Border rancher George Allen Kelly, 75 years old, was on trial, charged with the death of an illegal alien who had been deported numerous times. The body of Gabriel Cuen Buitimea (48) had been found in the mesquite about 115 yards from the rural home of George Allen Kelly and his wife, Wanda. The husband and wife had retired to Arizona in 2002 after careers as a state fisheries biologist and a school teacher in Lincoln, Montana.
On January 30, 2023, George Allen Kelly called Border Patrol and said he heard a shot and that he might have to return fire. Investigators come out. They don’t find anything. Late in the evening, Kelly finds the body of Gabriel Cuen Buitimea about 115 yards from the house. He calls Border Patrol again. The authorities investigate. They put the body in a freezer. Because the authorities put the body in a freezer, the exact time of death could not be determined by the medical examiner.
There was no ballistic evidence to connect Kelly’s rifle to the body. Several spent shell casings were found on the Kelly’s porch. No bullet was ever recovered. Butimea’s body was wearing tactical boots, tan pants, a hoodie sweatshirt, and a camouflage top. He had a two-way radio in one pocket. A picture on his phone, in those clothes, showed him with binoculars, but no binoculars were found with the body.
One of the detectives investigating the case went to Mexico to interview a person who claimed to be with Buitemea at the time he was shot and killed. Daniel Ruiz Ramirez, shown on a court evidence slide as being from Honduras, was a key witness for the prosecution.
Both Daniel Ruiz Ramirez (Varela) and Gabriel Cuen Buitimea had long records of illegal border crossings. His testimony had several inconsistencies, conducted through a translator. Ramirez has been reported as an Honduran citizen and as a citizen of Ecuador in different media reports. Ruiz spoke at the trial through interpreters.
Investigators found texts sent between Kelly and a friend which showed Kelly’s frustration with all the illegal activity he was having to deal with. Some of the texts implied a willingness to use his rifle.
When the county prosecutor decided to charge Kelly with first-degree murder, the case went viral. As evidence accumulated, the prosecution reduced the charge to second-degree murder.
Several GoFundMe accounts were started. GoFundMe removed a number that took down the fundraisers set to aid George Allen Kelly.
Fox News Digital confirmed that GoFundMe removed multiple fundraisers set up to help 73-year-old George Alan Kelly.
GiveSendGo has proved to be less political and more reliable than GoFundMe, which defunded both Kyle Rittenhouse and the Canadian trucker. Here is the statement at the Give SendGo fundraising site. From GiveSendGo.com:
My name is Wanda Correll Kelly. George Alan Kelly (I call him “Alan”) is my husband of 53 years. Alan is a man devoted to his family, animals, and home. In his 75 years, he has been an upstanding member of his community and, more importantly, a rock to our family. He is a humble person with simple needs. He likes socks. He is an animal lover. Alan and I are living a nightmare. He has been accused of a serious crime, killing a Cartel member on our property and he is innocent. We are private people and are horrified about some of things being said about him in the media. We need funds for his legal defense and other related expenses that have arisen as a result of this terrible situation. Please help keep Alan home with me.
GOFUNDME has taken down all fundraising sites for George. I chose Spotfund as they allow freedom of speech.
As the trial proceeded, what Kelly told investigators and what the words meant were disputed. It appears some of Kelly’s statements were contradictory.
The Epoch Times reports a defense attorney said one juror was a hold out for conviction, and could not be persuaded, resulting in a hung jury.
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.
I hope they don’t continue to persecute/prosecute this man. If they do, hopefully each subsequent jury will have at least one juror with the intelligence and integrity of the juror who stood with “Not Guilty”, this time.
Jury nullification, people! Know it. Use it.
Correct. And vilify the prosecutor and his boss. The DA is an elected official. ‘You are fired.’ Very simple.
The lone juror held out for Guilty, the vote was 7 Not Guilty One Guilty. I agree he should not be further persecuted / terrorized.
Oh crap! I overlooked that! That is even better! That a majority were for acquittal means the prosecution is going to have a harder time trying to justify a second trial. Outstanding!
This is not even a case for jury nullification. They only have circumstancial evidence suggesting that maybe the accused shot the deceased. No one should be convicted without evidence beyond reasonable doubt – which they do not have in this case.
I agree, but given some of the verdicts occasionally rendered by juries, one lone juror holding his or her ground for acquittal could make a lot of difference in the life of someone who is wrongfully charged.
http://fija.org
hopefully the prosecutor will think again about trying this case which has no credible evidence other than an illegal was killed. maybe one of his compatriots killed him. our government attempts to put an innocent until proven guilty taxpaying citizen in prison but doesn’t care about the tens of millions felons running around our country committing crimes. the dichotomy of the progressive mind!
with luck he or someone in his family will be carjacked by an illegal karma
You’re being to nice.
The Left insists there is no such thing as an illegal karma.
Try Joe Biden and his cast of clowns at the Department of Fatherland Security.
START with “My-Orch-Ass” and the CABAL/RICO SYCOPHANTS!!!!!!!!!!!!
