Arizona rancher George Alan Kelly will not face a retrial following a mistrial declared by the judge due to the jury’s inability to reach a verdict in his case involving the fatal shooting of Gabriel Cuen-Buitimea, an unarmed migrant on his property near the U.S.-Mexico border.

Kelly, who faced charges of second-degree murder and aggravated assault, was involved in the incident that occurred on Jan. 30, 2023. A hearing will be scheduled to determine if the case will be dismissed without prejudice.

Cuen-Buitimea, a 48-year-old resident of Nogales, Mexico, had a history of illegal entry into the U.S. and had been deported multiple times, most recently in 2016.

According to court records, Cuen-Buitimea was among a group of men on Kelly’s property, with prosecutors alleging that Kelly recklessly discharged an AK-47 rifle toward the group, approximately 100 yards away. Kelly claimed he fired warning shots in the air out of fear for his safety, his wife’s safety, and to protect his property, denying aiming directly at anyone.

During the trial, it was revealed that Kelly fired nine shots toward the group, resulting in Cuen-Buitimea sustaining three broken ribs and a severed aorta, although no bullet was found at the scene. Despite the confrontation, the other migrants present managed to escape back to Mexico unharmed.

The trial, which began on March 22, involved jurors visiting Kelly’s large cattle ranch spanning nearly 170 acres in Nogales, Arizona. Prior to the trial, Kelly rejected a plea deal that would have reduced the charge to one count of negligent homicide in exchange for a guilty plea.