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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.
Wanda Kelly says she saw two men carrying long rifles before her husband went out to investigate.
Prosecutors allege that George Alan Kelly opened fire when he saw a group of men trespassing on his property near the Mexico border, killing one of them.