Be that juror. Even better, be those jurors. Talk with any marginally literate product of a law school and pose the question about jury nullification and you will get a neurological response. But folks, jury nullification is a real thing and our Founders intended it to be so. When twelve of our God Fearing peers look at both statute and application of statute and say ‘no thank you’ that is the essence of jury nullification. Misapplication of law and. the application of misdirected law must end in the jury box in a Constitutional Republic. We the People are the final… Read more »
http://fija.org ABSOLUTELY! Why do you suppose it isn’t taught in government schools? Why do you think the “judge” will LIE to the jurors and tell them they can only judge the facts? Because JURY NULLIFICATION challenges their control grid. Two things…first any judge who tells you that in a criminal case you cannot judge the law is a bold faced lying piece of crap. Here is what was understood about a jury at least up to 1828. After that they started changing the meaning. Do you think the Founding Fathers knew what the jury had the right to do? OF… Read more »
IMOA, appears any evidence linking the rancher to the deceased was lacking.
Are they going to recharge him?
I hope not. He has every right to defend himself, and his wife.
the real criminal here is he DA.
Agree 100%
NULLIFICATION!!! ALL Jurers MUST be taught about NULLIFICATION! When the RADICALIZED LEFT LEANING “prosecuters/da” insist on convicting someone in a trial just for DEFENDING THEMSELVES, the jurer can MORALLY and LEGALLY CANCEL OUT the charge by finding the person INNOCENT of the charge(s).
Why did he only shoot 1 ?
One of the major REASONS for a jury is to be able to hang one if you find the LAW or the “evidence” to be an issue. Reads to me that the dead illegal died because of his illegal activity. And I foresee a lot of that going on when someone catches a rapist or burglar or robber or other ILLEGALS committing other ILLEGAL acts. The reason they are COMING HERE IS BECAUSE AUNTIE SAMANTHA has a bit TIT out for them to give them FREE everything because they have a printing press to give it to them with. Don’t… Read more »
If they won’t convict the guy already, a few thousand bars of “they shall overcome” should get the job done!
Mr Kelly’s main problem was THAT HE CALLED THE AUTHORITAHs. He didn’t follow The Four Esses: Suppress, Shoot, Shovel, Shut UP. If he found the body, just dig a hole (Third Ess – Shovel), crush/disable the phone, shove the body in the hole, refill the hole, and walk away. Then—tell NO ONE (Fourth Ess – Shut Up), not even wife or closest mostest trusted BFF. There’s that saying about “the best way for two people to keep a secret is if one of them is dead”. Wise advice. And the DA will continue to try to convict Mr Kelly until… Read more »
Before you hold my comments for adminisrtative approval your site, this morning , comes up with a MALWARE WARNING. Check yourselves out.
So now is it over or does the state have the option to prosecute on behalf of a person that entered our country illegally who should have no right to be here and should have no right to have a gun even though some idiot judge has determined that trespassers have 2nd amendment rights under OUR constitution. He cannot have those rights or any other right because they are for American Citizens, not assholes that broke into our country and this judge needs to be disbarred because he knows that and is obviously part of the leftist cabal trying to… Read more »
look at the trash we are dealing with from the last 4 years ….I have a broken thumb that will not heal bone is partially pulverized from a car accident…cause illegal driving stolen truck running from a police car that was not chasing him
That sucks, I am sorry about the crushed bone and I would hope he has been deported after jail time but I am sure he is out drinking and driving again. Thank God my wife’s accident with an illegal wasn’t that bad. Lied about insurance, no licensencia, no plates on the car and a fake address and phone number. Cost us 1,500 bucks to fix the car because we did not want to put it on our dads insurance. They are allot more problem than some people think. More than free medical, housing, phones and free money. These stupid democraps… Read more »
Just a note: our VA clinics in Arizona are flooded with illegals. I get to wait in line behind illegal kids with runny noses. So much for being a combat disabled vet. Joe Biden did that.
Question; Why are “people” using the VETERAN’S ADMINISTRATION clinic for NON-VETERANS????? THIS SHOULD NOT BE!
I have a friend that walked into a crowded VA clinic wearing a border patrol hat ……….. he saw the doctor right away!
LOL
Totally AGREE that NULLIFICATION MUST be used when a KANGAROO court session is ran with COMMIE ‘da and prosecutor’ who ABDICATE and DISHONOR their SWORN OATH-OF-OFFICE!!
Actually the right to defend yourself, no matter who you are or where you are from, from unlawful aggression is an UNALIENABLE right. That means that the creator gave it to you at birth. The judge was right, and it makes me pissed that it is so because the ILLEGAL shouldn’t have been here in the first place and once they found he was here he should have been deported. Sent back to his country with the gun he had and let them deal with him because you can bet your butt that wherever he came from would not allow… Read more »
I am of the stance that if you are here illegally, you have no rights and I don’t care what any judge says about the right to bear arms because I look at it this way. The 2nd was written to OUR government as a reminder about American Citizens “We the People ” right to bear arms, not for anyone or everyone that happens to be here that are not citizens. I recognize the statement that we have a right to defend ourselves given to us by God and instinctually. It also says in the bible that we are to… Read more »
The problem is that George thinks he is living in the America he was born into.
For the sidebar. Notice all the white racist terrorists that the FBI is not concerned about joining terrorists, protesting and saying death to America and we are hamASS are in the colleges? So far only Texas has handled it the right way in my opinion.
Correct. We need to declare Nazis and Communists outlaws and give rewards to folks who bring in their unique body parts for identification. There should be no place safe on earth for this class of scum.