An Arizona judge has downgraded murder charges from first-degree to second-degree for George Alan Kelly, the Arizona rancher accused of shooting and killing a Mexican national on his property.
"That's a significant change in the charge," said his attorney, Brenna Larkin. "Second-degree murder is, frankly, a more complicated theory of the case for both the state and the defense."
Kelly, 73, on Jan. 30 allegedly shot Gabriel Cuen-Butimea at Kelly's home in Nogales, which is close to the U.S.-Mexico border. He called Border Patrol at 2:30 p.m. to report a group of Mexican men running through his land and said he was being "shot at."
Kelly fired warning shots from his porch but said he was careful to not shoot any of the men.
Prosecutors described Cuen-Butimea as an "innocent man who was shot in the back while running for his life."
U.S. federal court records show Cuen-Butimea was convicted of illegal entry and deported back to Mexico several times, most recently in 2016.
Kimberly Hunley, chief deputy attorney for Santa Cruz County in Nogales, earlier this week asserted that Kelly began shooting at the group "out of nowhere" without issuing a warning or a request to leave.
The shooting has sparked strong political feelings less than six months after a prison warden and his brother were arrested in a West Texas shooting that killed one migrant and wounded another. Michael and Mark Sheppard, both 60, were charged with manslaughter in the September shooting in El Paso County.
Information from the Associated Press was used in this report.
Solange Reyner ✉
Solange Reyner is a writer and editor for Newsmax. She has more than 15 years in the journalism industry reporting and covering news, sports and politics.
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