Opinion
Arizona -(Ammoland.com)- On Sunday, on 14 January, 2018, a bit after 8 A.M., Alexander Weiss was on his way to officiate a basketball game in Rochester, Minnesota. The streets were slippery. Weiss saw another car spin out of control. He stopped to see if they needed assistance.
It turned out he occupants of the care were teenagers who were using illegal drugs. The car had been deliberately put into a “spin” for kicks. The driver of the car which had spun out backed up and hit Weiss car. The two male 17-year-olds got out of their car and acted aggressively toward Weiss. Weiss had a bumper sticker on his car that said “GUN CONTROL IS HITTING YOUR TARGET”. I wrote about it in 2018.
Weiss retrieved his phone and a 9mm pistol, for which he had a carry permit, and warned the aggressive teens he was armed. At some point, it appears one of the teens spit on Weiss. Weiss said Muhammed Rahim pushed him and tried to grab his pistol. Weiss shot Muhammed and immediately called the police. There is some limited surveillance video of the event. Muhammed was an immigrant from Iraq who came to the U.S. six years earlier. The case went to trial.
The bumper sticker was brought up in the trial.
The Jury was unable to reach a unanimous verdict, and a mistrail was declared. That was in June of 2019. The prosecution decided to re-try Weiss. They did so. On 22 October of 2019, another mistrial was declared, after the jury could not reach a unanimous decision. From myfox47.com:
ROCHESTER, Minn. (FOX 47) — On Tuesday, the jury for the Alexander Weiss case couldn’t reach a verdict, forcing Judge Joseph Chase to declare a second mistrial, turning this into a complicated process.
FOX 47 talked to Meshbesher and Spence Law Partner, Zach Bauer, a legal expert, independent from the case, to talk about what this means and what could be coming next.
He says in his experience, it would be rare and uncommon to see a case tried more than three times, but the future of the case is now in the hands of the prosecutor, whether they want to go through a third trial.
“There’s really no limits to the amount of times it can be retried,” said Zach Bauer.
Multiple trials are devastating to a defendant. They have to repeatedly pony up the expenses of a trial, over and over. The bumper sticker was brought up again at this trial.
Commenters about the case are split about the verdict as well, which explains the jury having a difficult time in reaching a unanimous verdict. It is unknown if the prosecution will seek a third trial. There has already been much punishment by the process.
One thing that played prominently in discussions of the trial and situation was that Weiss returned to his car to retrieve his phone and 9mm. It appears his actions would have been considered more justifiable in Minnesota if he had not returned to retrieve his phone and 9mm.
That element of thos case is a good reason to have your defensive firearms secured on your person at all times.
Several commentators observed that if Minnesota were a “Stand Your Ground” state, the trial would likely never have taken place.
Could Alexander Weiss have de-escalated? Should he have? It is not clear.
One thing is almost certain, Alexander Weiss wishes he had never stopped to try to help someone in distress. In this case, they did not want or need his help, and had deliberately precipitated the events he witnessed.
In the first trial, the surviving male witness testified for the prosecution. His testimony did not go well for the prosecution. In the second trial, the same man was forced to testify for the defense.
We will see if the Rochester prosecutor decides to conduct a third trial.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
Attack/bring charges on the good Samaritan? The man stopped his car and was trying to lend assistance to the kids. How many of us would want to have a guilty conscience of NOT helping the possibly injured? I am thankful that people stopped to help me when I had trouble on the hiway. Kids on drugs, feeling their oats purposely ramming the car of a man who only wanted to help. Where is mom and dad? Where are their morals? The only mistake the good Samaritan did was to not have his weapon on his person. The prosecutor should be… Read more »
Will, 10 4 !
And don’t get out of the car without it!
There should a case of malicious prosecution somewhere in this…
This is the BULLSHIT PART of our legal system..it should be double Jeopardy for this man to have to go back to trial..the prosecution could not convince a jury to find him guilty.. that should be the end of it..they should not be allowed to keep allowing the prosecution to strike different juries, until they get the results they want..they are trying to make this man go broke, with legal expense, so he will plea out..
Shooting a Muslim in Minnesota would seems to me to be a viable alternative to electing one (Omar) to Congress. Weiss deserves a medal and free ammo.
First, why was this no good muslim punk in our country anyway??? (to persue a better life?…BS!!) And why the hell does it matter what his bumper sticker said???
Jury trials are become a problem in America. The fact that there was a mistrial instead of a not guilty verdict to begin with indicates the jury had at least one activist that from the very start had decided guilt. Sometimes the courts weed them out, but most often they cunningly answer question specifically to get themselves on the jury. Knowing full well that Prosecutor’s will try it again and again till they get what they want. Perhaps a Judicial rule should be invoked that retrials can only happen if the Jury is 50% or more hung toward Guilty. I… Read more »
I would suggest that after a mistrial due to a hung jury should have to meet the same requirements as an appeal in order to be tried again. If there are no new developments, then the mistrial should stand.
This never should have gone to trial. Self defense is never a crime.
“Tried to grab his pistol”. Not guilty…
How much you WANNABET that the “judge” never advised the jury that NULLIFICATION can be used. Juries must start using NULLIFICATION when they can see a PROSECUTION is being done unlawfully.
