On January 30, 2023, Gabriel Cuen-Butimea, a 48-year-old man from Nogales, Mexico, was shot and killed on a 170-acre cattle ranch near Nogales, Arizona. Cuen-Butimea was with a group of other men, reportedly unarmed, who were crossing the property when the incident occurred. An eyewitness, a Honduran man who was with Cuen-Butimea, testified that they were attempting to seek work in the United States.
The owner of the ranch, 75-year-old George Alan Kelly, was arrested in connection with
the shooting. Kelly was initially charged with first-degree murder, but the charge was later changed to second-degree murder and aggravated assault. Prosecutors alleged that Kelly recklessly fired an AK-47 at the group of men from a distance of about 100 yards. Kelly maintained that he fired warning shots into the air and did not aim at anyone, stating he was in fear for his and his wife's safety after seeing the men on his property.
The case drew significant national attention, highlighting the ongoing tensions surrounding border security. In April 2024, after a trial that included testimony from one of the migrants present during the shooting and a visit by the jury to the ranch, the judge declared a mistrial after the jury failed to reach a unanimous verdict. One juror voted for conviction, while seven voted for acquittal. Prosecutors later announced they would not seek a retrial, and the charges against George Alan Kelly were dismissed.
