An elderly Arizona rancher accused of shooting and killing an illegal immigrant from Mexico trespassing on his property has pleaded not guilty to second-degree murder.

George Alan Kelly, 74, was initially charged with first-degree murder after allegedly fatally shooting an illegal immigrant believed to be 48-year-old Gabriel Cuen-Butimea, Fox News reported. The migrant had been deported multiple times before he was killed, The Daily Mail reported, most recently in 2016.

A judge late last month announced that the murder charge would be reduced to second-degree. On Monday, Kelly pleaded not guilty during his arraignment, the New York Post reported.

Judge Thomas Fink set Kelly’s trial date for September 6, even though Kelly’s attorney, Brenna Larkin, requested a two-month continuance to interview her own experts. She also cited an additional search warrant recently executed at Kelly’s property.

Larkin told The Daily Wire that she couldn’t comment on the case to the media but did say, “we cannot try this case in the press, or in any place that is outside of the courtroom,” and that the defense is “confident that Mr. Kelly is an innocent man, based on his long history of law-abiding behavior, and based on the uncontroverted facts of this case.”

Kelly was released from prison on February 24 on a $1 million bond. His defense alleges that he only fired warning shots from his firearms into the air and not at any individuals, the New York Post reported. Kelly reportedly told this to investigators, saying he found Cuen-Butimea’s body on his property hours later while checking on his horse, claiming he saw men with AK-47s on the property.

Larkin said in court on February 22 that her client is being framed by human traffickers interested in “securing their route” through Kelly’s property and aiming to use his case as a warning to others who may wish to challenge them.

“Absolutely the least likely thing that happened in this case is that Mr. Kelly randomly decided to … start shooting at random people,” Larkin argued in court, saying there was a “large incentive” for witnesses to come forward and lie after “succumbing to pressure from traffickers.”

CLICK HERE TO GET THE DAILY WIRE APP

Kelly’s arrest comes as illegal border crossings continue to increase, with an estimated 5.5 million migrants crossing during the Biden administration so far, according to data from the Federation for American Immigration Reform.

Critics like New York Post columnist Miranda Devine pointed to the Biden administration’s failed attempts to secure the border.

“Government abandons the border, leaving elderly rancher and sick wife stuck in a lawless badlands run by cartels,” she tweeted, referring to Kelly. “So he uses his legal gun to protect himself from trespassers of unknown intent and now is in jail on $1m bail while his wife is home alone.”

Sen. Ted Cruz (R-TX) hammered President Joe Biden’s nominee to lead the Federal Aviation Administration, Phil Washington, on Monday, saying that he has no experience in aviation or aviation safety.

“What the Biden administration is doing here is they’ve nominated him because some Colorado Democrats care about putting him in this position,” Cruz said on a new episode of “Verdict.” “Several Democrats have expressed concerns.”

“And I got to say, look, let’s say you’re a Democrat senator and let’s say you’re up for re-election in 2024 as a whole bunch of them are. Do you really want to cast a vote to confirm an FAA Administrator with zero experience in aviation or aviation safety?” Cruz said. “You know, listen, if God forbid, in the next two years there’s an airline crash — and look, we’ve had a series of near misses. This position has not had a Senate-confirmed administrator in a year because the Biden administration doesn’t prioritize it.”

“Instead, they’re using it as a political benefit, as a gift, a patronage job,” Cruz continued. “Look, we ought to have an FAA administrator in there right now who knows what he or she is doing and is examining why are these near misses happening and how can we prevent them from happening? But if you’re a Democrat senator, and God forbid, there is an airline crash, do you really want to be going to your voters saying, ‘Yeah, I voted to put in place a guy who had no idea what he was doing. And now a bunch of people [have lost their lives]?'”

“The Biden White House is putting politics above the safety of you and your kids,” he added.

After serving in the Army for over two decades, Washington served as the CEO of Denver’s Regional Transportation District and as CEO of the Los Angeles County Metropolitan Transit Authority. In 2021, he became the CEO of Denver International Airport.

WATCH:

TRANSCRIPT:

SEN. TED CRUZ (R-TX): What the Biden administration is doing here is they’ve nominated [Phil Washington], because some Colorado Democrats care about putting him in this position. And they’re treating the FAA as patronage position, they’re treating it as just a spoils system. ‘Let’s stick a Democrat’ because this makes Democrat politicians happy. Both Democrat senators from Colorado, came to the came to the committee and introduced him and this is all about the Denver mayor was there, this big song and dance? This is all about, we’re giving a favor, a political favor. … I don’t think he’ll be confirmed. Several Democrats have expressed concerns. And I gotta say, look, let’s say you’re a Democrat Senator and let’s say you’re up for re-election i2024 as a whole bunch of them are. Do you really want to cast a vote to confirm an FAA Administrator with zero experience in aviation or aviation safety? You know, listen, if God forbid, in the next two years there’s an airline crash — and look, we’ve had a series of near misses. This this position has not had a Senate confirmed administrator in a year because the Biden administration doesn’t prioritize it. Instead, they’re using it as a political benefit, as a gift, a patronage job… Look, we ought to have an FAA administrator in there right now who knows what he or she is doing and is examining why are these near misses happening and how can we prevent them from happening? But if you’re a Democrat Senator, and God forbid, there isn’t an airline crash, do you really want to be going to your voters saying, ‘Yeah, I voted to put in place a guy who had no idea what he was doing. And now a bunch of people [have lost their lives]’ … Look what [the Biden administration] needs to do, they need to pull this nomination. And they nominate need ot nominate someone who’s qualified. And if they nominate someone who’s qualified, who has real experience in aviation safety, that person is going to get confirmed with a big bipartisan majority. We all want to see someone in the FAA who knows how to make air travel safe. And right now, the Biden White House is putting politics above the safety of you and your kids.