BISBEE, Arizona (NewsNation) — A 74-year-old Arizona rancher accused of murder is awaiting trial, but pending a Santa Cruz County judge’s assessment of various motions that might lead to a trial delay.

Santa Cruz County sheriff’s deputies testified in a motion hearing Wednesday for George Alan Kelly, who faces charges for the Jan. 30 shooting death of Gabriel Cuen-Buitimea, from Mexico, on his property.

Kelly asserts he fired shots not at them, but above a group of five men running through his property in camouflage, with backpacks and possibly rifles.

Despite being a murder case, no bullet was found in connection to the shooting.

Kelly suggests the man might have been killed in rival cartel activity on his property.

In the recorded audio of one of the responding deputy’s devices, Kelly acknowledges the frequent presence of people on this property. Deputy Lopez can be heard agreeing, noting Nogales’ reputation for human and drug smuggling.

The state’s key witness and the sole witness to the event who’s come forward resides in Mexico, and per the defense, committed perjury.

In February, the witness denied bringing drugs into the U.S. Kelly’s attorney, Brenna Larkin, submitted a memorandum of law citing the witness’s federal criminal record — revealing a prior conviction for smuggling marijuana into the U.S. in 2015, resulting in nearly 7 months of federal imprisonment.

The state argues his criminal history is unrelated to the current incident.

“It’s not relevant to a shooting death because in 2015 DRR and the two other defendants in that case were unarmed,” said deputy county Attorney William Moran II. “So what is a misdemeanor conviction of unarmed people almost a decade ago, what does it have to do with a shooting death in 2023 on the defendant’s ranch, it doesn’t.”

The defense’s request to change the venue was denied by the judge, who argued that it’s not possible to have an unbiased jury pool because they are constituents of the sheriff, who will likely testify.

The trial will remain in Santa Cruz County, where the incident took place, scheduled for Sept. 6. However, a potential trial delay may occur due to difficulties obtaining shooting reconstruction reports from state experts. A decision on this will be reached at the upcoming continuation hearing next Friday.

A significant motion for next week involves determining whether Kelly’s wife, Wanda, requires further deposition. The defense argues marital privilege, while the state seeks to reject this objection and compel Wanda Kelly to respond to questions.