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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Pima County officials are warning that the community will suffer from a homeless crisis of illegal immigrants come Easter Sunday after federal funding for illegal immigrant support runs out.
County officials estimate that there will be as many as 400 to 1,000 illegal immigrants released by border agents into Tucson daily.
The county has spent about $1 million a week to shelter around 1,000 illegal immigrants — bussed in by state-contracted coach transportation — using funds sourced from the federal Shelter and Services Program. If the county were to take on all the sheltering and service costs, taxpayers would be putting up between $50 and $60 million a year.
About a billion in federal funding for SSP was tied into the failed foreign aid bill engineered by Sen. Kyrsten Sinema (I-AZ). SSP was specifically allocated by the Department of Homeland Security (DHS) to mitigate illegal immigrant shelter and service costs borne by non-federal entities.
The Federal Emergency Management Administration (FEMA) allocated $363.8 million to SSP for the 2023 fiscal year. Pima County received over $12 million from SSP. These funds went to Catholic Community Services’ (CCS) Casa Alitas shelters, which served as a middle man of sorts amid the Border Patrol’s catch and release of illegal immigrants. Without federal funds, illegal immigrants will likely end up living on the streets.
The World Hunger Ecumenical Task Force (WHETF) in Maricopa County received nearly $8.5 million. WHETF of Cochise County received $150,000, and Yuma County WHETF received over $11 million.
Last month, Pima County Administrator Jan Lesher warned the Board of Supervisors (BOS) in a memo that the county no longer had sufficient funding to continue shelter and other services for illegal immigrants.
Lesher advised the board that she had instructed a full stop to county coordination, contracts management, and funding reimbursement of the shelter services on Easter Sunday. Currently, the county’s Grants Management and Innovation Office, Office of Emergency Management, and Procurement are winding down those processes.
The county administrator explained that illegal immigrants would flock to Tucson from across Pima, Cochise, and Santa Cruz counties because the city offers more transportation opportunities and homelessness support than the rural counties.
“There is already a difficult homeless problem in Pima County that we are working tirelessly to solve or mitigate,” said Lesher. “What we are about to experience with street releases is homelessness on steroids.”
The county is considering two plans for handling the anticipated influx of roving illegal immigrants. However, Lesher advised against any of the plans as “imprudent,” arguing that the border crisis was a federal problem that should be covered by federal funding.
“This is a crisis of the federal government’s making due to the failure to pass sensible border and immigration reform and to provide the necessary funding to local jurisdictions forced to deal with the deleterious effects of federal border policy,” said Lesher.
The first plan would involve a county-owned building, the Mission Facility west of the Pima County Adult Detention Complex. One version of the plan would cost over $126,000 a month and another $40,000 for necessary materials. The illegal immigrants would be bussed and released to the location, and upon arrival given only the “bare necessities:” utilities, maintenance, janitorial services, 24-hour security, and communication aids such as an A-frame sign and language-specific cards and fliers. Under this plan, the county would not provide food or transportation. A second version of the plan would increase costs to over $396,900 a month to provide support staffing and food, but not transportation.
The second plan would make use of the county-owned Pima Fairgrounds “Raceway” and install the rental of a large tent and portable showers. That would cost $305,100 to erect and about $283,200 to maintain monthly, minimum. Additional costs have yet to be discerned.
Of the five viable non-county buildings and properties, the owners either expressed no interest in housing illegal immigrants or the properties were unsuitable for mass sheltering operations.
Among the services discontinued, per a memo issued to the BOS earlier this month, will be both the short and long-distance transportation services for asylum seekers (ending August 15 and April 11, respectively), staffing support services for humanitarian assistance program (ending May 11), and food service county congregate and non-congregate shelters (ending May 31). Another program, hotel shelter services for COVID-positive asylum seekers, will conclude next week.
Although those dates extend beyond Lesher’s directive to stop county efforts as of Easter Sunday, the county administrator noted in her February memo to BOS that she was planning for the possibility of reimbursement requests coming in after the programs conclude.
Per the county administrator’s last weekly situational report, issued in mid-February, there was a daily average of 910 arrivals and weekly average of over 6,300 arrivals. Since Jan. 1, 2019, the county has recorded over 405,000 releases in the area.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The Tucson Border Sector continues to be one of the nation’s most active crossing zones as the weather shifts to a more favorable climate for migrants journeying to the United States.
On March 1, John R. Modlin, the Chief Patrol Agent of the U.S. Border Patrol’s Tucson Sector, posted that there had been 11,800 apprehensions of illegal aliens in his region over the past week. He also noted that there were 195 federal criminal cases, 28 human smuggling cases, and 4 significant arrests during that time period.
Chief Modlin also revealed that Border Patrol agents had “detected, tracked, and apprehended 16 migrants dressed in camouflage in a remote area near Douglas, AZ.” This was a reminder to onlookers that, while many of the reported apprehensions are illegal aliens who essentially wait for Border Patrol to process them, there are many others who are attempting to make their way around law enforcement and into the heart of the country.
