Vindicated rancher George Alan Kelly speaks out for first time since having his charges dropped following a mistral over migrant's death on his Arizona land

George Alan Kelly, the Arizona rancher who became the face of the border crisis after he was charged with shooting a migrant dead on his land, says he feels vindicated after charges were dropped.

Kelly, 75, was charged with the killing of Gabriel Cuen-Buitimea, a Mexican national found dead on Kelly's sprawling ranch in January 2023. 

He insists he never shot Cuen-Buitimea, instead only firing a warning shot to scare away groups of migrants who regularly crossed through his land. 

Last week, a jury failed to reach a verdict after one hold-out juror refused to acquit and on Monday, prosecutors announced they would not seek a new trial.

In his first major interview since charges were dropped, Kelly says he and his wife are trying to 'start our life over again.' 

'I don't feel that I was treated fairly in the investigation,' Kelly told NewsNation.  'I think I was arrested without cause, without probable cause.' 

George Alan Kelly, the Arizona rancher who became the face of the border crisis after he was charged with shooting a migrant dead on his land, says he feels vindicated after charges were dropped

Kelly, 75, was charged with the killing of Gabriel Cuen-Buitimea, a Mexican national found dead on Kelly's sprawling ranch in January 2023

He said that despite a crowdfunding service helping out Kelly and his wife, he still has fears for the future.

'That cloud's still over my head,' he said. 'It's a long road, and we're not out of danger yet, but we're not giving up. I'm not going to let them beat me down.'

Kelly adds the crisis at the United States-Mexico border makes him worried about the state of his land.

'I've lived in a place like this all my life,' Kelly said. 'I'm not, I'm not afraid to exist here. But I know that it's a definite risk.' 

He said he was living in constant fear and was desperate to protect his wife after multiple incidents.

Prosecutors claim that Kelly recklessly fired his AK-47 nine times at a group of migrants 100 yards away who were trespassing on his 170-acre cattle ranch near the U.S.-Mexico border. 

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

A sign referring to Gabriel Cuen-Buitimea, a Mexican man found dead on the ranch of George Alan Kelly

The group, which included Cuen-Buitimea, were allegedly running from border patrol agents, according to law enforcement officials. 

At trial, prosecutors claimed that Kelly's story to border patrol officers kept changing, first saying he returned fire at all five individuals who were shooting him, then saying it was a group of 10 to 15 people armed with AR-styled rifles, ABC News reported.

Kelly said he fired warning shots in the air to scare the group off and never intended to hit, let alone kill anyone. 

The defense said authorities were lying about Kelly admitting to shooting at multiple people.

'That was not true, Alan never said that,' Kelly's lawyer Brenna Larkin said. 

'Law enforcement wasn't listening and they didn't care, they already decided that he was guilty.'

George Alan Kelly enters court for his preliminary hearing in Nogales Justice Court in Nogales

Kelly is followed by reporters as he exits the Santa Cruz County Courthouse

Lowthorp said Kelly is 'in good spirits' and has decided to retain her and Larkin once again if there is to be another trial.

Cuen-Buitimea, who was found with a bullet hole in his back on Kelly's ranch, lived just south of the border in Nogales, Mexico. 

He had previously entered the US illegally several times and was deported, most recently in 2016, court records show. 

Kelly was also charged with aggravated assault against another person in the group that ended up on his property, including a man from Honduras who was living in Mexico and who testified during the trial that he had gone into the US that day seeking work. 

A second-degree murder conviction would have mandated a minimum prison sentence of 10 years.