An Arizona judge declared a mistrial on Monday in the case of George Alan Kelly, a 75-year-old rancher accused of fatally shooting Mexican man Gabriel Cuen-Buitimea on his property near the U.S.-Mexico border. The decision came after jurors failed to reach a unanimous decision after more than two full days of deliberation. Kelly was charged with second-degree murder for firing nine shots from an AK-47 rifle toward a group of men, including Cuen-Buitimea, about 100 yards away on his cattle ranch. Kelly claimed he fired warning shots in the air and did not shoot directly at anyone.

The mistrial has sparked controversy and inflamed the national debate over immigration. Cuen-Buitimea, who had crossed into the U.S. from Mexico in search of work, was hit in the back by Kelly's gunfire. The trial coincided with a presidential election year that drew widespread interest in border security. The judge had instructed the jurors that if they could not reach a verdict on the second-degree murder charge, they could consider a lesser charge of reckless manslaughter or negligent homicide.

Consul General Marcos Moreno Baez of the Mexican consulate in Nogales, Arizona, expressed disappointment over the mistrial and stated that Mexico will continue to follow the case and support Cuen-Buitimea's family in their quest for justice. Kelly's defense attorney, Brenna Larkin, did not immediately respond to requests for comment after the ruling. The Santa Cruz County Attorney's Office can still decide whether to retry Kelly for any charge, or drop the case altogether. A status hearing has been scheduled for next Monday, where prosecutors may inform the judge of their plans. Kelly had rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty. The case has divided opinions, with some viewing Kelly as a victim and others condemning the killing as a humanitarian crisis.