The state declined to retry the case of George Alan Kelly, 75, the rancher charged with the deadly shooting of an illegal immigrant on his property.
Kelly faced the possibility of a retrial after a deadlocked jury resulted in a declared mistrial last week. As he walked out of the Superior Court building, Kelly said that he had faith God would protect him from those upset over the prosecutors’ decision.
“The nightmare’s over,” said Kelly. “God’ll look after me, like he always has.”
A small group of protestors awaited Kelly’s exit from the courthouse on Monday. A few shouted after Kelly as he walked away. Some of the protestors’ signs likened the shooting to a hate crime.
That illegal immigrant, Gabriel Cuen-Buitimea, 48, was found dead by Kelly last January after the rancher had allegedly fired warning shots above Cuen-Buitimea and the other illegal immigrants he was trespassing with on the property.
Accounts of Cuen-Buitimea crew differ, depending on who gave testimony. Authorities characterized the group as illegal immigrants evading Border Patrol during a typical illegal crossing. Kelly claimed the group’s presence was marked by a gunshot, and that the men were camouflaged and carrying assault rifles, one of which Kelly said was pointed at him.
Cuen-Buitimea had been deported for illegal entry into the U.S. at least three times from 2011 to 2016. According to a friend’s account to The New York Times, Cuen-Buitimea lived with his two adult daughters in Nogales. The pair met with the Mexican Consulate in Nogales and prosecutors after the declared mistrial last week.
One of Cuen-Buitimea’s travel companions, Daniel Ramirez, later served as the key witness against Kelly; Ramirez was imprisoned for drug smuggling nearly 10 years ago, though he falsely told the court that he had no prior drug-related convictions.
Ramirez’s testimony was later scrutinized for alleged editorialization and coaching by prosecution.
Santa Cruz County Attorney George Silva released the following statement after their decision to not retry Kelly:
“Because of the unique circumstances and challenges surrounding State vs. George Alan Kelly, the Santa Cruz County Attorney’s Office has decided not to seek a retrial in this matter. However, our Office’s decision in this case should not be construed as a position on future cases of this type. Our office is mandated by statute to prosecute criminal acts, and we take that statutory mandate seriously. We will review all the facts of each case as they are presented to our office, and we will continue to prosecute all criminal acts that occur within our jurisdiction when a factual and legal basis exists for prosecution. Nothing follows.”
Following a similar statement from the county attorney’s office in court on Monday, Judge Thomas Fink said the court would schedule a hearing to determine whether to dismiss Kelly’s case with or without prejudice.
The Arizona Superior Court declared a mistrial last week after the jury was unable to reach a verdict. Seven wanted to find Kelly not guilty, but one wanted to sentence him on the charge of second-degree murder.
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Peoria Unified School District (PUSD) parents expressed their displeasure over plans to reduce the privacy in several high schools’ bathrooms during this week’s regular board meeting.
The district is planning to remodel one set of male and female restrooms at Cactus High School and Ironwood High School, with the main goals of providing clearer visibility into the restrooms and increasing ADA compliance.
In presenting the proposed plans, Acting Superintendent Kevin Molino explained that students felt uncomfortable with other students using the bathrooms as private hangout spots.
“As we gather feedback, we’ll find a balance between privacy and safety,” said Moleno.
In order to remedy this, the entrances to the new bathrooms would provide a direct line of sight into the main gathering space between the sinks on one wall and the private bathroom stalls on the other.
Corky Haynes, a community member, expressed concern that the students’ privacy wouldn’t be respected — especially the girls.
Teddy Todd, another community member, asked that there be more privacy given to the girls’ restrooms: a narrower entryway view, and a wider and taller divider for the sinks (for washing out garments). Todd also suggested adding doors to the urinals, and transforming the service closet into a private, lockable single-stall bathroom with a sink and the water tank closeted off.
Trina Berg, an Ironwood High School and Peoria Education Association (PEA) President, said that the increased visibility would make teachers’ jobs easier in managing students congregating in bathrooms. Currently, Berg says teachers either have to yell or go into the bathrooms to remove students.
“As a teacher, the restrooms are a big source of behavior issues, because our kids are congregating in there,” said Berg. “Yes, privacy is a thing, but the doors are there, they’re shut.”
Mikah Dyer, an Ironwood High School senior and PUSD board candidate, said that the proposed renovations would improve safety and usability.
“The number one problem I hear about bathrooms in Ironwood is the vaping that’s happening and the overcrowding that’s happening during passing periods during lunches,” said Dyer. “Teachers need accessibility and visibility.”
The proposed bathroom renovations include vape sensors in each stall.
Jeff Toby, a parent of three female PUSD students, said his daughters were uncomfortable with the proposal.
Tiffany Benson, a community member, expressed concern that the bathroom remodels were another step to ending gendered bathrooms. Benson also said that the schools needed to be more proactive in addressing the students who were repeat offenders for bad behaviors in the bathrooms.
Wendy Rose, mother of two current PUSD students, said that the female students she asked were uncomfortable with the lack of privacy in the bathrooms.
Christina, mother of two PUSD students, wondered at the lack of urinals and, like others, the lack of privacy presented by noise issues.