Judges NEVER advise juries regarding nullification and will sanction attorneys and/or declare a mistrial if they even mention it. Nullification is a powerful tool at juries disposal but a juror must never disclose that that is why they are choosing to vote not guilty. If ever asked they must simply say “the State, in my opinion, did not prove its case”….PERIOD.
@Vanns40. Imagine that. A law you cannot mention, right along side words you cannot say anymore, like “lynching.” Unless, of course, you’re black and concoct a false lynching to try and save your career because that’s perfectly understandable. So why do I feel like I’m in a Johnny Depp movie where my ship is upside-down when right-side up, but only until I figure out how to right-side it back up from its upside-down position? It’s enough to drive any sane person loony.
@GO, The jury is composed of Minnesotans. I am from Mn. I know the population of Mn to be comprised of a very, very, high level of liberal fools.
@WB — Just look at the radicals this state keeps electing to office, to know this is true of them. I witnessed it first hand on 10 OCT 2019 at the Target Center, when confronting ANTIFA head-on. Which, of course, is why a two-ring circus becomes a three-right circus because now it’s complete with clowns and Buffoons. There’s not enough money in the world, that ever convince me to live in that state.
First off.. One cannot live in a bubble.. The Nationwide Activist prosecutions of Citizens exercising their right to defense has outside origins. There are many millions being spent to elect ideologically driven Prosecutors..Prosecutors who across the country already had a reputation for seeking the mote in the eye of every person exercising their Second Amendment Rights to include the Right to Self Defense. https://www.huffpost.com/entry/george-soros-prosecutors-reform_n_5af2100ae4b0a0d601e76f06 https://www.dailywire.com/news/california-prosecutors-call-out-george-soros-jeffrey-cawood There is a not so hidden hand and an agenda behind this. Is there a something that can be done to provide relief for the Law Abiding Citizen? Yes… There is a principle that is… Read more »
@OB —
Hear! Hear! I couldn’t agree with you more.
2 lessons learned from this situation by me.
1. never offer aid as a good samaritan.
2. always carry on your person.
No good deed goes unpunished.
Where can I donate to the Alexander Weiss defense fund?
Not sure, but I would try GoFundMe.
IIRC GoFundMe will not allow legal aid fund raising for firearm charges.
Never, ever put any gun related stickers on your vehicles.
@wjd
Two reasons. 1. Attorneys will try to use it to showcase “mentality” in court. This is likely what Phil is referring to.
2. If for some reason a new unconstitutional ban is put in place, Criminals (Whether working for the Government, or for themselves) will physically or use your license plate to trace you back so they can rob you of your firearms.
That being said, I currently have two on my vehicle. Molon Labe.
Never have , never will. Reason? Back in the day that just told thieves that they might get lucky breaking into my car. Today, same reason in addition to all those mentally ill liberals (I know, redundant) who might wish to harm a “gun owner.”
@RoyD
Ever look up some of the videos of people with Trump stickers on their cars and how they have been assaulted?
The progressive left is becoming more violent and unhinged. Mentally Ill is a good description. Ultimately, it wont matter if you have anything on your car or not. If they see you wearing clothing, they will make a note of what vehicle you drive and go from there. They already do it on twitter.
Me, I wont be silenced for any reason.
If someone wishes tp take exception to the clothes I wear then let the games begin. I will operate within the law. If they choose to act in the manner you suggest they have already chosen to not do so. Too bad for them.
I just realized that you can edit your post if you wish. Neat.
in salem, NH there are roads that cross into massachusetts and then back. methuen,MA cops used to sit on those roads, and look for cars with NRA or other pro-gun bumper stickers. they’d stop them, then use some pretense to search the car. any guns they’d find, they’d arrest the driver and keep the guns. no matter how the trial ended up you never got your guns back.
Hey Dean! Was not your spellchecker turned on? “It turned out he occupants of the care were teenagers who were using illegal drugs.”? Anyway, I can tell you that as a CCW recipient myself, I would have done exactly the same thing. No state has the right to tell you how and when you can defend yourself. Even so, there’s certain ammo I will not carry because of the way the manufacturer labels them, like “Zombie Killers” and whatnot because of how that label makes the bullet that much more menacing. Oh so scary bullets, or OSSB’s, kill more innocent… Read more »
A spell checker won’t catch a proper word, such as “he” when it should have been “the”. Thanks for pointing out the typo.
Dean, you’re so good, you snared me in a petard of my own making! And yet, still, you manage to write great articles. Thank you.
My Advise, Don’t STOP, not your JOB. I would however make a Call to LE let them handle it.
If that situtation causes a mis trial twice there is something deeply wrong with the people there. You cant just go fing around on drugs with a 3000 pound death machine, then hit a car of the person that tried to help you, then try to take stuff from them while physically assaulting them and think that’s not gonna get a self defense reaction. Should be clear cut, if he ran away the police would of arrested him for leaving the scene of a accident, and I’m sure he wanted his car repaired, they shouldnt even have charged him with… Read more »
Minnesota use to be known as the land of 1000 lakes. Now it is the land of 1000 muzzies, by square mile. This used to be a premier dairy farming, what the hell happened? I can see why the leftist loonies chose the west coast or the east coast but not the northern cold land. There is no beachfront property available and it stays cold most of the time. I think that if you are a natural born citizen resident then there is a target on your back.