Arizona rancher George Alan Kelly will not be retried after deadlocked jury, prosecutors announce

April 29, 2024 at 17:23 PM EDT

The state announced on Monday that it has decided not to seek a retrial in the case of George Alan Kelly. The defense has asked to have the case dropped with prejudice.

George Alan Kelly, the Arizona rancher charged with murder in the shooting of a Mexican national on his border property, will not be retried, prosecutors with the Santa Cruz County Attorney's office said.

The state charged Kelly with second degree murder after he allegedly shot and killed a migrant, Gabriel Cuen-Buitimea, on his land in January 2023.

The decision not to retry Kelly comes a week after a mistrial was declared following a deadlocked jury.

Kelly’s defense confirmed to Fox News Digital that there was "one, lone holdout" juror who wanted to convict, while the remaining jurors sought an acquittal.

The jury began deliberating April 18. After days of being unable to reach a verdict, the judge overseeing the trial declared a mistrial on Monday.

This is a breaking story. Check back for more details.

Fox News' Danielle Wallace contributed to this report.