Board member Bill Sorensen said there needed to be a way of gathering more student feedback on the proposal before the district moves forward.
Board member Heather Rooks objected to the policy as another alleged step toward getting rid of gendered spaces.
I will never comply with Biden administration trying to change Title 9 and take away privacy for girls in bathrooms! pic.twitter.com/oYTtxMeujH
— Heather Rooks The Peoria Mom (@ThePeoriaMom) April 26, 2024
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A University of Arizona assistant professor who moonlights as a drag queen, Harris Kornstein, pushed children to support Hamas during a recent drag story hour with Valley Families for Palestine, arranged by Queer Storytime for Palestine.
Kornstein encouraged the crowd of children to chant “Free Palestine!” as a response to: “If you’re a drag queen and you know it…” during a performance this week.
An indoctrination double whammy: "Free Palestine" meets "drag queen story hour" in Connecticut River Valley pic.twitter.com/uQ6bf67Owg
Palestinians don’t tolerate LGBTQ+ individuals, especially Hamas. Anyone involved in those lifestyles in the area risks persecution and violence at minimum, even death.
Valley Families for Palestine, an activist coalition located in the Connecticut River Valley, privatized their social media accounts after Kornstein’s video went viral.
Also involved in the drag story hour were Sarah Prager, an LGBTQ+ author; Hannah Moushabeck, a queer author and Palestinian supporter; Jewish Voice for Peace Western Mass; Booklink Books; MassEquality; Parasol Patrol at Western Mass; and Western Mass Mask Bloc.
Kornstein, who goes by the drag name “Lil Miss Hot Mess,” often does his drag performances for minors in other states in addition to drag story hours.
Kornstein is also a board member for Drag Queen Story Hour, and author of two books marketed to children normalizing drag lifestyles: “The Hips on the Drag Queen Go Swish, Swish, Swish,” and “If You’re a Drag Queen and You Know It.”
Drag Queen Story Hour is a national organization with state chapters that emerged from Michelle Tea, a leftist author from San Francisco who launched it out of her desire almost 10 years ago to raise her toddler in “queer culture.”
In a 2021 research paper, Kornstein defended the creation of Drag Queen Story Hour as a means of allowing children to explore “queer pedagogy” and engage in “queer imagination” from a young age. The latter term, Kornstein said, enhanced child development through play as praxis, aesthetic transformation, strategic defiance, destigmatization of shame, and embodied kinship. Kornstein noted that drag queen engagement with children would lead to normalization of the practice.
“Within this complex political landscape, [Drag Queen Story Hour] seems to uniquely thread the needle between queer activism and broad cultural acceptance,” said Kornstein.
At the University of Arizona, Kornstein taught in the College of Humanities Public & Applied Humanities. Up until he went on research leave last year, Kornstein served as an assistant professor for the Institute for LGBTQ+ Studies, School of Art, School of Information, and Graduate Interdisciplinary Program in Social, Cultural, and Critical Theory.
Kornstein was able to go on leave thanks to a $60,000 grant from the Biden administration’s National Endowment for the Humanities. That funding is going toward a book project theorizing queer and transgender strategies of countering “surveillance capitalism” through observations of drag queens, transgender taxi drivers, cruising gay men, witchcraft, “mystical intuition,” and “gay hanky codes.”
Last December, the University of Arizona awarded Kornstein the Chatfield Impact Award — an honor for exemplary teaching, research, and service — for which he received $5,000.
Kornstein auctioned his books for a “Books for Palestine” fundraiser last November.
The Arizona House voted on Wednesday to repeal the state’s total abortion ban in a close 32-28 vote. The repeal is now in the Senate’s hands.
Three Republicans joined Democrats to eradicate Arizona’s abortion ban: Tim Dunn, Matt Gress, Justin Wilmeth. The repeal would mean that another existing law restricting abortions after 15 weeks goes into effect.
The historic abortion ban predates Arizona’s statehood and lasted up until the Supreme Court’s codification of abortion in 1973 through Roe v. Wade.
House Speaker Ben Toma, congressional candidate for District 8, said in a press release that the vote was rushed, a grave error that would allow for the slaughter of unborn children for up to 15 weeks.
“It would have been prudent and responsible to allow the courts to decide the constitutionality of the pre-Roe law,” said Toma. “I feel compelled to reiterate my personal view that this decision to repeal the abortion ban in Arizona effectively means that we are allowing the murder of unborn children up to 15 weeks of pregnancy.”
Toma chided Democrats for a lack of decorum on the House floor, citing outbursts and personal attacks. The speaker also warned that the opposing party would continue to push for a wider window for abortions, all the way up to birth — effectively, infanticide.
“Democrats are pushing radicalism and will not relent until Arizona recognizes abortion on demand and abortion through 9 months of pregnancy,” said Toma.
