NOGALES, Ariz. — A jury has been unable to agree on whether a Santa Cruz County rancher is guilty or not guilty in the shooting death of a Mexican National Crossing his ranch so Judge Thomas Fink has declared a mistrial in the case.
On Friday, the jury reported to the court that they had reached an impasse, but Superior Court Judge Thomas Fink said that more deliberation was needed. Kelly’s attorneys have suggested Kelly’s bullet was not the one that killed the man, that instead border bandits shot and killed him to steal money and drugs.
None of the charges against Kelly claim he deliberatly killed the victim. Jurors have been asked to choose among Second Degree Murder, and lesser charges of Manslaugter or Negligent Homicide. All require Jurors to decide Kelly fired reckless or with negligence and a man died as a result.
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