Mexico to Sue Arizona Rancher Accused of Fatally Shooting Migrant—Attorney

Mexico is working with the family of a migrant who was shot dead to sue the Arizona rancher accused of pulling the trigger, the rancher's attorney has said.

George Alan Kelly, 75, was charged with second-degree murder in the fatal shooting of Gabriel Cuen-Buitimea outside Nogales, Arizona.

Prosecutors said Kelly recklessly fired nine shots towards a group of men, including 48-year-old Cuen-Buitimea, after encountering them on his ranch near the southern border on January 30 last year, striking and killing Cuen-Buitimea. Kelly said he fired warning shots in the air, but didn't shoot directly at anyone, according to The Associated Press.

Prosecutors on Monday said they would not seek a retrial after jurors in Kelly's trial were unable to reach a verdict following more than two days of deliberation last month.

But Mexico is working with Cuen-Buitimea's family to sue Kelly, according to attorney Breanna Larkin.

"The defense is curious about the Mexican government's continued involvement in this case, and its attempts to influence judicial proceedings in this case," Larkin said in a statement provided to NewsNation correspondent Ali Bradley.

Cuen-Buitimea "had previously been deported numerous times from this country. Had he obeyed the law, he would never have been there and he would never have met this end," Larkin said. "We would hope that the Mexican consul general would encourage their citizens to respect the laws of the United States, just as we encourage our citizens to respect the laws of Mexico."

Larkin has been contacted for comment by Newsweek. The Mexican Consulate in Nogales has also been connected for comment via email.

Santa Cruz County Superior Court Judge Thomas Fink agreed to dismiss the case after the Santa Cruz County Attorney's Office said it had decided not to seek a retrial. Fink said a hearing would be scheduled later to determine if the case would be dismissed prejudice, meaning it couldn't be brought back to court.

"The nightmare is over," Kelly told a reporter from a Tucson television station as he left court on Monday. Cuen-Buitimea's family "has my sincere sympathy," he added.

Larkin told Newsweek that Kelly could "finally rest easy" after that decision.

"Mr. Kelly and his wife have been living through a nightmare for over a year, and they can finally rest easy," she said.

She said that Kelly is an "innocent man" who "never shot anybody."

"The investigation in this case was conducted poorly from the very beginning," Larkin said.

"As a result, it is extremely unlikely that we will ever be able to find out who actually killed Gabriel. While that injustice to Gabriel and his family is unfortunate, we are at least pleased to know that the injustice will not be compounded by scapegoating an innocent man."