George Alan Kelly listens to testimony during his preliminary hearing in Nogales Justice Court in Nogales, Ariz., Wednesday, Feb. 22, 2023. Kelly, faces a first-degree murder charge in the fatal shooting of Gabriel Cuen-Butimea, who lived just south of the border in Nogales, Mexico. (Mark Henle/The Arizona Republic via AP, Pool)George Alan Kelly listens to testimony during his preliminary hearing in Nogales Justice Court in Nogales, Ariz., Wednesday, Feb. 22, 2023. Kelly, faces a first-degree murder charge in the fatal shooting of Gabriel Cuen-Butimea, who lived just south of the border in Nogales, Mexico. “There is no justification for shooting an unarmed man in the back,” Hunley told the judge.