No Retrial for Arizona Border Rancher George Allen Kelly

The circumstances of U.S. Border Patrol agent Rogelio Martinez's death this week remain murkier than the Rio Grande River.
Keeping Fake Illegal Alien Families Together IMG randpaul2010.com

On April 29, 2024, Fox News reported Prosecutors in Santa Cruz County, Arizona, would not re-try border rancher George Allen Kelly.  The Fox report has since been verified. From Fox News. com:

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.

Kelly underwent a lengthy accusation, arrest, and trial process stretching out for nearly a year and a half. In the end, the local jury could not agree on a verdict. This created a mistrial and the possibility Kelly could be tried again. The eight-person jury had one holdout, which refused to acquit Kelly. On April 23, the judge declared a mistrial.   From courttv.com:

At about 2:00pm local time the 8-person jury declared they were at an impasse, but the judge asked them to continue deliberating and gave them the option of breaking early for the day.

In Arizona, in criminal cases where the penalty does not exceed thirty years in jail, the size of the jury has been set by the legislature at eight.  From AZleg.gov, size of jury:

A. A jury for trial of a criminal case in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons, and the concurrence of all shall be necessary to render a verdict.

B. A jury for trial in any court of record of any other criminal case shall consist of eight persons, and the concurrence of all shall be necessary to render a verdict.

Kelly gave an exclusive interview on YouTube, explaining his state of mind. From the video:

We still live in the same place. We are still faced with the same threats. The border is still where it is at. The cartel is still active. They know where I live. They got guns. They kill people, all the time, on both sides.

Because George Allen Kelly had a mistrial and not an acquittal, he faces the potential of a retrial.  The current crop of prosecutors in Santa Cruz County have said they will not re-try him. They cannot bind the actions of future prosecutors. It is entirely possible a future prosecutor, perhaps who was aided in their election by Soros or Cartel money, could re-try George Allen Kelly 10 years from now. There is no statute of limitations on murder. The Kellys have paid a heavy price in punishment by process. They have exhausted their life savings in paying for the defense, in spite of generous help at GiveSendGo.

This case can be laid directly at the feet of the Biden Administration. Since the day President Biden took office, his administration has done everything they can to open the border, suppress border enforcement, and encourage millions of illegal immigrants enter the USA without vetting.  President Biden immediately halted construction of the Trump border wall, which was nearing completion. President Biden retracted the executive orders by President Trump which had been so effective in getting the border under control. The Biden administration paid contractors of the border wall more to stop construction of the wall than it was costing to build the wall.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Ope

This man should had never been charged and put on trial to start with. That one lone idiot juror can go to hell. Probably was a wet back mexican.

Laddyboy

WRONG! That One Juror STOPPED the INCORRECT CONVICTION of Mr. Kelly!

Knute Knute

You’ve got it correct. Ope seldom gets his facts straight. His thoughts are too twisted. That’s probably why some of the old-timers here on Ammoland call him DopeY! 🙂

Logician

I thought that I had read earlier, that the one holdout was for conviction in this case, so it threw some confusion into the mix. Since it came from Fox “news”, it probably was just one for conviction!

Last edited 15 days ago by Logician
Ope

Logician, the one holdout juror did vote for conviction. (according to FOX News and other news sources) Because of that POS, Kelly could still be tried again on this bullshit charge sometime in the future. The other jurors had it correct. Laddyboy and Knute Knute are just really confused about this..

Last edited 14 days ago by Ope
Knute Knute

Do the letters F. O. mean anything to you, 3&%$#%?
🙂

Terry

I guess now they’ll have to send in the AFT with a no knock warrant at 5AM and shoot him in the head. They’ll need to leave the body cams at home though!

Shotsmith

Since he’s now prevented from owning a gun because he’s under investigation for a felony, the cartels will do the job for the ATF.

Roland T. Gunner

Hide his dogs.

macdog

no knock with a shooting and blame the cartel

JC

A shame that one juror couldn’t see the light. It may be possible the Feds pick it up and put Kelly through a bigger ringer.

musicman44mag

Just want to know:
Ok, if I up vote am I saying that I agree with what you are saying about a retrial or am I saying yes, I want them to do that?

If I down vote am I saying I don’t like the idea that they can retry him? or am I saying that I disagree with the statement that the one juror couldn’t see the light.

JC

Too complicated. Just know I’m ecstatic at the verdict! I’d be worried some shyster Fed AG would want to push it. Even though it was almost unanimous.

totbs

I don’t see that happening unless the feds can stack the jury. The one holdout was going to convict regardless of evidence or lack of evidence IMHO. The state couldn’t prove its case, and I don’t think the feds could either. Worst part is that the rancher should be getting a citizenship award, not a murder charge.

