A 73-year-old Arizona cattle rancher, George Alan Kelly, was arrested and charged with first-degree murder for allegedly killing an illegal immigrant from Mexico who trespassed on the rancher’s private property. The alleged killing took place on January 30th. Mr. Kelly is in jail, unable to make the bail that was set at an outrageous $1 million. And so began Mr. Kelly’s experience with Kafkaesque injustice. Rather than receive government protection against repeated instances of trespassing and harassment by illegal immigrants, Mr. Kelly has been charged with murder and jailed for standing his ground on his own property.
Mr. Kelly’s ranch is located about 1.5 miles north of the U.S.-Mexico border. The slain Mexican, Gabriel Cuen-Butimea, 48, had been previously deported multiple times for illegally entering the United States, as reported by the Daily Mail. Instead of staying in Mexico where he belonged, Mr. Cuen-Butimea entered the U.S. illegally once again. But he was not deported this time. Instead, he met his maker after being shot on Mr. Kelly’s property.
The charge of first-degree murder against Mr. Kelly is a gross abuse of power. He should be freed immediately and the murder charge should be withdrawn. First-degree murder involves taking another person’s life intentionally and with premeditation. The only premeditation here was Cuen-Butimea’s commission of the crime of knowingly entering the United States illegally and then unlawfully trespassing on Mr. Kelly’s private property. Mr. Kelly is being persecuted for defending himself, his wife, and his private property with the amount of force he deemed reasonably necessary under the circumstances.
Mr. Kelly claimed that he was at his own ranch earlier in the day on January 30th, according to his attorney, when he “saw a group of men moving through the trees around his home” who were “armed with AK-47 rifles, dressed in khakis and camouflaged clothing, and carrying large backpacks.”
Mr. Kelly, his attorney stated, saw an AK-47 pointed right at him and reacted by firing warning shots from his rifle “hoping to scare them away from him, his wife, his animals, and his home. As he shot, Mr. Kelly took care to aim well over the heads of the armed group of men.” Mr. Kelly denied firing directly at anybody.
Mr. Kelly’s attorney went on to state that later in the day on January 30th the rancher found a dead body in the grass while he was checking on a horse and reported what he had found to the authorities. The attorney added that further investigation did not find that the deceased himself had any firearms or backpack on or about his person.
Santa Cruz County Chief Deputy Gerardo Castillo said that Mr. Kelly was arrested because “the investigation initially revealed that he had shot in the area.” That flimsy rationalization does not pass the smell test.
Mr. Kelly did not contest the fact that “he had shot in the area” earlier in the day of the fatal shooting and he explained why. Officials admitted that they did not know the circumstances that led up to the fatal shooting, which means that they had no basis either to independently confirm or refute Mr. Kelly’s account. They certainly had no basis to arrest him on a first-degree murder charge.
Yet law enforcement officers in Arizona, a stand your ground state, rushed to judgment with a first-degree murder rap against Mr. Kelly. And they imposed a grossly excessive bail on an elderly man who posed no flight risk. While Mr. Kelly has languished in jail, his wife has been home by herself facing possible further intrusions and being deprived of the care she needs from her husband.
To make matters even worse, GoFundMe removed fundraising campaigns from its website that had been set up to help Mr. Kelly collect enough money to satisfy the bail requirement.
GoFundMe tried to defend its action by citing its “long-standing policy” that “any fundraising campaigns for the legal defense of someone charged with murder are removed from our platform.” Evidently, the long-standing tenet of American law that one is innocent until proven guilty has eluded GoFundMe’s leaders despite its founder’s claim to the contrary.
Law enforcement officers assumed the worst rather than carefully considering far more plausible alternative explanations before they made the arrest and charged Mr. Kelly with first-degree murder.
For example, was the illegal immigrant simply in the wrong place at the wrong time? Was he shot accidentally when Mr. Kelly fired his warning shots at the armed men whom he had encountered earlier that day around his property? Have the police ruled out the possibility that the fatal shot was fired by someone else besides Mr. Kelly? Has there been a definitive determination of the time of Mr. Cuen-Butimea’s death?
