The judge overseeing the case of an Arizona border rancher who was unsuccessfully tried in the fatal shooting of a Mexican man on his property is considering whether to leave open the possibility of a new trial. Santa Cruz County Superior Court Judge Thomas Fink said he would mull over the prosecution's request to dismiss the case but keep the option for a new trial if new evidence or witnesses emerge. The judge has not yet made a decision on this matter.
A mistrial was declared on April 22 after jurors in the trial of the rancher were unable to reach a unanimous decision on a verdict. The Santa Cruz County Attorney’s Office now has the choice to retry the case or drop it altogether.
The prosecution has expressed support for dismissing the case now but wants to retain the option to retry it in the future if circumstances change. They have requested that the case be dismissed without prejudice, allowing it to be brought back to court if needed.
On the other hand, the defense attorney for the rancher has requested that the case be dismissed with prejudice, arguing against allowing the state to search for additional witnesses. The defense maintains that the state had a fair opportunity to present its evidence during the trial.
The 75-year-old rancher was on trial for nearly a month in Nogales, facing charges of second-degree murder in the death of a 48-year-old Mexican man who was fatally shot on the rancher's property. The incident occurred on January 30, 2023, when the rancher encountered a group of men, including the victim, on his cattle ranch.
Prosecutors alleged that the rancher recklessly fired shots from a rifle towards the group of men, while the rancher claimed he only fired warning shots into the air and did not aim directly at anyone. The trial took place amid heightened interest in border security during a presidential election year, with court officials even taking jurors to visit the rancher's property and a section of the U.S.-Mexico border.
