Arizona Rancher Will NOT be Retried After Hung Jury

[TerryMiller]

"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.

The state charged Kelly, 75, with second degree murder after he allegedly shot and killed a migrant, Gabriel Cuen-Buitimea, on his land in January 2023.

The decision not to retry Kelly comes a week after a mistrial was declared following a deadlocked jury.

Kelly’s defense confirmed to Fox News Digital that there was "one, lone holdout" juror who wanted to convict, while the remaining jurors sought an acquittal."

FOX News - Arizona Rancher George Alan Kelly Will Not Be Retried

 

[Almost Jack Burton]

Find that one Juror and tar and feather them.

 

[Lee Beaittie]

Amen! Good for him.

 

[Waltercat]

I was glad to see this. But what makes a second trial even possible? I thought one could not be be retried for the same crime.

 

[OK Corgi Rancher]

I was glad to see this. But what makes a second trial even possible? I thought one could not be be retried for the same crime.

The judge declared a mistrial. That means start over.

And, yes...you can be tried more than once for a single incident. You can be tried in state court and then again in federal court depending on the offense. Then you can be sued civilly.

There are rules for double jeopardy but they don't apply to a mistrial.

And I'm glad he's not gonna have to go thru that nonsense again.

 

[dennishoddy]

He should have never been required to be in court in the first place.
A thorough investigation by an unbiased DA would have never brought this issue to court considering the lack of evidence.
The DA was focused on ruining MR Kelly and his life because of his personal bias.

 

[HFS]

The judge declared a mistrial. That means start over.

And, yes...you can be tried more than once for a single incident. You can be tried in state court and then again in federal court depending on the offense. Then you can be sued civilly.

There are rules for double jeopardy but they don't apply to a mistrial.

And I'm glad he's not gonna have to go thru that nonsense again.

Yep. I ain't a Shyster at Law but seem to recollect that the US Supreme Court also said military personnel could be tried by both a US military court and a US federal court, if the charge was a federal offense like bank robbery. They ruled that wasn't double jeopardy.0

Edit, sorry to go off on a tangent and hijack the thread.

 

[Snattlerake]

Yep. I ain't a Shyster at Law but seem to recollect that the US Supreme Court also said military personnel could be tried by both a US military court and a US federal court, if the charge was a federal offense like bank robbery. They ruled that wasn't double jeopardy.0

Edit, sorry to go off on a tangent and hijack the thread.

No hijack here. You added valuable info.

 

[Glocktogo]

Don't be shocked if DoJ goes after him.

 

[turkeyrun]

Evidently, one juror needed to be hung. Along with the the DA.