Conservatives hail mistrial of Arizona rancher George Alan Kelly accused of shooting migrant on his land - as he says 'Let me go home' and Mexico calls for him to be tried again

Conservatives have welcomed the mistrial of Arizona rancher George Alan Kelly who was accused of shooting dead a Mexican migrant on his land. 

Kelly, 75, was accused of killing Gabriel Cuen-Buitimea last January at his home in Nogales, near the Mexican border. 

Prosecutors said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men about 100 yards away on his cattle ranch.

Outside of court on Monday after jurors failed to reach a unanimous decision after more than two full days of deliberation, Kelly said 'let me go home'. 

Speaking to reporters, he said: 'It is what it is and it will be what it is, let me go home. I will keep fighting forever, I won't stop.'

The Mexican Consulate in Nogales have since said they hope the state will re-try the case and that justice will be served. 

Outside of court on Monday after jurors failed to reach a unanimous decision after more than two full days of deliberation, Kelly, seen here, said 'let me go home'

Kelly, 75, was accused of killing Gabriel Cuen-Buitimea, seen here, last January at his home in Nogales, near the Mexican border

Moreno said: 'Mexico will continue to follow the case and continue to accompany the family, which wants justice. We hope for a very fair outcome.' 

Meanwhile Robby Starbuck, who ran for the House of Representatives in Tennessee in 2022, said: 'A group of illegal immigrants invaded the property of George Alan Kelly. 

'After he saw guns, George defended his wife and home by firing warning shots in the air. 

'One illegal died and a woke DA tried to charge George with murder. A Jury voted 7 to 1 today that he's NOT GUILTY. 

'The judge declared a mistrial. George did nothing wrong. At least for now, a great injustice has been avoided. 

'Prosecutors now have to decide if they'll try to bring the case a second time which would be crazy given that he was only one juror away from a not guilty verdict.'

While former Fox producer Breanna Morello posted: 'George Alan Kelly's second-degree murder trial ends in a mistrial!! 

'This was a waste of tax payer's money. Kelly was innocent—the government was guilty.'

His defense attorney Kathy Lowthorp said only one juror wanted to convict and seven jurors wanted to acquit. 

Conservatives have since welcomed the mistrial of Kelly, with one saying it was a waste of tax payer's money

Prosecutors said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men about 100 yards away on his cattle ranch, seen here

Kelly is confident he will be acquitted if there's another trial: 'They want ice water in you-know-where. And they ain't got it. So, it is what it is' 

Kelly had said that he fired warning shots in the air, but he didn't shoot directly at anyone in the group 

Kelly is confident he will be acquitted if there's another trial: ''They want ice water in you-know-where. And they ain't got it. So, it is what it is.' 

'We got no choice. We have to do it,' he told the Arizona Daily Star. 'If you're in a sand trap, you gotta keep hacking until you get out.' 

He was charged with second-degree murder in the killing of Cuen-Buitimea, 48, who lived just south of the border in Nogales. 

Kelly had said that he fired warning shots in the air, but he didn't shoot directly at anyone in the group. 

The other migrants weren't injured and they all made it back to Mexico.  

He was also charged with aggravated assault against another person in the group, including a man who testified that he had gone into the US that day seeking work. 

Cuen-Buitimea lived just south of the border in Nogales, Mexico, having entered the US illegally several times and was deported, most recently in 2016, court records show.

The nearly monthlong trial coincided with a presidential election year that has drawn widespread interest in border security.

George Kelly and his wife Wanda arrive for an arraignment hearing at the Arizona Superior Court in Nogales, Arizona 

County Attorney Michael Jette addresses jurors during closing arguments in Santa Cruz County Superior Court, Thursday, April 18, 2024 in Nogales 

Judge Thomas Fink told jurors that if they could not reach a verdict on the second-degree murder charge, they could try for a unanimous decision on a lesser charge of reckless manslaughter or negligent homicide. 

A second-degree murder conviction would have brought a minimum prison sentence of ten years.

The jury got the case Thursday afternoon, deliberated briefly that day and then all of Friday and Monday before the judge declared a mistrial. 

On Monday, Judge Fink said: 'Based upon the jury's inability to reach a verdict on any count. 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, when prosecutors could inform the judge if they plan to refile the case.