As described by Dr. Ron Martinelli, a criminologist who worked pro bono for the Kelly defense team, “the state has already spent upwards of $1 million in pursuit of this [case] drawing from taxpayer dollars in the state’s poorest county in an area situated along the U.S.-Mexico border.”
What is surprising is how Kelly came to be charged in the matter, and why he was prosecuted for an action which could have been justified under Arizona’s “Stand Your Ground” law, which states that “(a) person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.”
If Kelly was legally justified to either threaten or use physical force to stop a trespasser, and there was no physical evidence to link Kelly to the deceased illegal alien found on his property, how did this hapless rancher come to be tried for this “crime” in the first place?
When we discussed this case in February of 2023, we noted that “Arizona has been discouraging property owners along the border from enforcing their property rights against illegal alien trespassers for years.” We also cited to a previous instance where a rancher was forced to give up his property to satisfy a judgment brought against him by an illegal alien shot while trespassing on his property.
According to Dr. Martinelli, “Santa Cruz County Attorney George Silva and Sheriff David Hathaway [exhibited] ‘extreme confirmation bias’ in their handling of the case…’This was a political prosecution,’ Martinelli added. ‘They had zero forensic evidence. They had tons of exculpatory information and evidence supporting Mr. Kelly’s innocence in this. Yet they continued to push forward and with their false narratives to convict this man. I would suggest, this is my opinion, that they used lawfare against him. I mean, they didn’t even have a motive that they were able to establish in this case.'”
Regarding Sheriff Hathaway in particular, there is some evidence for Martinelli’s allegations. Before the trial, Hathaway can be seen in a video interview accusing Kelly of being an “outsider” who came to Arizona to “hunt me some Mexicans.” At one point during the trial, “[t]he defense team questioned the [personal] involvement of Hathaway in this case when he normally doesn’t get involved.” Hathaway testified that “others in the department and county attorney’s office were hesitant to go to Mexico [to interview witnesses] while he has experience in other countries.”
While this may be true, it is equally a fact that Hathaway is a Democrat, elected Sheriff of Santa Cruz County in 2020, who has expressed his desire “to preserve the relationship with Mexico, which is essential for the community’s shared economic and cultural interests.” Hathaway has also stated that efforts to control illegal entry across the Southern border are unlawful, saying “he doesn’t support the placement of double-stacked shipping containers along the southern Arizona border as he does not believe there is an invasion…Hathaway said if the containers arrive in Santa Cruz County, he’ll arrest construction and security crews and charge them with ‘illegal dumping on public lands’…he would prefer a four-strand livestock fence along the border.”
In other words, the Sheriff of Santa Cruz County thinks Rancher Kelly is an “outsider” who “hunts Mexicans”; that the border is secure; that good relations with Mexico are essential; and was willing to travel across the border to find witnesses to testify against Kelly. All in a State that has a history of discouraging property owners from defending their land and their rights from illegal alien trespassers.
Sounds like justice was served despite the efforts of Sheriff Hathaway.
Judge John Wilson (ret.) served on the bench in NYC
Photo: Pixabay