JohnBored

They might try some BS civil rights violation charge. IMO that would be double jeopardy.

Bob

That would be bidumb’s doj! If those pos es can, they’ll screw over any and every decent person they can.

Laddyboy

This case MUST be PREJUDICIALLY DISMISSED! Mr. Kelly is only a pawn in the pResident biden’s attempt to disarm Americans and PUNISH American Citizens for SELF-DEFENSE!

Ledesma

The Arizona incident isn’t unusual. Liberals imagine any use of a firearm to be criminal!

Last edited 15 days ago by Ledesma
Finnky

Not every use. If someone uses weapon in furtherance of criminal act (robbery, car jacking, kidnapping or the like) than democrats say that the individual was simply misunderstood, never actually wanted to hurt anyone, and was forced into life of crime by hardships in their life.

Oh wait – the above only applies to members of the preferred classes. Those of use with wrong skin tone are guilty regardless of facts.

musicman44mag

From the article: Because George Allen Kelly had a mistrial and not an acquittal, he faces the potential of a retrial. The current crop of prosecutors in Santa Cruz County have said they will not re-try him. They cannot bind the actions of future prosecutors. It is entirely possible a future prosecutor, perhaps who was aided in their election by Soros or Cartel money, could re-try George Allen Kelly 10 years from now. There is no statute of limitations on murder. Ahh let me see here. He was found on the ranchers property. Isn’t that trespassing? In the words of Ope,… Read more »

DIYinSTL

This is another opportunity for government regulation. Is a license required? Is there a daily limit? Must the animals be tagged and is there a fee per tag? Alternatively, is there a bounty? If you own enough acreage and a back-hoe can you process the carcass yourself or must it be done at an independent or government run facility? etc.

totbs

All questions that need answers! 🙂

Roland T. Gunner

Too rich!

Bob

It depends on whether or not the one doing the killing is trying to hit an innocent man with kids in his truck in Iraq or a rancher in the US trying to protect his property and body.

Finnky

He is old enough that he is unlikely to face retrial in ten years. If he lives that long, he’ll have same impact on jury as prosecutors said biden would have – nice elderly man with memory issues. High prosecution success rate is a primary goal of prosecutors. Knowing this case had already been lost and seeing potential for jury sympathy – prosecutors would likely choose not to pursue a losing case which would reduce their success rate.

musicman44mag

I think that should be determined and ended. leaving someone hanging regarding if he will EVER be retried is cruel and unusual punishment just like the J-6ers are getting only he is not physically captive. Mentally captive can be just as bad.

Matt in Oklahoma

Y’all learn anything bout telling on yourselves?

JohnBored

This was a political driven BS persecution of an elderly man defending his life, wife, and property. They probably thought they could intimidate him into a plea deal. Kudos for George as he was man enough to stand up to their tyranny. I am surprised more of this has not happened. The border is wide open, and criminals are crossing daily. My only advice is not to fire warning shots. Or if you do, fire them into the ground. The outcome of this “trial” will encourage more citizens to defend their property.

Shotsmith

The holdout juror was FOR CONVICTION. Now Mr. Kelley is under constant investigation for a felony and has lost his right to have a firearm. Not convicted, but being punished just the same. Should the cartels attack him again, he can’t shoot back. To the leftists this result is almost as good as a conviction. Additionally, it gives the cartels a process they can follow to inflict harm on American citizens.

The lone holdout juror is a knothead. Unfortunately the U.S. has no shortage of knotheads.

Charlie

That juror should be identified. The one mistake he made was notifying the authorities. Hello I am from the govt and I’m here to help. The scariest words you’ll ever here.

Wild Bill

Your point has some merit. No one is required to testify against themselves, including notifying the “authorities”.

Grigori

Good!

musicman44mag

Good! they are not going to try and prosecute him again? If that is the case, I agree.

Grigori

Yes, Musicman, that!

JLS

Some details of the case- Kelly neither shot nor shot at the dead drug runner. The victim was found on Kelly’s property after rigor mortis had already set in in an area where drug ripoffs are know to occur. The victim was dressed in camouflage and had no wallet, money or other identification. The case was based on testimony the Santa Cruz County Sheriff, who is only a little bit left of Lenin, obtained from an interview with a known drug runner in Mexico. The full interview was not recorded, only the part where the smuggler claimed to have seen… Read more »

Roland T. Gunner

Sounds like a clownshow.

macdog

Sounds like DA silva and santa cruz county sheriff have assigned the victimhood to the “poor unfortunate” drug runner and the cartel (more than likely the responsible shooter). Did the sheriff get his recording equipment from a 3 letter government agency surplus sale?

hasbeen

he needs to be compensated for this travesty of justice. i think he should be awarded 200% of his costs. this government needs to be held accountable for their illegal actions. this one or any others.

