NOGALES, Ariz. (NewsNation) — An Arizona rancher accused of killing a Mexican man on his property near the U.S.-Mexico border was back in court Friday for an evidentiary hearing.

In a legal victory, prosecutors lowered the charge against George Alan Kelly, initially charged with first-degree murder, to one count of second-degree murder. They didn’t explain why during the hearing.

Prosecutors allege Kelly opened fire with an AK-47 rifle on about eight unarmed migrants he encountered on Jan. 30 on his ranch outside Nogales, striking the man who died in the back as he tried to flee.

Kelly has maintained that he shot in the direction of several individuals on his property that day, saying he shot 150 yards over their heads — not at them.

NewsNation talked with the 74-year-old rancher, who arrived alone at the courthouse, where he stuck to mostly “No comment” responses.

In addition to the one count of second-degree murder, Kelly is now charged with two counts of aggravated assault against two of the migrants. 

One of the two alleged victims came forward and testified Friday, identified only by his initials, D.R.R., to protect his identity.

He arrived at court in a hoodie pulled up over his head and a mask covering his nose and mouth.

D.R.R. testified that he and Gabriel Cuen-Buitimea, 48, the Mexican man killed on Kelly’s ranch, had paid for passage across the border from Nogales, Mexico, and were heading to Phoenix. 

He told the state that he had crossed the border six or seven times prior to this attempt on Jan 30, and that he was apprehended by Border Patrol every time and even served time in custody for illegal reentry.

The witness described the day he says he ran for his life as shots were being fired by a man he identified as Kelly. He said he was only one step behind Cuen-Buitimea.

He “grabbed his chest and fell back,” D.R.R. said through an interpreter.

D.R.R. said he knew Cuen-Butimea was dead and couldn’t help him, and they were still being fired at, so he ran back to the end of the wall, where they crossed and went back into Mexico.

Cuen-Buitimea was discovered unarmed, but he did have a radio and was wearing tactical boots.  

According to D.R.R.’s testimony, Cuen-Buitimea was wearing all tan clothing and boots with a camouflage backpack and bag.

D.R.R. also said that he had a meeting with the Santa Cruz County sheriff and a detective in Mexico that was set up by Cuen-Buitimea’s daughters.

Kelly’s attorney, Brenna Larkin, has said Kelly was being targeted by smugglers who were intimidating witnesses and skewing the investigation.

“Testimony is something that is bought and sold by drug traffickers the same way that drugs and people are bought and sold,” Larkin said. “In this case, the benefit they’re getting is security for their smuggling route through Mr. Kelly’s property, and they’re sending a message to anybody else defending his or her own property that if you defend your property against us, you will be arrested and there will be witnesses who come to stand against you.”

Multiple U.S. Border Patrol sources told NewsNation that Kelly had a reputation among the smugglers as someone who fires his rifle off when undocumented individuals are on his property.

Rodney Scott, a former Border Patrol chief, said Cuen-Butemea also had multiple prior deportations.

“Everything that I’ve seen, in my professional experience, would tell me that that guy was either a scout, or an actual guide for a group with a radio much more likely. He was probably scouting out in advance, or the frontman, if you will,” Scott said. “But that type of activity and behavior doesn’t take place out there. unless it’s part of the cartel.”

Nogales is in the Tucson sector, which is leading the nation in gotaways, and Kelly’s ranch sits on what the U.S. Border Patrol said is a major narcotics route. It’s an area notorious for extremely aggressive and violent smugglers.

“That has been a tough area to work for many, many years; the cartel operating in that area has had a propensity for violence,” Scott said.

He said he’s experienced the dangers firsthand.

“Good friend of mine was actually pinned down by automatic weapons fire for over 20 minutes while the cartel came and recovered the narcotics they were trying to smuggle in and got them and the people safely back to Mexico,” he recalled. “About a year later, two agents were working trafficking that same area, they were both actually shot by smugglers, same types of tactics.”

The shooting has stirred up emotions as the national debate over border security heats up with an eye toward the 2024 presidential election.

The Associated Press contributed to this report.