Assuming, on the other hand, that this was no accident, Mr. Kelly was definitely the shooter, and Mr. Kelly knew what he was doing when he shot Mr. Cuen-Butimea, self-defense is a far more logical reason for the shooting than cold-blooded murder. Law enforcement officers skipped over getting answers to several key questions before locking Mr. Kelly up on a first-degree murder charge.
How much did the so-called “investigators” examine the underlying facts behind the report that law enforcement received earlier in the day of the sound of shots being fired in the vicinity of the Kelly ranch? Did they carefully search that immediate area for forensic evidence before arresting Mr. Kelly on a first-degree murder charge? Were there any witnesses who might have seen armed men near the ranch anytime during the day? Was there any surveillance that might have captured images of armed men near or around the ranch anytime during the day?
What was Mr. Kelly’s state of mind during the day on January 30th leading up to the alleged time that the illegal immigrant was shot? Was Mr. Kelly afraid that the armed men he said he had encountered earlier in the day were returning when he first encountered Mr. Cuen-Butimea on his property?
Was there an altercation between Mr. Kelly and Mr. Cuen-Butimea just before Mr. Cuen-Butimea was shot? Did Mr. Kelly’s wife or anyone else hear or see anything at the time?
If the police have conducted a thorough, professional investigation and have answers to questions such as these, they should publicly release their complete findings immediately. All that the Santa Cruz County Chief Deputy could say publicly so far in defense of the decision to arrest Mr. Kelly and charge him with first-degree murder was that “the investigation initially revealed that he had shot in the area.”
Mr. Kelly and his wife have been victimized repeatedly by illegal immigrants who have taken advantage of President Biden’s open border policies and intruded on the Kelly property. Border agents are kept busy processing the huge numbers of illegal immigrants claiming asylum for release rather than protecting the border. And then there are the many thousands of illegal immigrants who manage to elude border agents altogether. State and local law enforcement agencies have too often left ranchers like Mr. Kelly to fend for themselves because the police do not have the resources to handle the surge of illegal immigrants – some armed – who regularly trespass on private property and commit other crimes.
Sadly, now Mr. Kelly is being victimized once again. Only this time Mr. Kelly is being persecuted by law enforcement officers who have turned on him after having failed to protect the Kelly family and ranch in the first place.
Rather than give the benefit of the doubt to an elderly American citizen who had the right of self-defense against what he reasonably believed was a threat of serious physical harm, these overzealous officers did the opposite. They callously arrested Mr. Kelly, charged him with first-degree murder, and threw him into jail where he remains because he cannot make the $1 million bail.
It is time to release George Alan Kelly from prison and drop the murder charge against him now!
Mo de Profit says
“ Mr. Kelly did not contest the fact that “he had shot in the area”
That’s the problem, he admitted shooting and tried to morally justify it. Big mistake, criminals get off with murder because they deny everything.
Only the innocent try to justify their actions.
David Ray says
George Alan Kelly DID morally justify killing that invading illegal alien. (I’d have done the same thing, to all of them, and dumped the trash in the Rio Grande.)
Once back in 2005, another Arizona rancher detained two illegals trespassing on his property. One of the punks got uppity, and got pistol whipped for his trouble.
For having showed restraint, and turned the illegals over, Mr. Nethercott had his ranch seized by an activist judge and given over to the two illegals.
Not exactly our government having our backs.
The moral of the story is our government can only be trusted to stab us in the back.
The further lesson learned, is we have defend ourselves – being sure to leave our activist government enablers out of it entirely & “keep it in house”.
When illegals are anywhere near leftist enclaves (such as Martha’s Vineyard), they are speedily removed. Only our property & safety is required to bare the brunt of this invasion. Me? I don’t think so.
Poor Mr. Kelly and earlier Mr. Nethercott forgot the last two rules of wildlife management: The shovel and shut up parts. What a pity, and what miscarriages of justice.
He should have gotten a shovel and that would be the end of it. That’s where these illegal invaders belong.
