By Chris Menahan – Information Liberation
A mistrial was declared on Monday in the case of George Alan Kelly, an Arizona rancher who was accused of fatally shooting a Mexican national who trespassed on his border property in January last year, after one juror out of eight refused to acquit him of second-degree murder.
“Based upon the jury’s inability to reach a verdict on any count,” Judge Thomas Fink said, “This case is in mistrial.”
The Santa Cruz County Attorney’s Office can still decide whether to retry Kelly for any charge, or drop the case all together.
A status hearing was scheduled for next Monday afternoon, when prosecutors could inform the judge if they plan to refile the case. Prosecutors did not immediately respond to emailed requests for additional comment.
Kelly’s co-counsel Kathy Lowthorp told the media that 7 out of eight jurors said he was not guilty but one juror’s refusal to budge caused the mistrial:
George Kelly told the media after leaving court, “I’m gonna say one thing to everybody… It is what it is and it will be what it will be.”
“Let me go home,” Kelly added.