An elderly Arizona rancher charged with murder and being held on $1 million bail in connection with the shooting of a man believed to be a Mexican citizen on his border property allegedly fired “warning shots” after an armed group ” point an AK-47 right at him,” says his defense attorney.
George Alan Kelly, 73, who is charged with first-degree premeditated murder in the Jan. 30 shooting of a man authorities believe to be Gabriel Cuen-Butimea, 48, according to the Mexican voter ID he was carrying , had completed chores at his ranch near Kino Springs earlier that day and arrived home for lunch with his wife when he heard a single gunshot while they were eating, Kelly’s court-appointed attorney, Brenna Larkin, wrote in a court filing. recent obtained by Fox News Digital.
Kelly saw her horse, which is old, run away in fright at full speed, the file says.
“Finally, he saw a group of men moving through the trees around his house. They were armed with AK-47s, dressed in khakis and camouflage clothing, and carrying large backpacks,” Larkin wrote. “None of them were known to him. He had not given any of them permission to enter his land.”
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Because he was “understandably concerned and reasonably feared for his safety, the safety of his wife, and the safety of his animals,” Kelly called the US Border Patrol ranch liaison, specifically assigned to help people who live in the border areas, to report what he had seen and “to call for immediate help,” Larkin wrote.
Telling his wife to stay inside, quiet, and away from the windows, Kelly went out onto the porch with his rifle.
George Alan Kelly is being held on $1 million bond at the Santa Cruz County Jail in Nogales, Arizona on a first-degree murder charge. (Santa Cruz County Sheriff’s Office via AP)
“The leader of the armed group of men saw Mr. Kelly and pointed an AK-47 at him,” Larkin wrote. “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 armed group of men. The group then began running into the desert surrounding his home. Once the group fled, Mr. Kelly walked over to his barn to see if he was safe and secure.”
The Cover Notes Kelly had a second conversation with the Border Patrol ranch liaison that ended at approximately 2:36 p.m. Although Kelly reported that she heard a single shot and that the men she had seen were armed, the liaison “incorrectly reported “Kelly stated that she could not tell whether or not the men were armed,” Larkin wrote. Radio dispatch to Border Patrol agents en route to the property at approximately 2:40 p.m. “correctly reported that armed men had been seen in the area.”
As Kelly was checking her barn, several Santa Cruz County Sheriff and Border Patrol agents arrived at the property and were met by Kelly, who told them she had seen a group of armed men near her home, the document says. . Agents also contacted Kelly’s wife, who indicated that she had seen armed men carrying large backpacks near the home, Larkin wrote.
Border Patrol agents and sheriff’s deputies searched “all” of Kelly’s property but found no one, the document says. They also used multiple cameras to try to locate the men, but were unsuccessful. The police then left.
George Alan Kelly appeared in court on a first degree murder charge. (Santa Cruz County Clerk of Court)
As the sun was setting later that day, Kelly went to his pasture to check on his horse, still concerned that the horse may have been injured in the incident. Noticing that the dogs he brought with him were focused on something on the ground near a mesquite tree, Kelly approached the area and “observed a body lying face down in the grass,” Larkin wrote. He then called the Border Patrol ranch liaison a third time to report the discovery and request police assistance.
When police arrived, Kelly helped them find the body and cooperated with their investigation, according to Larkin. The investigation found the body to be that of a “foreign” man who had no firearms or backpack on him. The cause of death appeared to be a single gunshot wound and the body appeared fresh, according to the file.
“Person [had] a radio with him and was wearing tactical boots, indicating that he was possibly involved in illegal activity,” Larkin wrote.
The defense attorney added that it is unknown what type of bullet caused the fatal wound, what time death occurred, how long the body was there or where and in what position the person was before receiving the fatal injuries.
A US Border Patrol ranch handler travels with a rancher near Nogales, Arizona. George Kelly’s attorney says he contacted the ranch liaison multiple times on the day of the shooting, including to report the discovery of a body. (John Moore/Getty Images)
In an interview with law enforcement, Kelly “admitted to firing warning shots at smugglers earlier that day, but denied shooting anyone directly,” Larkin wrote. “He does not believe that any of his warning shots could have hit the person or caused death. All shots fired by Mr. Kelly on that date of the incident were in self-defense and justified.”
Kelly and his wife have lived on their property outside of Nogales, Arizona, for more than two decades. The Daily Mail previously reported that federal records show Cuen-Butimea “had a history of illegal border crossings and deportations in and around Nogales, with the most recent documented case in 2016.”
Judge Emilio Velasquez did not grant Kelly’s request for a $1 million bail reduction despite the rancher’s claim that his wife was left alone on their property and unable to tend to their livestock. A preliminary hearing is scheduled for February 22 at the Nogales Justice Court.
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“Mr. Kelly’s years as a law-abiding citizen and the uncontested facts of the case give us confidence in his innocence and our ability to prove that innocence if the State continues to prosecute Mr. Kelly,” Larkin said in a statement. . Friday’s statement obtained by AZ Central.
GoFundMe kicked off all the campaigns created to raise money for Kelly, Fox News Digital previously confirmed. Christian crowdfunding platform GiveSendGo allowed a fundraiser for Kelly to be held. She has raised about $250,000 as of noon on Sunday.
Fox News’ Adam Sabes contributed to this report.
