Please ensure Javascript is enabled for purposes of website accessibility

Rancher won’t be retried in fatal shooting near border

PHOENIX — Prosecutors said Monday they will not retry an Arizona rancher whose trial in the fatal shooting of a Mexican man on his property ended last week with a deadlocked jury. The jurors in the trial of George Alan Kelly were unable to reach a unanimous decision on a verdict after more than two days of deliberation. Santa Cruz County Superior Court Judge Thomas Fink declared a mistrial on April 22. After the mistrial, the Santa Cruz County Attorney's Office had the option to retry Kelly — or to drop the case. "Because of the unique circumstances and challenges surrounding this case, the Santa Cruz County Attorney's Office has decided not to seek a retrial," Deputy County Attorney Kimberly Hunley told Fink Monday. Fink agreed to dismiss the case. He said a hearing would be scheduled later to determine if it would be dismissed with prejudice, which would mean it couldn't be brought back to court. Kelly's defense attorney Brenna Larkin told the judge that she would file a request that the case be dismissed with prejudice. Larkin did not immediately return a request for comment sent by email after the ruling. When a reporter from the Tucson TV station KGUN asked for Kelly's reaction outside the courthouse, he said he felt "relief." "The nightmare's over," Kelly added, saying that the victim's family "has my sincere sympathy." Kelly was trailed by protesters demonstrating on behalf of 48-year-old Gabriel Cuen-Buitimea, who was fatally shot on Jan. 30, 2023. "Gabriel was a human being," said one sign carried by protesters. "Someone walking 100 yards away is not a threat," read another, which called for a retrial. The 75-year-old Kelly had been on trial for nearly a month in Nogales, a city on the border with Mexico. The rancher had been charged with second-degree murder in the killing outside Nogales, Arizona. Cuen-Buitimea had lived just south of the border in Nogales, Mexico. He was in a group of men that Kelly encountered that day on his cattle ranch. His two adult daughters, along with Mexican consular officials, met with prosecutors last week to learn about the implications of a mistrial. The Mexican Consulate in Nogales, Arizona, said it would have a statement later in the day. Prosecutors had said Kelly recklessly fired nine shots from an AK-47 rifle toward a group of men on his cattle ranch, including Cuen-Buitimea, about 100 yards (90 meters) away. Kelly has said he fired warning shots in the air, but argued he didn't shoot directly at anyone. The trial coincided with a presidential election year that has drawn widespread interest in border security. During it, court officials took jurors to Kelly's ranch as well as a section of the U.S.-Mexico border. Earlier, Kelly had rejected an agreement with prosecutors that would have reduced the charge to one count of negligent homicide if he pleaded guilty. Kelly also was accused of aggravated assault of another person in the group of about eight people.

$34.6 million verdict: Patent infringement case protects, rewards SC company

Action: Infringement Injuries alleged: Patent infringement with trade dress allegations Case name: GeigTech East Bay LLC v. Lutron Electronics Inc. Court/case no.: U.S. Southern District of New York / 18 civ 5290 Judge: Colleen McMahon Amount: $34.6 million Date: March 15, 2024 Most helpful expert: Douglas Kim, patent attorney, of Kim, Lahey & Killough, Greenville Attorneys: Gary Sorden of Cole Schotz, Dallas (for the plaintiff); Scott W. Breedlove of Carter Arnett, Dallas (for the defendant) GeigTech East Bay, a South Carolina company that makes modern window shades, obtained U.S. Patent No. 10,294,717, for a "shade bracket with concealed wiring" on May 21, 2019. The patent was originally filed by Richard J. McKenna of Foley & Lardner, Milwaukee, and obtained by Douglas Kim, a registered patent attorney, of Kim, Lahey & Killough, Greenville. GeigTech filed a federal patent infringement complaint with trade dress allegations against Lutron Electronics Co. Inc. One of the tactics Lutron used to try to invalidate the patent. However, the patent written by Kim withstood two challenges in the United States Patent Trial and Appeal Board and a jury trial. On March 12, the jury returned a verdict stating that Lutron had infringed on GeigTech’s patent and awarded $34.6 in damages. According to the jury verdict form, “Lutron opted to poach (GeigTech’s) patented designs and intellectual property to try and remain competitive in a segment of the market that (GeigTech) cornered.” As the finding of infringement was willful, GeigTech can ask the judge to triple the damages.

Defense verdict: Jury turns back lawsuit from pandemic-inspired claim

Action: Breach of contract and violation of South Carolina Unfair Trade Practices Act Injuries alleged: Breach of contract, unfair trade practice act, breach of warranty Case name: HHBC Inc. v. Jamis Bicycles Court/case no.: Beaufort County Common Pleas / 2021-CP-07-00143 Judge: Bobby Bonds Injuries alleged: $1.03 million (subject to tripling and addition of attorney’s fees to an estimated $4.5 million) Date: March 19, 2024 Most helpful expert: George Durant, CPA, Columbia Attorneys: Ashley Twombley and Thomas Iandoli of Twenge + Twombley, Beaufort (for the defendant); John Bowen of Laughlin & Bowen, Hilton Head (for the plaintiff) In 2021, plaintiff Hilton Head Bicycle Co. sued Jamis Bicycle Corp., alleging defendant breached a bicycle supply contract and caused plaintiff more than $1 million in damages. Plaintiff further alleged that the manner in which defendant breached the contract violated the South Carolina Unfair Trade Practices Act, allowing plaintiff to seek treble damages and attorney’s fees. The total exposure was estimated to be $4.5 million. A central issue at trial involved the unforeseen effects of COVID-19 pandemic on the supply chain, and whether these effects excused defendant from the alleged breach. This is one of the few known jury verdicts dealing with the unforeseen effects of COVID-19 and the South Carolina Uniform Commercial Code’s “commercial impracticably” provisions. Another central issue involved plaintiff's alleged damages, which were ultimately limited by the trial court judge before being presented to the jury. When plaintiff’s damages were presented to the jury, defendant alleged plaintiff’s damages claims were not supported by sufficient documentation (a calculation methodology, receipts, invoices, etc.) and amounted to little more than a homemade list of numbers set forth on a single sheet of paper. In closing arguments, plaintiff’s counsel Ashley Twombley argued, “My children have prepared Christmas list with more detail than this wish list prepared by .” After a six-day trial, the jury returned a unanimous verdict in favor of defendant, concluding it did not breach the contract, and that plaintiff was not entitled to any damages.