2/25: With support from #HPU and @cbpamo, 16 migrants dressed in camouflage were detected, tracked, and apprehended by #USBP agents in a remote area near Douglas, AZ, all of which were returned to Mexico. A great example of the persistent teamwork that occurs in Tucson Sector. pic.twitter.com/7wWQXMXMaW
On Saturday, Fox News reporter Bill Melugin wrote that “numbers [are] slowly ticking back up at the southern border moving into March.” He added information from his sources at CBP that “there were just over 7,000 migrant encounters [Friday] led by Tucson sector with 1,800+ apprehensions.”
NEW: Numbers slowly ticking back up at the southern border moving into March. Per CBP sources, there were just over 7,000 migrant encounters yesterday, led by Tucson sector w/ 1,800+ apprehensions. San Diego sector had 1,200+. El Paso sector had 1,200+ (majority in New Mexico).
Although Chief Modlin provides regular updates on generic numbers at the border, including criminals and other dangerous individuals who are caught by law enforcement, much is still unknown to officials about the identities of many of the people who are apprehended. NewsNation National Correspondent Ali Bradley recently posted that the United States government does not “have access to most criminal databases – nearly 170 nationalities have been encountered at the border but if the host nation doesn’t alert the U.S. the reality is, we likely won’t know if they have any history.”
TX: We don’t have access to most criminal databases—Nearly 170 nationalities have been encountered at the border but if the host nation doesn’t alert the U.S. the reality is, we likely won’t know if they have any history— "The problem, though, is that we're basically taking… pic.twitter.com/7FsydtjH05
Bradley added a reminder from former Yuma Border Patrol Chief Chris Clem, who recently said, “If the fingerprints come back with no record matches, if the pictures come back with no record matches, then we’re having to do this based on what they tell us…Border Patrol agents are in the people business. So, we can kind of oftentimes smell a rat. But it’s one of those things where there is an opportunity for somebody to get through that shouldn’t.”
We have been covering this extensively for months at @NewsNation — Here is when recently retired Yuma Border Patrol Chief @CClemOfficial told us, “If the fingerprints come back with no record matches, if the pictures come back with no record matches, then we're having to do this…
Arizona legislative Republicans have been hard at work this session – just as they were last year – to come up with solutions to help combat the crisis at the border and the security and humanitarian issues that are growing for communities across the state. However, most – if not all, of the Republicans’ proposals will be vetoed by Democrat Governor Katie Hobbs, who, although expressing interest in solving the issue and pointing blame at federal officials, has not been willing to sign legislation that would help the state and local law enforcement gain any more control over this very serious situation.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Governor Katie Hobbs has had a change of heart over the immigration crisis on Arizona’s southern border. She recently reversed an earlier decision against deploying the National Guard, now sending over 200 Tucson sector troops and committing up to $5 million in Arizona taxpayer money to send troops to the Lukeville Port of Entry.
Hobbs also demanded the federal government reimburse Arizona $512.5 million for “migrant transportation, drug interdiction and law enforcement” expenses incurred under the Biden administration. She also promised to seek reimbursement “regularly” from the feds for Arizona’s border crisis mitigation.
What sparked the flurry of activity from our heretofore passive chief? Finally, the direct expenses to Arizona could no longer be ignored. They’re affecting Arizona’s budget and future financial viability.
For Hobbs and scores of other Democrat mayors and governors, compassionate sympathy with the plight of illegal immigrants was a good image so long as the expense was borne elsewhere. Hundreds of sanctuary cities were formed. Mayors from New York, Chicago, Los Angeles, and other cities basked in assuring that theirs was an open, caring place.
Like Biden himself, they welcomed illegal immigrants to our shores. Sure, they heard the reports of complaints from border communities suffering from growing hordes of needy illegal immigrants, but those were mostly just red state conservatives anyway.
However, when the influx of visitors became so overwhelming that they had to be exported around the country, perspectives changed. Too late, Hobbs and the others realized the growth was out of control and the fiscal demands truly unsustainable. Their pleas for help from the feds were ignored.
It’s a good thing that our governor now acknowledges there is a problem, but she whiffed on her response. In fact, we don’t need more money, we don’t need more troops, we need to have the resolve to enforce the law against unauthorized entries into our country.
Instead, we advertise to the world that America welcomes all migrants and those who make it here will be admitted under the clever scheme of supposedly seeking asylum. They will be provided with transportation into the country, food, shelter, medical care, education, and social services.
We are then shocked when millions from the third world’s underclass stream in. Hobbs claimed the additional funds were necessary to “manage the influx of migrants” thereby unwittingly admitting the mistake. New money flowing to the border has been used not to stem the flow but to expedite the process of admitting even more invaders.
