The attorney for an Arizona rancher accused of shooting and killing a migrant on his property is asking for the $1 million bail he is being imposed to be reduced or waived, arguing it is not necessary.
George Alan Kelly, 73, has been charged with first-degree murder in connection with the January 30 death of Mexican national Gabriel Cuen-Butimea.
Authorities are keeping quiet about the specific details surrounding the shooting, but Santa Cruz County Deputy Sheriff Gerardo Castillo told Nogales International that law enforcement authorities were called to Kelly’s ranch located in Kino Springs regarding to a report of gunshots. Upon arrival, agents found a deceased Hispanic man about 100 to 150 yards from Kelly’s home, according to the outlet.
Officers took two assault-style rifles from the scene and the two men did not appear to know each other, according to the report.
ARIZONA RANCHER CHARGED WITH SHOOTING AND MURDERING MIGRANT ON HIS RANCH TO REMAIN JAILED ON $1M BAIL
This photo provided by the Santa Cruz County Sheriff’s Office in Nogales, Ariz. shows rancher George Alan Kelly, 73, who is being held on $1 million bond in the fatal shooting of a man last week. tentatively identified as Mexican on his property. Kelly faces a first degree murder charge. Authorities have not disclosed a motive in the case and it was not known if the men previously knew each other. (Santa Cruz County Sheriff’s Office via AP)
In a court filing Thursday, Kelly’s attorney argues that her bond should be reduced or eliminated entirely.
According to the file, Kelly’s attorney says he “saw a group of men moving through the trees around her home” who were “armed with AK-47s, dressed in khakis and camouflage clothing, and carrying large backpacks.”
The “leader” of the alleged armed group saw Kelly and “pointed an AK-47 at him,” the document says.
“Mr. Kelly, fearing for his life and safety, fired several shots from his rifle, hoping to scare them away from himself, his wife, his animals, and his home. While firing, Mr. Kelly was careful to aim very above the heads of the group of armed men,” according to Kelly’s lawyer.
His attorney said Kelly called the US Border Patrol ranch liaison and reported the incident, telling the officer that he “heard a single shot and that the men he had seen were armed.”
His lawyer alleges that the liaison “incorrectly” reported that Kelly said he could not tell whether the men “were armed or not”, adding that the radio dispatch “correctly reported that armed men had been seen in the area”.
Later, on January 30, while Kelly was checking on his horse, he found a body lying on the grass and later reported the findings to police, his attorney claims in the filing.
MIGRANT SHOT BY ARIZONA RANCERO HELD ON $1M MURDER CHARGE WAS DEPORTED SEVERAL TIMES BEFORE: REPORT
George Alan Kelly, 73, is charged with first-degree murder for allegedly shooting a migrant at his ranch north of the border. (Santa Cruz County Clerk of Court)
Further investigation found that the deceased Mexican national had no firearms or backpack, Kelly’s attorney claims, adding that “the cause of death appeared to be a single gunshot wound.”
However, Kelly denied law enforcement shot “anyone” directly and “does not believe that any of his warning shots could have hit or killed the person,” the court document states.
During a court appearance on February 2, Kelly asked how he could talk to his wife.
“My wife is present in court. May I ask her to set up an appointment for an audiovisual conference? I haven’t been able to speak to her or anyone else,” Kelly said.
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Kelly appeared in court in an orange jail jumpsuit on February 2. (Santa Cruz County Clerk of Court)
Kino Springs is about 1.5 miles north of the US-Mexico border.
Cuen-Butimea has a history of illegal attempts to cross the border, with the most recent incident in 2016, the Daily Mail reported.
Fox News’ Paul Best contributed to this report.
