Border rancher charged with murder rejects plea offer
George Alan Kelly has a trial date in late March after an appeals court ruled prosecutors can depose his wife.
TUCSON, Ariz. (13 News) - The Arizona rancher charged with murder for the shooting death of a border crosser on his property has a new trial date. George Alan Kelly rejected a plea agreement and his trial will now resume after a court of appeals ruled that prosecutors can make his wife testify against him.
George Kelly will likely have a three-week murder trial at the Santa Cruz County Superior Court starting in late March, after allowing a plea offer to expire.
“Yes, I’m here,” said George Kelly, who attended his status hearing remotely, as he responded to the Honorable Thomas Fink of the Santa Cruz County Superior Court.
“Well very well, thank you, it’s good to have you with us,” Judge Fink responded.
The 75-year-old rancher learned his new trial date, which will be March 21st.
Kelly is charged with second-degree murder and aggravated assault for the shooting death on his property of Gabriel Buitimea, from Nogales, Sonora, last January.
“Just so you know, I wanted a date that’s far enough in advance of when the mandate came back from the court of appeals which I think is in mid-December but to provide the parties sufficient time to prepare for trial,” Judge Fink said.
The trial was set for September 2023 but prosecutors asked an appeals court to decide if Kelly’s text messages can be admitted as evidence and if his wife, Wanda, can be deposed about events after the shooting.
“I just want to get on the table what remains to be done as far as the parties are concerned from their perspective prior to trial,” Judge Fink said.
He ruled against accepting those items into evidence, but the appeals court said Judge Fink must reconsider the text messages and that he must allow prosecutors to depose Wanda Kelly.
“Obviously the court has to rule on what the court of appeals dealt with which is to order an additional period of time for the deposition of Mrs. Kelly, Mr. Kelly’s wife, and also we have to have an additional hearing on the 404B issues regarding the text messages,” Hon. Thomas Fink said.
Kelly also allowed a plea offer of negligent homicide to expire that would have carried a maximum sentence of eight years. Now, if convicted of murder, he could face up to 23 and a half years in prison.
“Yes, your honor, we have discussed that plea with Mr. Kelly. It is his intention to reject that plea,” said defense attorney Brenna Larkin, who also attended remotely.
The trial starts with two days of jury selection and will have eight jurors and four alternates.
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