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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Democratic Congressman and Senate candidate Ruben Gallego was characterized as having “walked out” on his wife and unborn child in a new attack ad from GOP forces.
The ad, created by the National Republican Senatorial Committee (NRSC), said Gallego left his former wife, Phoenix Mayor Kate Gallego, for a “D.C. lobbyist”: his current wife, Sydney Barron, a lobbyist for the National Association of Realtors.
“If deadbeat dad Ruben Gallego would abandon his own family, he won’t be there for Arizonans when it matters most,” stated the ad.
A press release accompanying the attack ad pointed out that Gallego continues to champion women’s rights and prioritizing women on issues like abortion and higher pay, yet walked away from the closest woman in his life.
I grew up in a house with four strong, independent Latinas. They made me the man I am today.
To the women who made their impact and the ones paving the way for generations, this #WomensHistoryMonth, we celebrate you!
NRSC spokesman Tate Mitchell emphasized the timing of the Gallegos’ divorce as a disqualifier for Gallego serving in the Senate.
“Arizona women can’t trust a man who divorced his wife when she was weeks away from having their child,” said Mitchell.
Gallego once believed that divorce wasn’t an option, writing in a 2012 Twitter post that his Catholicism prevented him from ever seeking it. It’s unclear what changed for Gallego in the span of a few short years.
“I am Catholic [and] don’t believe in divorce,” said Gallego.
I am Catholic don't believe in divorce. Sorry Pakistan you are stuck with me #debate
Gallego and Barron didn’t begin dating until several years after the divorce. The pair wed in 2021.
Ruben and Kate were married from 2010, the year Gallego joined Congress, to 2017, when Kate was still part of the city council. The pair divorced shortly before the birth of their son, Michael.
Kate became mayor of Phoenix in 2018, after then-Mayor Greg Stanton announced his run for Congress.
According to Gallego, he met Barron in 2018. Gallego and his second wife welcomed their first child, a daughter named Isla, into the world last July.
Five years ago, I met Sydney at the Congressional baseball game, and now we’re getting ready to welcome our daughter into the world any day.
The Phoenix mayor doesn’t publicly appear to hold hard feelings against her ex-husband. She endorsed him last December.
“I’m proud to endorse Ruben because I know first-hand his commitment to building a brighter future for Arizona,” said the mayor. “We have real challenges facing our state that require a leader who is dedicated to fighting for working families and the most vulnerable. He’ll do an excellent job working for all of us as our next senator.”
However, Gallego has excluded the mayor’s endorsement from his official endorsement page. The only Phoenix official he’s featured under his lengthy list of Arizona official endorsements is former vice mayor Yassamin Ansari, who is now running for Congress.
The GOP attack line on Gallego’s love life and fatherhood record wasn’t a new concept rolled out recently. The NRSC released a similar ad last November with the characterization of Gallego as a “deadbeat dad.”
.@RubenGallego abandoned his wife when she was nearly 9 months pregnant, then married a DC lobbyist. @kyrstensinema is a liberal Democrat.
Gallego has posted about his son from his personal, now campaign account nearly every single month last year, with a sporadic array of posts in the years prior.
Becoming a dad was the best thing that ever happened to me. Michael brought me strength, humility, and so much love. Just a few weeks until i’m a dad of two.
Rep. David Schweikert (R-AZ-01) gave a brief rundown on the state of his constituents’ financial well-being under Biden before Congress on Tuesday.
Schweikert said that his district consists of some of the more well-off, educated, and entrepreneurial constituents in Arizona and the country. Yet, Schweikert says his more “prosperous” district has become poorer even when accounting for factors like wage growth.
“In my district, we’ve had the highest inflation in the continental United States. If you do not make 23.6 percent more money today than you did the day President Biden took office, you are poorer,” said Schweikert.
Want to understand why the public isn’t so bubbly about the economy?
If you live in the Phoenix-Scottsdale area and haven’t received a 23.6% pay increase since President Biden took office, you are poorer today.
Schweikert’s district spans a northeast section of Phoenix that encompasses Scottsdale, Paradise Valley Fountain Hills, Cave Creek, the Salt River and Fort McDowell Yavapai Nation reservations, and part of the Tonto National Forest.
The congressman went on to say that his fellow congressmen, dubbed “the clown show,” needed to have “an honest conversation” with constituents to acknowledge that they’ve grown poorer in recent years.
Arizona experienced the highest inflation rates since February 2021, only returning to a lower rate of 2.7 percent earlier this year, last seen March 2021.
