Wanda Kelly took the stand this week at Santa Cruz County Superior Court, where a murder trial for her husband, George Alan Kelly, continues to unfurl.
Her testimony marked a turning point for the jury trial: Wanda Kelly appears to be the only witness who was present inside the couple’s residence when her husband allegedly opened fire outside the home on Jan. 30, 2023.
George Alan Kelly, 75, was arrested that night after he led law enforcement agents to a body on the Kellys’ Kino Springs ranch. The property sits about a mile-and-a-half north of the U.S.-Mexico border. The deceased man was later identified as 48-year-old Gabriel Cuen Buitimea, a Mexican citizen.
Prosecutors allege that Kelly opened fire on unarmed, undocumented migrants walking through his property.
Kelly’s defense attorneys, however, say their client fired defensive warning shots into the air after he heard a gunshot and was threatened by armed men on his property. Kelly’s attorneys also assert that his shots did not kill Cuen Buitimea, who was found more than 100 yards away from his residence.
On Wednesday, Wanda Kelly’s testimony coincided with the latter chain of events.
For hours, the Kino Springs woman answered questions from the prosecution and defense, walking jurors through her recollection of Jan. 30, 2023. At several points, she conveyed exasperation as Deputy County Attorney Kimberly Hunley pointed to several discrepancies between Wanda Kelly’s previous statements and her testimony that morning.
“That night was so confusing,” Wanda Kelly said at one point. “I could have told you that the sun rose in the west, because I was so mixed up.”
During cross examination, defense attorney Kathy Lowthorp pointed to factors like confusion and stress as potential reasons for any discrepancies in Wanda Kelly’s testimony.
“Did you try to tell the truth to the best of your ability?” Lowthorp asked Wanda Kelly.
“Yes,” Wanda Kelly replied.
‘Here’s a warning’
On the afternoon of Jan. 30, 2023, Wanda Kelly said, she and her husband were inside their residence when George Alan Kelly cautioned his wife to be quiet.
“And then he said, ‘I just heard a shot,’ ” Wanda Kelly stated on Wednesday.
Wanda Kelly said she hadn’t heard the gunshot herself, but added that she’d been wearing worn-down hearing aids.
Next, Wanda Kelly told jurors, she peered through a window and noticed two men hauling large backpacks, carrying rifles and walking parallel to the residence.
In a past deposition with county prosecutors, Wanda Kelly stated that the men had been about a football field’s length away – more than 100 yards. But on Wednesday, she described a different distance.
“They were actually close. And I can remember telling you that they were about a football field away. But that is incorrect. Because I haven’t been on a football field for 34 years, and the only ones I’ve seen are on TV,” Wanda Kelly told Hunley.
Continuing her testimony Wednesday, Wanda Kelly said the men were about 100 feet away.
Next, Wanda Kelly said, her husband instructed her to call U.S. Border Patrol.
Wanda Kelly handed her husband the phone, she told jurors, allowing George Alan Kelly to speak with BP Ranch Liaison Jeremy Morsell.
Then, George Alan Kelly went outside, Wanda Kelly told jurors.
“What did he have with him?” Hunley asked.
“His AK,” Wanda Kelly answered.
Next, Wanda Kelly testified, she heard gunshots. She couldn’t see her husband at the time, she told Hunley, but she assumed the shots had been fired by her husband.
“And why did you assume that?” Hunley asked.
“Because that’s what he does when he knows there are trespassers close,” Wanda Kelly replied. “He shoots up into the air: Here’s a warning, you’re close enough, go home.”
Still, Wanda Kelly said, she was hesitant to look out the window – fearful, she told Hunley, that her husband had been shot. She finally looked outside, she said, and saw her husband walking toward their barn.
Law enforcement arrived, Wanda Kelly said, and after speaking with them, her husband left the house again to feed his horse and dogs. He returned to the house, Wanda Kelly said Wednesday.
“What did he tell you when he came back?” Hunley asked.
“That the dogs found a dead body,” Wanda Kelly replied.
Direct examination
During Wednesday’s examination, Hunley questioned several points of Wanda Kelly’s testimony.
On the stand that morning, Wanda Kelly estimated she’d heard five or six shots. But in a previous interview with a detective, Hunley asserted, Wanda Kelly had described only four shots. Approaching the stand, Hunley handed over a transcript of the interview.
“I don’t, I was not counting. My husband was out there, facing these guys with guns. And you think I’m going to stand there and count how many times I hear a shot?” Wanda Kelly asked. “You’re crazy.”
At another point, Hunley asserted that Wanda Kelly had previously told two deputies and a Border Patrol agent that she’d seen five men on the ranch – not two. The witness, however, pushed back, stating she’d described two men consistently in her statements.
In another instance, Hunley asked Wanda Kelly whether she purposely withheld information when speaking with a detective early on in the case. On Wednesday, Wanda Kelly said her husband had informed her that their dogs had discovered a body. But during an earlier interview with a detective, Hunley asserted, Wanda Kelly had not mentioned that detail.
“You told (the detective) no one had told you what had happened on your property,” Hunley asserted.
“Because no one had,” Wanda Kelly responded. “(George Alan Kelly) had. But no one had. Police officers did not. They didn’t tell me why they were on my property. They didn’t tell me what they were looking for. And I’m not going to just jump in and say things.”
Cross-examination
Kathy Lowthorp, an attorney representing George Alan Kelly, cross-examined Wanda Kelly throughout Wednesday afternoon, asking the witness whether she’d previously noticed armed men on her ranch.
Wanda Kelly said she’d started noticing frequent groups of armed men beginning in December 2020 or early 2021. (In a July 6 deposition, Wanda Kelly, told county prosecutors that she’d noticed more illegal activity in the area immediately after Biden was elected. Shortly after his victory, Wanda Kelly said at the time, she saw men walk by her house with guns.)
Last week, another witness who owned property near the Kellys’ ranch also testified that he’d observed armed men in the area, though he said he hadn’t seen them recently.
Addressing Wanda Kelly, Lowthorp asserted that the defendant’s wife “must be torn” between “wanting to cooperate with the law … and protecting your own husband.”
“Being a little bit older. Being more confused. Between your hearing and just what was going around you, the stress. You think you did the best you could?” Lowthorp asked Wanda Kelly, in reference to the witness’s past statements.
“Yes,” Wanda Kelly answered.
“Was there anything you were hiding?” Lowthorp asked.
“Hiding? No,” Wanda Kelly replied.
Touching on the issue of distance, Lowthorp also asked Wanda Kelly whether any law enforcement officer had specifically asked her where she’d seen the men.
“No,” Wanda Kelly said.
“So you guessed?” Lowthorp asked.
“So I guessed,” Wanda Kelly replied.
Wanda Kelly’s testimony lasted into Thursday. The trial is set to resume Friday, and could last for two more weeks, according to the Superior Court calendar.
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By Angela Gervasi Nogales International , www.myheraldreview.com
www.myheraldreview.com – Vivrr Local Results in news of type article , 2024-04-05 00:15:00
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