🚨Statement from Arizona House Speaker @RepBenToma on today’s vote on HB 2677:
“I fervently disagree with my Democrat colleagues who advocate for extremism through unlimited, unrestricted, and unregulated abortions. Abortions are not healthcare. Abortion kills life. Abortion… pic.twitter.com/X7QsmWulzK
— Arizona House Republicans (@AZHouseGOP) April 24, 2024
One of the three Republicans to join Democrats to repeal the abortion ban, Dunn, defended his vote in a press release insisting that he is pro-life, but that abortions should still be allowed in cases of rape and incest — situations for which the historic abortion ban didn’t grant exceptions. Dunn said his decision was the “most pro-life vote” possible.
“Should the pre-Roe law remain in effect, I firmly believe more lives will be lost over time. The public backlash would result in codifying disturbing and unlimited abortions in the Arizona Constitution, which is something that I cannot allow to happen,” said Dunn.
I hope you will join me in encouraging a culture of life, one that supports mothers, children, families and always stands for the unborn. pic.twitter.com/C6E6916vl5
Gress also issued a press release claiming he is pro-life. However, Gress didn’t go into details about how the abortion ban went too far. Rather, Gress lumped those supportive of total abortion bans and those supportive of unfettered abortion together as extremists.
“As someone who is both pro-life and the product of strong women in my life, I refuse to buy into the false notion pushed by the extremes on both sides of this issue that we cannot respect and protect women and defend new life at the same time,” said Gress.
Democratic lawmakers celebrated the vote. The author of the bill repealing the historic abortion ban, House Bill 2677, was Democratic Representative Stephanie Stahl Hamilton.
The House narrowly rejected a motion to transmit the bill immediately to Governor Katie Hobbs, 30-30, should the Senate have returned the bill unamended. Gress was the sole Republican who joined his Democratic colleagues in voting for that motion.
Hobbs praised the abortion ban repeal, calling the law “archaic” and a threat to women’s lives. As Toma predicted, Hobbs indicated that the securing of abortions up to 15 weeks was only the beginning.
“I will do everything I can to stop harmful legislation that strips women’s control of their bodies. But there is much more to do,” said Hobbs. “I encourage each Arizonan to continue to speak out and fight for your reproductive freedoms.”
I’m thrilled the House has finally decided to do the right thing and repeal the archaic 1864 near-total abortion ban, which would have jailed doctors & threatened women’s lives.
It’s time for the Senate to follow suit and send the repeal to my desk. Immediately.
On Monday, the Arizona Superior Court declared a mistrial in the case of George Alan Kelly, 75, the rancher who shot and killed an illegal immigrant trespassing his property.
The jury was unable to reach a verdict in Kelly’s case (CR-23-0026). Judge Thomas Fink scheduled a status reading for next Monday, April 29, to allow the state to determine whether it would request a retrial.
Fink read aloud a note from the jurors insisting that further deliberations wouldn’t resolve their deadlock.
The Santa Cruz County Attorney’s Office initially charged Kelly with first-degree murder for killing an illegal immigrant, 48-year-old Gabriel Cuen-Buitimea, trespassing Kelly’s property in Nogales last January. Cuen-Buitimea had previously been convicted and deported several times. The attorney’s office later lowered the charge to second-degree murder.
According to court documents, discovery of Cuen-Buitimea’s remains occurred after Kelly had called law enforcement twice: once in the early afternoon to report illegal immigrants possibly firing shots on his property, and once that evening to report the discovery of Cuen-Buitimea’s remains. Cuen-Buitimea was found unarmed.
Kelly’s co-counsel, Kathy Lowthorp, told NewsNation post-verdict that the jury was 7-1 for a “not guilty” verdict. Only one juror believed that Kelly was guilty of second-degree murder. Their defense team unsuccessfully fought the mistrial ruling and supported extending jury deliberation. The prosecution supported the declaration of a mistrial.
The jurors opted to maintain their deadlock over a unanimous decision on either reckless manslaughter or negligent homicide, which Fink suggested.
The Arizona Superior Court posted all videos of the 18-day trial to their YouTube page; they have also posted relevant case documents to their website, which includes the minute entries outlining the main events in the trial. The trial began exactly a month ago.
During court proceedings, Kelly’s other co-counsel, Brenna Larkin, testified that Cuen-Buitimea was one among a group of five men trespassing his land with large backpacks and rifles. Larkin clarified that Kelly shot in the sky above the men to ward them off after hearing a shot fired, ostensibly by the group of men.
Larkin stated in closing arguments that Cuen-Buitimea posed a very real threat to Kelly and his wife.
“Long story short, this is simply not somebody who’s looking for the American dream,” said Larkin. “There’s no evidence that this person is here for those kinds of benign purposes.”
The prosecution’s key witness against Kelly — Daniel Ramirez, another in the group that trespassed Kelly’s land on that fateful day — has falsely told the court he had no prior drug-related convictions, though he was previously convicted of drug smuggling nearly a decade ago.
Kelly’s counsel further claimed that the prosecution had coached, editorialized, and mistranslated Ramirez’s testimony.
“It is particularly disturbing that the State either failed to review the witness’s criminal history prior to putting him on the stand, or the State concealed the witness’s criminal history,” stated Kelly’s counsel.
AP News reported that Nogales’ consul general of the Mexican consulate, Marcos Moreno Baez, waited with Cuen-Buitimea’s daughters on Monday after the verdict to meet with prosecutors.
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