A judge on Tuesday dismissed with prejudice the case against George Alan Kelly, the Arizona rancher accused of fatally shooting an illegal immigrant who was traveling through his property along the Arizona-Mexico border.

“The interests of justice are not served by the dismissal without prejudice for case that cannot and will not be re-tried,” Santa Cruz County Superior Court Judge Thomas Fink said, according to 9 KGUN.

“The interests of justice are not advanced where the only thing to be accomplished by a dismissal without prejudice, where there is not possibility that a re-trial will occur, is the harassment of the Defendant.”

“For those reasons, the interests of justice call for finality,” Fink added.

The case against Kelly, who faced a second-degree murder charge in the death of Gabriel Cuen Buitimea and one count of aggravated assault with a deadly weapon for putting another man in danger, ended in mistrial in April after a jury was unable to reach a verdict.

The incident took place in 2023.

Prosecutors in April motioned to dismiss the case without prejudice, meaning if new evidence or testimony arises, the state could re-try Kelly.

Fink on Tuesday denied the request, citing Kelly’s age, 75, and failing health.

“A re-filing of these charges at a future date would place the defense at a significant disadvantage,” Fink wrote.

Fink also said too much time has passed for a retrial.

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