Both Arizona State University business professor and Carey School director Mark Stapp and University of Arizona economics center director George Hammond toldCronkite News last year that the reason for Arizona having the highest inflation — mainly Phoenix — has to do with shelter costs.
Arizona’s high growth rate, coupled with the lack of supply, prompted a rapid rise in housing and rent prices.
In 2022, the state boasted the highest inflation rate in the nation. At the time, the Phoenix area had a 13 percent inflation, much higher than the nationwide inflation rate at the time of 8 percent.
Schweikert has repeatedly urged his colleagues to curb inflation, last month pointing out the effects of the record levels of spending under the Biden administration. Schweikert projected that the total deficit spending for the 2024 fiscal year will be higher than both the Congressional Budget Office (CBO) and Office of Management and Budget (OMB) have projected.
Over the past three years, Arizona’s food banks have reported an unprecedented increase in the number of clientele they’re serving. The Arizona Food Bank Network reported earlier this year that it and its member food banks have served 14 percent more individuals in 2023 than in 2022 (a total of nearly 570,000 people a month), and 20 percent more than before the pandemic.
Conversely, the census reported that 12.5 percent of Arizonans were living in poverty in 2023 — the lowest rate in the past decade.
Schweikert hasn’t been the only one of Arizona’s congressmen to criticize federal leaders’ approach to handling inflation. Congressman Andy Biggs (R-AZ-05) remarked during President Joe Biden’s State of the Union last month that the overall inflation rate had hit nearly 20 percent since 2021, costing Arizonans nearly $13,000 in 2023 according to the Joint Economic Committee.
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Jamie Aldama, the Democratic Glendale mayoral candidate and former councilman, is now battling a lawsuit accusing his campaign of submitting fraudulent signatures to qualify for the ballot.
The lawsuit filed on Monday by local Republican Party chairman Timothy Schwartz alleged that Aldama submitted at least 670 signatures that were either faked, duplicates, from individuals residing outside of Glendale, or from individuals not registered to vote. The lawsuit further alleged that some voters named on Aldama’s signature sheets reported that they hadn’t signed the sheets.
Aldama submitted nearly 2,400 signatures, more than the nearly 1,900 required to qualify for the ballot. A finding of at least 670 invalid signatures would drop Aldama below the qualifying limit.
Members of the media remarked that the contested signature sheets depicted names spelled in block lettering on lines where a voter’s signature belonged.
A challenge has been filed against Glendale mayoral candidate Jamie Aldama. The challenge stems from a claim of fraudulent signatures.
Someone sent me a few sheets. Which consists of basically block writing in the signature line. pic.twitter.com/n2iDrjKiUE
— The AZ – abc15 – Data Guru (@Garrett_Archer) April 16, 2024
Aldama hasn’t issued any public statements addressing the lawsuit or its allegations.
The case is scheduled to go before the Maricopa County Superior Court next Tuesday, with a pretrial hearing scheduled for Friday.
Aldama is vying to oust incumbent Mayor Jerry Weiers, a Republican and the mayor since 2013. The former councilman resigned his seat on April 1, after a decade on the council. That same day, Aldama submitted his nomination for the mayorship.
Longtime resident Leandro Baldenegro took over Aldama’s vacant seat last week; Baldenegro works for the Glendale Elementary School District.
Aldama announced his candidacy last May, and began fundraising and canvassing almost immediately thereafter. In a press conference announcing his run, Aldama emphasized that he would focus on inclusivity if elected.
Aldama also explained that he first ran for office in 2014 because the city council and city hall needed accountability. He said that the leaders, including the mayor, were guilty of “sowing division.” Aldama declared that the mayor’s office needed its public image improved.
Aldama said that his main focus would be on bringing more businesses into the city, and building up the Glendale Chamber of Commerce.
“Unification of our city will be a cornerstone of my candidacy,” said Aldama.
During his time with the council, Aldama focused on issues like securing federal funds for addressing homelessness and housing improvements. The city of Glendale broke ground on its first affordable housing complex last March — over 300 apartments — secured through a state low-income housing tax credit. Those apartments are scheduled to be completed this fall.
As a Democrat, Aldama also supported ideologies such as LGBTQ+ allyship and Pride Month. Aldama serves on the Glendale Chamber of Commerce’s Diversity, Equity, and Inclusion Committee, formed in April 2022. The umbrella entity over the committee, the Diversity Task Force, was formed with the purpose of adopting an LGBTQ-inclusive nondiscrimination ordinance. The city passed one in 2021.
Aldama has been present for visits from various Biden administration officials, such as Transportation Secretary Pete Buttigieg’s Phoenix visit in 2021.
