Arizona judge denies request for retrial against George Allan Kelly

NOGALES, Ariz. (KYMA, KECY) - A retrial will not be sought against the Arizona rancher accused of killing a Mexican immigrant trespassing on his property.

Santa Cruz County Superior Court Judge Thomas Fink denied a request by prosecutors who had argued a possibility of a new trial.

The attorneys for George Allan Kelly said the case should be dismissed and the judge agreed, which means the case cannot be brought back to court after it ended in a mistrial back in April, with jurors unable to reach a unanimous verdict.

Judge Fink said justice would not be served by letting prosecutors wait for a tactical advantage to retry Kelly.