Noah Andeark says
In DC, the penalty for trespassing is being shot in the face without any due process. There is precedence for this. They should have the same penalty in Arizona.
Kelly needs a new lawyer. The one he has doesn’t seem to be very aggressive.
When will the Thomas More Law Center step in and pay the bail and start defending Kelly?
The Judge in this case is not even a lawyer, just a political appointee hack.
There is all kinds of wrong in this case.
He apparently has a court-appointed lawyer who may have an impossible case load on her desk and can’t do much for him. The Thomas More Law Center would be a good choice to replace her, or the Pacific Legal Foundation. If enough people write to these organizations they might be able to provide good legal services for him.
David Ray says
Had this patriot shot one of those illegals trespassing on B. Hussein’s property on Martha’s Vineyard, they’d be throwing him a parade.
As they weren’t shot for invading our soil, the unthankful illegal trash are currently suing DeSantis for the “trauma” of being hosted on the opulent grounds of Martha’s Vineyard. (It didn’t enter their minds to sue to STAY where in that liberal eden.)
What should be done, is have all 48 of ’em catapulted back across the border . . . and their activist lawyers too.
Should have grabbed a shovel instead of his phone.
The second rule in the Three S set of rules: Shovel. The third is Shut Up. But the man presumably has a conscience and could not do that.
An Observation says
Never talk to police. You will NOT talk yourself out of trouble. Insist on a lawyer. ANY THING YOU SAY CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW.
This is no longer America.
America died at the beginning of 2009, if not earlier. We can only mourn for her at this point.
Onzeur Trante says
Reading about this made me sick. I want the rancher released and all charges dropped. I also want an end to this administration that has made these injustices possible.
AZ is a corrupt Democrat hell hole now. Just ask Kari Lake.
Kynarion Hellenis says
The message is that you do not own your land, and have no right to defend it or even live upon it. Property tax is skyrocketing in every place, and so you essentially lease your land from the government.
And the government wishes to destroy you and import another population to plunder and diminish you. This population will be more manageable than you with all your ideas about life, liberty, property and inalienable rights.
David Ray says
Sadly . . . You’re correct.
A patriot named Peter Schwartz is languishing in the DC hellhole for doing nothing. He never took the bait to enter the Rotunda. He did defend himself against the DC Stazi who had attacked the patriots for standing idle in the ellipsis – for half an hour before they reacted and entered the Capitol building.
He had been pepper sprayed 13 times. & he and his wife shot with rubber bullets. The DC pricks had initiated all the violence – period.
The DC gulag he’s held in have conditions not fit for a 3rd world dungeon (rust in the water, poor food, poorer health care, isolation, and woke bullshit lawyers acting more like prosecutors)
Contrast that with Islamic murdering terrorists who are treated with kid gloves, enjoy 4 star cuisine, fresh sheets & clothes, and top grade health care, because they didn’t commit the sin of taking selfies in the Rotunda.
Kynarion Hellenis says
The sin of the vast majority of the J6 defendants is their more conservative political views and paler skin color.
David Ray says
Again; you’re correct.
Perhaps if the J6 patriots had worn BLM t-shirts, waived ISIS flags, and committed arson, Kamala would’ve kicked some bail money their direction . . . if they would’ve even needed it.
The new population might prove less manageable than its importers imagine. Let’s just wait ten years, after the American people have been stripped of liberty and property and all of it given in bribes to the barbarians, and the money has run out. They might not be so tractable when that happens.
In the Blaine L. Pardo novel I am reading–“Blue Dawn”–it is named “Newmerica.”
You will never hear any support from the version of Leftism called WOKISM. One reason is it is a white man vs a brown man.
Wokists have a SHAME-HONOR culture similar to MUSLIM culture and JAPANESE culture.
That means what is important is PUBLIC IMAGE,also called VIRTUE-SIGNALING.
A. Shame-Honor culture is contrary to actions based on INDIVIDUAL CONSCIENCE.
B. What is important is NOT to publicly act according to the Right-Honorable thing but to NOT get CAUGHT doing what is contrary to it.
