Murder suspect takes stand in own defense
From the Collection: Alexander Weiss murder trial in Rochester series
A Rochester man repeatedly told the jury he did not feel safe and was extremely frightened before he shot and killed a 17-year-old last winter following a vehicle accident.
Alexander Weiss, 26, took the stand in his own defense Friday morning, May 3, in the fourth day of his trial in Olmsted County District Court.
Weiss has pleaded not guilty to a second-degree murder charge, in connection with a Jan. 14, 2018, confrontation between Weiss and Muhammed Rahim after a minor automobile crash involving Weiss’ Subaru and the Chevrolet Cavalier Rahim was driving. Weiss claims he acted in self-defense.
During the course of the day Friday, jurors learned why Weiss obtained a permit to carry a gun and what he saw transpire in the minutes before he pulled the trigger that January morning.
Permit to carry
Weiss testified that he sought his permit to carry after several incidents that occurred near him in Rochester. He said he was “fearful of what was going on around me.”
Those incidents included what he described as bloody and violent fights at Rochester Technical Community College and drug activity in the apartment building where he lived after first moving to Rochester from Pine Island.
“I would see people acting suspiciously. I did not feel safe,” Weiss said.
Weiss said that he learned about the state’s use of force laws for civilians while taking his gun permit class.
One shot
On the day of the shooting, Weiss was on his way from his apartment in Olympik Village to Cannon Falls to officiate a youth basketball game. He said he saw a car traveling too fast fly through an intersection, slide laterally and smash into the curb.
Weiss said he pulled past the car and then stopped as he said he wanted to make sure everyone inside the other car was OK. He was still in his own car when he heard the other car’s engine rev and then it “slammed” into him, Weiss said.
Weiss said he got out of the car and it appeared to him as though the other car was starting to drive down the road. Weiss continued to walk toward the car to try and get the license plate. A passenger got out and Weiss said he was expecting to talk to the person and exchange information but the person, later identified as Noah Dukart, was yelling, had his shoulders up and his fists balled.
Dukart was swearing at Weiss and so Weiss said he started to backpedal, to retreat, back to his car. Weiss said that when he told Dukart he was going to call the police, Dukart got more enraged.
Weiss said Dukart threatened to kill him.
“I was extremely frightened,” Weiss told the court
Weiss reached his car, which he had left running with the driver’s door open. He reached in to grab his phone from the center console and then grabbed his gun out of the glove box. Weiss said he grabbed his gun because he was scared and in case Dukart went through on his threat to become physically violent before police arrived.
When Weiss stood up from reaching inside his car, he said he was startled to find Dukart nearby. Weiss said he took a step back against his car and told Dukart to stop. Weiss took a few steps toward the back of his car, in what he said was an effort to create space between himself and Dukart. Weiss said he again told Dukart to stop and told Dukart he had a gun.
Weiss pulled his gun from his pocket and displayed it at his side. He said Dukart paused and then Weiss noticed another person, later identified as Rahim, yelling and approaching him.
Weiss said he put his gun back in his pocket and pulled out his phone to try and call police But he said he wasn’t able to call 911 because his phone didn’t react to his gloved hand. Rahim, Weiss said, continued to approach and yell.
“He said he was going to beat my ass and that they were going to mess me up,” Weiss said.
Weiss said Dukart started to rejoin the confrontation as well. Weiss said he continued to try and create distance between them and, after clearing his car, backpedaled toward the side of the car.
“I was extremely concerned and afraid,” Weiss said. “There were two men erratically behaving, threatening to kill me, blame everything on me.
Weiss said Dukart was on one side of him and Rahim was on the other side when he tried to call 911. Weiss said he believed the call was unsuccessful. The call had actually gone through, but Weiss did not know it.
He said he turned his attention back to Dukart and Rahim. Weiss said Rahim was within five feet of him and started to get a bit more forceful. It was then that Weiss pulled out his firearm again and displayed it at his side. Dukart reacted, but Weiss said Rahim acted as if it didn’t happen. Rahim continued to approach and Weiss said he told Rahim that if he didn’t stop, Weiss would detain him.
Weiss said Rahim laughed, spit on his face, bumped him and attempted to push his firearm and grab at it. Weiss said that after Rahim tried to take the gun, Weiss held the gun level at Rahim, chambered a round and took a two-hand stance.
He said he saw Rahim move his right arm and Weiss shot once.
“I wanted him to stop,” Weiss said. “I was trying to prevent him from taking my firearm.”
DNA evidence
Before Weiss took the stand, McKenzie Anderson a forensic scientist with the Minnesota Bureau of Criminal Apprehension, testified that a swab taken from the muzzle and front slide of Weiss’ gun contained a mixture of three or more people’s DNA. One of those people was Weiss, she said. She could not determine the others. Rochester Police Officer Brian Roussell told the jury in his testimony earlier in the week that he had touched Weiss’ gun bare-handed when he removed it from Weiss’ pocket during the initial response.
Swabs taken from the grip and slide of Weiss’ gun contained a mixture of four or more people’s DNA, but Anderson said all were insufficient to determine to whom it belonged.
The swab taken from Weiss’ face where he had said Rahim spit on him was found to only have Weiss’ DNA, Anderson testified.
Sgt. Steven Thompson was called back Friday afternoon to testify again for the prosecution but during cross-examination clarified that the swab of Weiss’ face was taken later in the morning of the incident, after Weiss had been interviewed and after Weiss’ was seen crying with his head in his hands after learning Rahim had died.
Weiss testified that when he learned Rahim died, he was “devastated.”
“I thought he was still alive,” Weiss said.
During cross-examination by Woodford, Weiss told the jury he typically carried his gun with him and openly carried on his job as an assistant officer manager for a construction company.
Weiss was also questioned about one of the four bumper stickers on his car. It said “gun control means hitting your target.” McGeeney later questioned Weiss about the three other bumper stickers—– one was about welfare, the other about liking black labs and the third about supporting police.
Woodford also questioned Weiss on the description he gave police that day about the physical contact he had with Rahim.
Weiss reportedly told officers that day, “I don’t know if I’d call it a push.”
When questioned by Woodford, Weiss said he had been worried that Dukart and Rahim would knock him out, beat him and then the two girls in Rahim’s car would join in.
Jurors learned that about 90 seconds passed between when Weiss got his gun and fired the shot.
Weiss did not suffer any physical injuries.
As part of the defense’s case, McGeeney called a Rochester police officer who had previously testified, Roussell, and Sgt. Eric Boynton, who interviewed Dukart. Jurors were given special instructions regarding the consideration they should give to Boynton’s testimony about what Dukart said during the interview on the day of the shooting.
Jurors were dismissed Friday afternoon and told to return Monday afternoon. Before leaving, the 10 women and four men of the jury were cautioned not to discuss the case during the weekend. Judge Joseph Chase told the jurors that on Monday afternoon they would receive their instructions and hear closing arguments before they would begin their deliberations. If the jury does not reach a verdict Monday night, Chase said they would be sequestered.
