      The overall score is a weighted number that takes into account conflict of interest, bias, deception and other practices that undermine the credibility of the source. It is calculated as:
      (Site Conflicts Of Interest + Author Conflicts Of Interest) / 2.0 * 0.2 + ArticleBiasScore * 0.20 + UniquePointsScore * 0.05 + DeceptionScore * 0.20 + ReadabilityScore * 0.05 + FallacyScore * 0.20

      A score that takes into consideration the content for flow, interruptions with ads, and overt search engine optimization techniques that makes the content hard to understand

      Mistrial declared in case of Arizona rancher accused of murdering Mexican migrant on his land - as...

      Daily Mail Stephen M. Tuesday, 23 April 2024 05:44
      • Unique Points
        • George Alan Kelly received a mistrial in his case for shooting and killing Gabriel Cuen-Butimea on his Arizona ranch.
        • , One juror believed Kelly was guilty while seven wanted to acquit.
        • Gabriel Cuen-Butimea was wearing combat boots and carrying a radio which suggested he might have been part of the cartel according to border patrol chief.
        • Kelly’s defense attorney Kathy Lowthorp believes the state did not prove beyond a reasonable doubt that Kelly committed second-degree murder in Cuen-Butimea’s death.
        • Kelly was also charged with aggravated assault against another person in the group, including a man from Honduras who testified during the trial.
      • Accuracy
        • One juror believed Kelly was guilty while seven wanted to acquit.
        • Cuen-Butimea was wearing combat boots and carrying a radio which suggested he might have been part of the cartel according to border patrol chief.
        • Kelly's defense attorney believes the state did not prove beyond a reasonable doubt that Kelly committed second-degree murder in Cuen-Butimea’s death.
        • Cuen-Buitimea was found shot dead on Kelly’s 170-acre cattle ranch near Keno Springs outside Nogales, Arizona, on Jan. 30, 2023.
        • Kelly did not use deadly physical force despite having the opportunity and justification according to defense argument.
      • Deception (100%)
        None Found At Time Of Publication
      • Fallacies (100%)
        None Found At Time Of Publication
      • Bias (100%)
        None Found At Time Of Publication
      • Site Conflicts Of Interest (100%)
        None Found At Time Of Publication
      • Author Conflicts Of Interest (100%)
        None Found At Time Of Publication