If you steal you lose your HONOR and acquire SHAME,and you feel bad,NOT because you regret stealing,but because your were PUBLICLY EXPOSED.
C. White and non-white Wokists in the WEST
say all the time they are ANTI-racism, anti-white privilege,anti-past white imperialism against brown and black people outside the West.
But it is words,virtue-signaling, part of the HONOR facade, they NEVER condemn the imperialism by
whites if doing it would affect them NEGATIVELY. For example,they don’t care
if it has been PROVEN that Assad of Syria never carried out a CHEMICAL attack on his own people.And based on that TRUMP imposed economic and secondary economic sanctions on Syria (still in place)
that have caused 90% of the Syrian people to be in EXTREME POVERTY.
Now if a WIDESPREAD campaign about it were to appear,all of a sudden,the wokists would condemn it,to protect their IMAGE of being anti-racism,anti-white imperialism.
Otherwise they would acquire a NEGATIVE ( shameful) PUBLIC image.
Even now,with 41,000 dead due to the EARTHQUAKE in Turkey-Syria the sanctions created by TRUMP,based
on a lie ( we know due to WHISTLEBLOWERS and also WIKILEAKS documents)
will not be eliminated. And WOKISTS (their magazines are Vice, Daily Beast,
Salon, Vox, The Guardian )
say nothing,don’t care,are bored by it.
Check out this 26 min video by THE GRAYZONE,in youtube:
“Sadistic US SANCTIONS BLOCK Syria earthquake aid”
I don’t know why US Conservatives TRUST the present Globalist US government regarding a coming war with CHINA.
We have JAKE SULLIVAN,he is Biden’s NATIONAL SECURITY ADVISOR.
In 2012 ,referring to the ALLIANCE of the Obama government with Muslim TERRORISTS,he said to HILLARY CLINTON:
“AL-QAIDA is on OUR side.”
Then Sullivan was a top deputy to Secretary of State Hillary Clinton, and it was stated in a February 2012 EMAIL to her.
It seems there is hope. There is a CIVIL WAR going on in the Globalist Deep State. Some are against the path heading towards NUCLEAR war.
SEYMOUR HERSH,who has released the details about how Nuland,Sullivan, Biden and Burns ( CIA CHIEF )
carried out the destruction of NORDSTREAM 1 and 2 has said there is MORE to come from his sources,it is the beginning.
GARLAND NIXON, pro-multipolar world youtuber said so today. That those people in the Deep State have decided to destroy Biden,Nuland,etc.
That if Hersh is killed,it won’t stop the process,they will get somebody else to reveal new information.
J. Keith Reese says
This is the fault of Biden and his open borders’ policy. This border has been dangerous for a long time……just hasn’t been reported. It’s just outrageous! Just another example of how we’re losing and/or lost the country.
This is a travesty! Please stop upgrading them to “immigrant” status, they are illegal aliens!
David Ray says
Hear, hear! 🍻
Their status as codified on the books employs the term “illegal alien”, so SAY IT.
If not, then bus 10,000s of ’em to Malibu, Kennebunkport, and Martha’s Vineyard.
Spurwing Plover says
The Democrats a re opposed to American Citizens being allowed to defend themselves from Invaders ,Intruders .Trespasser that’s why they want too disarm us as well their all part of the One World/Globalists plans of Open Borders and No Borders
Ugly Sid says
Uppity white guys clinging to the past deserve the back of the hand of the criminal justice system for being uppity white guys clinging to the past.
Profiling works. His race must be held accountable. Fortunately, they’re easy to spot. Their pinkness is prima facie conclusive evidence. Call it their dead giveaway.
Andrew Blackadder says
Sid most certainly has an ugly mind as the poor wee fella is mercifully free from the ravages of intelligence .
I read Sid’s post as sarcasm.
Andrew Blackadder says
His mistake was calling the Cops instead of burying the body on his Ranch and later setting it on fire.
Spurwing Plover says
Liberal Democrats would make Armed Self Defense a Crime because they lose too many voters and supporters when armed robber is killed by a armed citizen like what happened in Texas recently