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The ruling prevents the state from retrying case against George Kelly in the Jan. 30, 2023, shooting death of an illegal Mexican immigrant.
Santa Cruz County Superior Court Judge Thomas Fink will decide whether to dismiss the case without the opportunity for a new trial.
People close to the case say George Alan Kelly and his wife have lost nearly everything, including a sense of belonging in the community they considered home.
The jury is set to begin deliberating following closing arguments on April 18.
In a law enforcement video, George Alan Kelly said he shot over the heads of a group of men in tactical clothing trespassing on his property.
Wanda Kelly says she saw two men carrying long rifles before her husband went out to investigate.
George Alan Kelly is accused of fatally shooting Gabriel Cuen-Buitimea as he was trespassing on his property.
