PHOENIX (AP) — Mexico’s top official in the Arizona border town of Nogales said Tuesday his country is displeased that prosecutors in the U.S. won’t retry an American rancher accused of fatally shooting a Mexican man on his property.

Prosecutors had the option to retry George Alan Kelly, 75, or drop the case after the jury deadlocked on a verdict last week and the judge declared a mistrial.

“This seems to us to be a very regrettable decision,” Mexican Consul General Marcos Moreno Baez said of the announcement a day earlier by the Santa Cruz County Attorney Office.

“We will explore other options with the family, including a civil process,” Moreno said, referring to the possibility of a lawsuit.

Kelly had been charged with second-degree murder in the Jan. 30, 2023, shooting of Gabriel Cuen-Buitimea, 48, who lived just south of the border in Nogales, Mexico.