Ray

Good, all he did was to shoot a member of an invading army, there should be more ranchers and citizens doing this.

GomeznSA

Ray – sorry but there was absolutely NO evidence that any shots he fired were ‘on target’ – absent any ballistic evidence – direction the killing round was fired from, entry/exit wounds even remotely matching the caliber of the gun he used etc. would preclude any reasonable person from ‘assuming’ that he actually fired the killing shot. IOW the charge should have never been brought. Period. The only factor was that the victim was found on his property.

Buzz

Mister Kelly should be reimbursed for all the $$ he spent on Legal Fees and given a Medal for Killing a Dangerous FELLON

Finnky

It is entirely unclear whether Mr Kelly actually shot the deceased. Story is that he fired a warning shot at group of armed trespassers. Quite believable that cartel just left a body on his property.

Deplorable Bill

This man did nothing that anyone else would not do. He defended his life, his wife and his property. I have done the same. I have serious doubts about the court system and the legal system in general. The courts and law enforcement have been obviously weaponized against Christians, conservatives, patriots, property owners and anyone else who is willing to stand up against treason, tyranny, violence, murder, assault etc. etc. etc. I doubt that this case would have gone to trial had righteous, constitutional law enforcement and judges been the norm. Right now, with things the way they are, if… Read more »

Logician

Since there was no conviction, Mr. Kelley should get treble damages paid to him and his wife! The damages being how much money he was forced to pay to some slimy scumbag LIEers who never told him that he only needed to demand to see his written guarantee of a fair trial to get the entire case thrown out!! ALL of the LIEyers and fake judges and nearly everyone else who is a part of the legal system/Matrix knows that, or at the very least SHOULD know it! How can they not know it, when they are swimming in that… Read more »

Roland T. Gunner

Great article Dean. It surely sucks to get crossways with the gubmint in modern America.

Get Out

I’m not sure what to believe now. Apparently, he told LE he heard shooting and rounds struck the house, but the wife didn’t hear or see anything, and no bullet holes were found on the side of the house. LE supposedly didn’t find any spent cases in the vicinity of the deceased either. Apparently, he told LE he didn’t shoot in their direction and then he admitted he did shoot over their heads. Appears what saved him from being found guilty was lack or incomplete evidence.

Roland T. Gunner

Yeah, lack of evidence is a good reason not to convict. Good reason to acquit too.

Logician

A lack of evidence doesn’t stop a Grand Jury from indicting a ham sandwich, does it? So what would keep a bunch of cretins on a jury from convicting someone of breathing too hard?

nrringlee

Biden needs to be the one in the docket with his clown boy Myorkis, both under gag orders and gagged.

musicman44mag

I have decided that if I am a juror again, during juror selection I will see who they are picking and choosing and will play the game so they think they will get what they want. Then during the trial I will study, take notes and make a decision based on fact just like I have before. I will and have been the one person to not convict because there was reasonable doubt in the story and I proved it. Others just wanted to convict that bad man that supposedly slapped the woman that insisted the cops take photos and… Read more »

Last edited 14 days ago by musicman44mag
Knute Knute

No retrial…. for now.
From the article:
“could re-try George Allen Kelly 10 years from now.”
Or twenty or thirty. In other words, the powers-that-be have destroyed yet another innocent life by keeping this government axe poised over his neck for the rest of his life. And yet there are people that still believe that we’re the good guys! Wow. Will the wonders of human insanity never cease?

Logician

If only he had read my two page long paper about The UNIVERSAL Get Out Of Jail For Free Card!, he never would have gone to “trial” in the first place! All that he had to do, was expose the crimes and criminality of the legal system/Matrix, because once you do that, it has ZERO power or authority over you, not even just the illusion of power and authority, which by the way all that it ever has anyway! It’s all just a huge scam being run on us all, it’s not even any kind of a gamble with certain… Read more »

Logician

Is there really a UNIVERSAL Get Out Of Jail For Free Card?? Well, yes, there IS such a thing! But it is kept well hidden and is known about by only a very few though, due to various reasons. The main one, is the populace is kept ignorant, dumbed down, as some like to say, via the public fool system. No one is taught real history or how to think about things anymore. Virtually no one knows what logic is or how to use it. Nearly everyone is taught only the mantra of “go along to get along”. Another one… Read more »

Logician

WHO doesn’t like the idea of a UNIVERSAL Get Out Of Jail For Free Card?!?! Oh, that’s right, the LIEyers and others who run the legal system/Matrix for profits don’t like it at all! So it must have been someone who is making a profit off of the 100% corrupted legal system/Matrix that gave a down vote about it!