Arizona Rancher’s charges downgraded for alleged killing of illegal immigrant

Arizona rancher George Alan Kelly, who was initially charged with first-degree murder for killing Gabriel Cuen-Butimea on January 30 at his home in Nogales, has had his charges downgraded to second-degree murder.

Kelly appeared in court on Monday with his wife to hear the new charge against him.  Kelly has pleaded not guilty to second-degree murder.

Despite the pleas of Kelly’s lawyers to ask for more time, Judge Thomas Fink set a trial date of September 6^th.

Kelly contacted Border Control on the 30^th stating that there was a gang of migrants on his property.  Kelly admitted to firing several warning shots, but said he took care to ensure he didn’t hit any of the men.

Kelly’s lawyer Brenna Larkin hit out at prosecutors for demanding a first-degree murder charge before a full investigation could be carried out.

In a document filed by the defense, they stated that one of the men “pointed an AK-47” at Kelly.

The prosecutors are steadfast in their belief that Kelly shot an “unarmed” man in the back “in an unprovoked attack as he ran for his life.”  The prosecutors also deny that the man was armed.

Kelly was released on bail after posting a $1 million bond on February 22nd after a court appearance in which Judge Emilio Velasquez agreed to the bond and converted it from cash to surety.

The bail money was collected from a Christian crowdfunding company called GiveSendGo.

GoFundMe did not allow Kelly to personally appeal for the money.