https://www.kold.com/2024/03/30/george-alan-kelly-trial-targets-his-rifle-deadly-bullet-missing/
George Alan Kelly trial targets his rifle, but deadly bullet missing
TUCSON, Ariz. (13 News) - The first week of testimony in the trial of rancher George Alan Kelly concludes with a forensic scientist’s analysis of Kelly’s rifle.
No bullet has been recovered from the single gunshot that killed Gabriel Cuen Buitimea Jan. 30, 2023, but the prosecution has been trying to show that the wound could have been made by Kelly’s AK-47.
The prosecution’s case is that Kelly fired nine rounds from his rifle and struck Gabriel Cuen Buitimea once, about 115 yards away. The bullet went through Buitimea’s body and was not recovered.
Forensic scientist Rick Wyant testified that the casings found on Kelly’s porch were in a location consistent with where Kelly could have been standing when he fired. He also testified the bullet wound was oval, not a circle, which is consistent with the bullet possibly hitting a branch as it traveled through heavy brush.
The ammunition has enough force for the bullet to travel through the body, even at that distance.
But without a bullet, the defense pointed out that there is no certainty about whose rifle killed Buitimea. Kelly’s attorneys have suggested Buitimea could have been a victim of other border violence.
Brenna Larkin, one of Kelly’s attorneys, finished her cross-examination of Wyant with this exchange:
Brenna Larkin: So, number one, you can’t prove who the shooter was, correct?
Rick Wyant: That’s correct.
Larkin: You can’t prove which firearm caused his wound, is that correct?
Wyant: Caused the wound? Correct.
Larkin: You can’t prove which type of ammunition caused this wound, correct?
Wyant: That’s true.
Larkin: You can’t prove which bullet caused this wound, correct?
Wyant: Also true.
Larkin: Can’t prove which direction the shot came from, correct?
Wyant: Correct.
Larkin: And we can’t prove how far away this shot came from, other than further than six feet away from this person, correct?
Wyant: Yes, that’s true.
Prosecutor Mike Jette began his redirect with Wyant with the following exchange:
Mike Jette: So when you use the word prove we’re talking about, I mean, with absolute certainty, this is the weapon used to kill this victim, right?
Rick Wyant: Yes
Jette: There’s no way for us to have absolute certainty because we don’t have the bullet, right?
Wyant: That is correct.