Per his latest campaign finance report filed earlier this week, Aldama has raised over $94,700.
The only other contender for the mayor’s seat, Republican lawmaker Paul Boyer, dropped out of the race several weeks ago.
What was supposed to be a three-way challenge for incumbent Glendale Mayor Jerry Weiers has turned into a one-on-one contest with recently resigned Councilman Jamie Aldama.https://t.co/NnECQsdhf6
GOP State Representative Austin Smith (LD29) dropped out of his reelection race abruptly on Thursday, days after allegations surfaced that he had forged petition signatures to qualify for the ballot.
In a lengthy press release announcing his resignation, Smith downplayed the allegations — outlined in a lawsuit against him — as an unsubstantiated, coordinated attack by Democrats.
Smith is member of the Arizona Freedom Caucus, and the senior director of Turning Point Action. Smith said that the plaintiffs — Democratic Party officials — were falsely accusing him of forging the signatures of Democrats on his petition sheets. Such an act of forgery would be pointless, given that signatures from Democratic voters wouldn’t count for a Republican primary.
Some questioned whether the two Democrats leading the lawsuit had signed the petition themselves with the intent of accusing Smith of election fraud.
Rather than pay to fight the lawsuit and any criminal investigations that may arise, Smith said that he would protect his family financially and drop out of the race.
Smith pledged to run for office again in the future, but would rely on the online signature system rather than paper ballots.
“I feel terrible for those who are disappointed in this outcome or in me for not fighting it until the end,” said Smith. “I hope you’ll understand that my decisions are about more than just me.”
Those found guilty of petition forgery are disqualified immediately and may not run for public office for five years.
Smith also announced that another man had agreed to run in his stead as a write-in candidate for the Republican primary: James Taylor.
Taylor lives in Litchfield Park and has been heavily involved in the LD29 GOP.
One Democratic official behind the lawsuit, James “Jim” Ashurst, serves on the LD29 Democrats board as the sergeant at arms.
The Arizona Democratic Legislative Campaign Committee (ADLCC), a project of the Arizona Democratic Party, first announced the lawsuit against Smith on Monday, the day the lawsuit was filed.
The ADLCC — co-founded by Governor Katie Hobbs in 2012 when she was in the state legislature and Republicans held a supermajority — then fundraised off of the lawsuit announcement.
The Republican Party of Arizona (AZGOP) issued a statement lamenting Smith’s resignation, but expressing confidence in Taylor’s abilities to take over. The AZGOP didn’t address Smith’s alleged election fraud.
“We hate to lose an effective legislator like Austin Smith, but I’m glad James Taylor is on the team,” said the AZGOP. “He will be an excellent candidate for LD29 and the local, county, and state parties will do all we can to help. Austin will continue to do great things for Arizona.”
We hate to lose an effective legislator like Austin Smith, but I'm glad James Taylor is on the team. He will be an excellent candidate for LD29 and the local, county, and state parties will do all we can to help. Austin will continue to do great things for Arizona. #LD29
State Representative Rachel Jones defended Smith as a victim of Democratic “target[ing] and sabotag[e].” Jones cautioned against Republicans speaking ill of Smith.
“So before you self-righteous Republicans join the left to crucify him, maybe try to remember that those of us who fight the hardest for you have the biggest targets on our backs,” said Jones.
@azaustinsmith has more integrity and heart than anyone I know! Democrats targeted and sabotaged him. So before you self-righteous Republicans join the left to crucify him, maybe try to remember that those of us who fight the hardest for you have the biggest targets on our backs. https://t.co/FW2rCFzUfI
— AZ Representative Rachel Jones (@RJ4arizona) April 18, 2024
Not all Republican leaders were as supportive of Smith.
Maricopa County Supervisor Clint Hickman called for Smith to resign.
“This is a man who has lied to the people of Legislative District 29 and the entire state about our election operations for at least three years,” said Hickman. “He is now accused of lying about the signatures he personally collected to get on the ballot again.”
Turning Point Action has yet to release a statement on the allegations against Smith or his dropping out of the race.
Instead, the organization has focused on its hire of “ballot chasers” in Arizona and other states. These “ballot chasers” go door-to-door in battleground states contacting Republican voters who have received their mail-in ballots, and encouraging those voters to mark their ballots and make a plan to vote.
BIG NEWS! At Turning Point Action we have been laser focused on Arizona and Wisconsin the last year.
We now have the largest full-time staff in both states and are adding hundreds more bodies on the ground chasing ballots in each. Bodies = BALLOTS!
