NOGALES, Ariz. – Rancher George Alan Kelly will have to wait longer to learn if the second-degree murder charges against him will be dropped.
Superior Court Judge Thomas Fink will rule later on arguments made in court today.
Kelly was charged with the shooting death of a Mexican National crossing his ranch.
He admitted firing warning shots but denied hitting and killing Gabriel Cuen-Buitimea.
A bullet was never recovered for investigators to try to match to Kellys rifle. His attorneys suggested someone else, possibly a smuggler, fired the shot that killed the man.
Last month, a jury could not agree on a verdict for Kelly. The mistrial gives prosecutors the option to try the case again. For now, they have asked for the judge in the case to dismiss the charges, but dismiss them without prejudice.
Thats a legal term that allows prosecutors to refile the case if circumstances change, leading them to believe a new trial might yield a conviction.
Kellys defense attorney is arguing to dismiss the case with prejudice.That would forbid the state from filing the case again.
Prosecutors argued they might be able to find new witnesses or even find new evidence in statements Kelly makes to the media.
Kellys defense argued that as Kelly and his wife grow older they will be less able to remember events and defend against a new prosecution.
Judge Fink did not mention a timeline on when he might rule.