We desperately need a policy of admitting only those who are legally qualified for admission and turning away the rest. It’s not that complicated nor costly. It would save money and possibly the future of our nation.
The downsides of unlimited entry go far beyond the expenses borne by local governments faced with accommodating the immigrants’ short-term needs. We have had an estimated 15 to 20 million people illegally enter our country this century, 6.6 million processed through in Biden’s three years alone.
These are mostly undereducated, untrained people who are unlikely to attain self-sufficiency anytime soon. Most don’t mean us any harm, but others are terrorists, criminals, and foreign agents. Immigration errors, unlike some other policy areas, can’t be reversed. Our new residents are not going to leave – ever.
America is facing some daunting challenges. Most of our schools are failing to improve the education of underprivileged children. Public spending and our crushing debt load cast a black cloud over our future. Waves of lawlessness and organized criminal behavior plague us. The influence of Marxist-inspired social theories threatens to drive Americans, once believers in e pluribus unum, into warring identity enclaves.
Simply put, America is not in a position to spend more money or take on more problems, let alone accommodate a tsunami of 20 million illegal immigrants who will exacerbate every one of them.
America is famously a nation defined not by “blood and soil” but by the values on which we were founded – equality of all before the law, representative government, rule of law, limited government, and individual rights. The illegal immigration of tens of millions who don’t know or love America will change forever who we are and what America means to the world.
Dr. Thomas Patterson, former Chairman of the Goldwater Institute, is a retired emergency physician. He served as an Arizona State senator for 10 years in the 1990s, and as Majority Leader from 93-96. He is the author of Arizona’s original charter schools bill.
Holiday travel times and flights may be more difficult to handle this year, based on the flood of illegal immigrants at Phoenix Sky Harbor Airport.
Reporters returning from Turning Point USA’s (TPUSA) America Fest conference publicized their observations at the airport in a flurry of social media postings on Tuesday.
One independent political commentator and journalist, “Nuance Bro” (Omeed Afsarifard), encountered large groups of illegal immigrants awaiting their flights, with papers indicating that they received services from Catholic Community Services of Southern Arizona (CCSA).
One woman asked why Afsarifard was filming their group without their consent, to which he informed her that filming in public areas was legal.
Just ran into a group of African migrants from Guinea heading to New York City. They had documents from “Catholic Community Services of Southern Arizona Inc” Im seeing migrants ALL over the place here at the airport this is insane.
Afsarifard observed that the illegal immigrants had white tags on their luggage and, often, their processing paperwork from border enforcement.
There were a ton of African migrants here earlier when I first arrived but when I head back to Terminal 3 from the lounge I found a few still sitting around and they were also from Guinea. You can tell who the migrants are because they have these white tags on their backpacks and… pic.twitter.com/BKv328f8YC
From last August to this August, CCSA reported taking in over 80,000 illegal immigrants to Casa Alitas, the organization’s shelter service for illegal immigrants claiming refugee status. From August 2021 to August 2022, CCSA reported taking in about 47,800 illegal immigrants to their shelter service.
Tenet Media reporter Tayler Hansen reported that illegal immigrants received priority boarding and expedited security checks.
Illegal Migrants are littered throughout the Phoenix Airport right now. They’re receiving priority boarding and expedited security.
Many have no idea where they’re going.
Locations include Charlotte, Philadelphia, NYC, and Texas.
Hansen, along with several other reporters and political commentators, claimed to observe multiple incidents of illegal immigrants being escorted by security out of women’s restrooms.
Babylon Bee commentator Ashley St. Clair filmed her experience at Phoenix Sky Harbor: wading through crowds of illegal immigrants, and waiting behind them for boarding. St. Clair noted that taxpayers were funding the premium transportation of the illegal immigrants.
My @Delta flight from Phoenix appears to be flying migrants who crossed the border and are being shipped to New York
When I asked a Delta representative if this was the case, his response was “What does it matter, they’re humans too”
The border crisis surge is only likely to worsen in the coming weeks. Reporters along the border shared videos of thousands of illegal immigrants waiting to be let into the country. Last week, the Tucson Border Sector reported another record number of illegal immigrants breaching the border.
BREAKING: Video from a contact on the ground in Eagle Pass, TX right now shows a mass of thousands of migrants waiting to be processed by Border Patrol after they crossed illegally today. I’ve spent hundreds of days there over the last 2+ years and I’ve never seen it like this. pic.twitter.com/JPNYY7sPxI
In response to the massive uptick in the border crisis, Gov. Katie Hobbs tapped the National Guard to provide assistance at the border.
The illegal immigrants are being flown or bussed to “sanctuary cities” in other states. Yet, those cities may be less of a sanctuary than anticipated, due to overcrowding and increasingly limited resources.
One Chicago shelter for illegal immigrants made headlines this week after reportedly poor living conditions have caused mass illnesses and the recent death of at least one: a five-year-old boy.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
