According to Fox News, George Alan Kelly, 73, is being charged with first-degree murder over the shooting death of a Mexican national and suspected illegal alien found dead on his property. The defense is also arguing that the January 30 shooting was not premeditated and was, in fact, an act of self-defense.
The report said he's being held in connection with the "shooting of a man whom authorities believe to be 48-year-old Gabriel Cuen-Butimea, based on the Mexican voter registration card he carried." The outlet adds that Kelly "had completed chores on his ranch near Kino Springs earlier that day and came to his house to have lunch with his wife when he heard a single gunshot as they ate, Kelly’s court-appointed attorney, Brenna Larkin, wrote in a recent court filing obtained by Fox News Digital."
The filing goes on to say that Kelly saw his horse, which is old, running away in apparent fear at a full gallop.
"Finally, he saw a group of men moving through the trees around his home. They were armed with AK-47 rifles, dressed in khakis and camouflaged clothing and carrying large backpacks," Larkin wrote. "None of them were known to him. He had not given any of them permission to come onto his land."
Due to the fact that he was "understandably concerned and reasonably feared for his safety, his wife’s safety, and his animals’ safety," Kelly phoned the U.S. Border Patrol ranch liaison that is assigned specifically to help Americans living in border regions in order to report what he saw and "to summon immediate help," Larkin noted further. He then told his wife to remain inside their home, to be quiet, and to stay away from the windows as he went onto his porch armed with a rifle.
"The leader of the armed group of men saw Mr. Kelly and pointed an AK-47 right at him," Larkin wrote. "Mr. Kelly, fearing for his life and safety, fired several 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. The group then began running into the desert surrounding his home. Once the group had fled, Mr. Kelly walked over to his barn to see if it was safe and secure."
Fox News Digital adds:
The filing notes Kelly had a second conversation with the Border Patrol ranch liaison that ended at approximately 2:36 p.m. Even though Kelly reported that he heard a single shot and that the men he had seen were armed, the liaison "incorrectly reported" that Kelly stated he could not tell whether the men were armed or not, Larkin wrote. The radio dispatch to the Border Patrol agents en route to the property at approximately 2:40 p.m. "correctly reported that armed men had been seen in the area."
While Kelly was checking his barn, a number of Border Patrol and Santa Cruz County Sheriff's deputies arrived at the property and encountered Kelly, who indicated to them that he had seen a group of armed men near his house, the filing says. Deputies also made contact with Kelly’s wife, who indicated that she had seen armed men carrying large backpacks near the house, Larkin wrote.
The law enforcement personnel walked "all over" Kelly's property but did not find anyone, according to the filing. The group used various cameras to try and locate the men but didn't.
Later, as he checked on his horse again, he discovered the body lying face down near a mesquite tree on his property, and he called the Border Patrol again. He admitted firing warning shots but said he did not fire directly at the men.
"The defense attorney added that it remains unknown what kind of bullet caused the fatal wound, what was the time of death, how long the body had been there or where and what position the person was in prior to receiving the fatal wounds," the report noted further.
If this is anyone's fault, it's that of Joe Biden, his worthless VP Kamala Harris -- who is in charge of the border -- and DHS Secretary Alejandro Mayorkas for refusing to do his job and enforce border laws.