(NewsNation) — An Arizona rancher who authorities say fatally shot a Mexican citizen on his property is expected to make a court appearance Wednesday.
George Alan Kelly is being held on a $1 million cash bond. Investigators charged Kelly with first-degree murder after a man was found dead from a single gunshot wound on his Kino Springs property. Attorneys for Kelly say the shooting was “justified” and in “self-defense.”
According to court filings, while Kelly and his wife were eating lunch at their home on Jan. 30, Kelly saw a group of men, armed with AK-47 rifles and wearing khakis, camouflaged clothing and large backpacks, moving through the trees and around his home.
Kelly says he did not know the men or give them permission to come onto his land.
Fearing for his safety, Kelly says he called the U.S. Border Patrol Ranch Liaison, assigned to help people on borderlands, to ask for help. He told his wife to stay inside, then went onto the porch with his rifle.
Court documents filed by Kelly’s attorney say the leader of the armed group of men saw Kelly and pointed a gun “right at him.”
“Kelly, fearing for his life and safety, fired several shots from his rifle, hoping to scare them away from his, his wife, his animals and his home,” the court filings said. “As he shot, Kelly took care to aim well over the heads of the armed group of men.”
He says the group then ran into the desert surrounding his home. As Kelly checked on his barn, Border Patrol agents and sheriffs deputies arrived on the scene. They could not find the men on Kelly’s property.
Later that day, Kelly’s attorney says he went to the pastures to check on his horse and took his dogs with him. After finding his horse, court documents say he noticed his dogs were focused on a body lying face down in the grass near a mesquite tree.
To be able to find the body again, Kelly reported placing a lit flashlight on the ground and called Border Patrol again and helped them find the body.
Investigators recovered the body of a man believed to be from Mexico, who reportedly did not have any guns or a backpack on him but was wearing tactical boots and carrying a radio on him. A single gunshot wound was determined to be the official cause of death.
Kelly, who has lived on his ranch since 2008 and has worked in the community for more than two decades, admits to firing warning shots on his land but denies firing any shot directly at any person.
He faces charges of first-degree murder and two counts of aggravated assault.
Legal representation for Kelly has asked for the rancher to be released on his own recognizance or that his $1 million cash bond be reduced, calling it “clearly excessive.”
Kelly’s preliminary hearing is set for 9 a.m. Wednesday.