Witness testimony begins in trial of rancher accused of killing border crosser

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Witness testimony begins in trial of rancher accused of killing border crosser
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Craig Smith is KGUN 9's Southeast side reporter. Send your story ideas to Craig at [email protected].

SANTA CRUZ COUNTY, Ariz. — Witness testimony began Tuesday in the murder trial of Santa Cruz County rancher George Alan Kelly. Kelly is charged with shooting and killing an undocumented border crosser passing through his ranch.

Kelly is charged with firing at least nine shots from an AK-47 assault rifle in the direction of Gabriel Cuen Buitimea and another man as they moved south across Kelly’s ranch toward Mexico. Prosecutors say one of those shots killed a man who was not moving towards Kelly, and presented no threat. Defense attorneys say Kelly heard a gunshot before he brought out his rifle and fired over the heads of the men who were more than a football field away. In opening statements Kelly’s lawyers offered the idea that someone else fired the fatal shot before Kelly did anything.Because the fatal shot went through the man and kept going, the bullet was never recovered, so it was never tested for a match to Kelly’s gun.

Kelly’s lawyers have made a point of mentioning the victim was carrying a two-way radio—the sort smugglers often use.

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