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Minnesota: Weiss Case Dismissed, the Problem with Duty To Retreat
AmmoLand ^ | January 1, 2022 | Dean Weingarten

Posted on 01/06/2022 3:38:20 AM PST by marktwain

On January 14, 2018, in Rochester, Minnesota, Alexander Weiss stopped to help people who were involved in a traffic accident. He ended in a confrontation with aggressive teenagers. Muhammed Rahim was claimed to have grabbed for Weiss’ handgun. Weiss shot and killed him. Surveillance video caught most of the action.

Early in the confrontation, Weiss had an opportunity to drive away.

Alexander Weiss was prosecuted in two trials, six months apart.  Both trials ended with hung juries and mistrials.  In November of 2019, the prosecutor dismissed the charges.

Finally, in May of 2020, a judge granted a motion to expunge the charges and seal them from the public record. From kalltv.com:

27-year-old Alexander Weiss was charged with second degree murder and tried twice. Both time the jury was deadlocked and the judge declared a mistrial.

All charges against Weiss were dismissed in November.

A motion was filed in January for an expungement and was granted last month. His record still exists but is no longer public record.

In the first trial, the defending attorney believed a majority of the jury voted to find his client not guilty. After the second trial, it was revealed majorities of both juries voted to acquit. From the startribune.com:

The first jury was split 9 to 3 to acquit, and the second was either 8 to 4 or 7 to 5 to acquit, Ostrem said. In both cases, jurors took votes early in deliberations and were of the same opinion after deliberations.

A retired federal officer told me that a decision to retry a defendant, when there is a majority vote to acquit, is uncommon.

The decision to retry after a 9-3 vote to acquit is highly unusual.

(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: banglist; minnesota; retreat; selfdefense
The sticking point for the Jury was the duty to retreat.
1 posted on 01/06/2022 3:38:20 AM PST by marktwain
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To: marktwain

No more Mr.Nice Guy after being put through the wringer. Next time Weiss sees a group of people involved in a traffic accident needing help, he’s going to just keep on driving. He may or may not call 911 anonymously.


2 posted on 01/06/2022 3:49:06 AM PST by lee martell
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To: marktwain

> His record still exists but is no longer public record.

But somehow it’s going to end up in the databases of a bunch of federal, state, and foreign databases.


3 posted on 01/06/2022 3:57:40 AM PST by glorgau
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To: marktwain

The process is the punishment.


4 posted on 01/06/2022 4:02:49 AM PST by jack308
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To: lee martell

Over the years, I have rendered aid or attempted to render aid 3X that I can recall for accidents when I arrived very soon after the crash. The first was a motorcycle crash on a country road at night(before cell phones), guy was drunk and appeared to have a broken leg. I drug him off the road and got the bike to the road side. People that new him showed up very soon and carted him and his bike away and went on my way.

The 2nd was a bad single van crash in the afternoon. The guy crossed over a 2 lane road and hit a stone wall. His legs were pinned by the dash, I couldn’t get the doors open so just stayed with him until the fire department arrived.

The 3rd was tractor trailer that flipped on its side. I saw the cloud of dust ahead and knew something was wrong. I was about 15 vehicles behind, thankfully everyone else was paying attention and didn’t pile in. Truck was laid over on driver’s side. Before I could crawl up the passengers side the driver came crawling out. He was a little dazed but not hurt. Sat there for 2 hours until they opened one lane.

I’ll still stop to help if I arrive right after an accident happens but if people are already out I’ll keep going.


5 posted on 01/06/2022 4:08:03 AM PST by WinMod70
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To: lee martell

“He may or may not call 911 anonymously”

If it was me it would be DIFINITELY NOT call 911.


6 posted on 01/06/2022 4:10:37 AM PST by Tupelo
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To: Tupelo

I guess, I should have added, If I was in one the Duty to Retreat states. Arkansas, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New York, North Dakota, Rhode Island, and Wisconsin,

To quote (or paraphrase) the preacher in BlazinSaddles, “I am out of here”


7 posted on 01/06/2022 4:15:08 AM PST by Tupelo
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To: WinMod70

Gee you sound like the forest gump of auto accidents!


8 posted on 01/06/2022 4:21:40 AM PST by FreshPrince
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To: glorgau

Keith Ellison could not make this case stick?

Oh, the defendant is damaged, but unlike Derek Chauvin, the policeman charged with the death of George Floyd, he has not been sentenced to a prison term. One of the most grievous of things that has happened in Minnesota has been the absolute inversion of the criminal law as it is applied by Attorney General of the state, Keith Ellison, a Muslim convert who is trying to get his chops with the Muslim community in Minnesota, and has the full faith and credit backing of George Soros.

The Latin phrase, “Quis custodiet ipsos custodes?” (Who guards the guardians?) applies here. Who is calling Keith Ellison up short here?


9 posted on 01/06/2022 4:26:56 AM PST by alloysteel (There are folks running the government who shouldn't be allowed to play with matches - Will Rogers)
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To: alloysteel
<>"Who is calling Keith Ellison up short here?"<>

I was going to but you did an excellent job defining that bucket of crap.

Thank you.

10 posted on 01/06/2022 4:39:27 AM PST by Aevery_Freeman (I use an euphemism for "Let's Go Brandon!". It's F*** Joe Brain-dead! )
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To: marktwain

I thought this article was going to argue that Weiss had good reason not to retreat (to help save lives). It never made its case for the problem with the duty to retreat, other than that it would have made this man’s defense easier.


11 posted on 01/06/2022 4:51:15 AM PST by dangus
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To: alloysteel
Still somewhat ahead in the ex-police officer (Mohamed Noor) shooting of Justine Ruszczyk in Minnesota. Original sentence of 12.5 years lessened to 4.75 years by the Minnesota Supreme Court. They'll keep plugging at it until he's let off with "time served". He's a member of a couple of protected statuses, so...

https://www.cnn.com/2021/10/21/us/mohamed-noor-resentencing/index.html

12 posted on 01/06/2022 5:15:03 AM PST by moovova
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To: lee martell

“He may or may not call 911 anonymously.”

I doubt there’s a way to call 911 anonymously unless he has a burner and took steps prior to try to make it untraceable (it’s not as easy as most people think).


13 posted on 01/06/2022 5:28:58 AM PST by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
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To: marktwain

The legal “duty to retreat” seems to me an infringement of your fundamental right to defend yourself. Anyone who is assaulted is the only competent judge of the safety of retreating.


14 posted on 01/06/2022 5:41:05 AM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: pierrem15
The legal “duty to retreat” seems to me an infringement of your fundamental right to defend yourself.

The legal duty to retreat law, as far as I can tell, all have a "if you can do it safely" clause.

15 posted on 01/06/2022 6:14:59 AM PST by marktwain (Amazing people can read a persons entire personality and character from one photograph.)
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To: marktwain

“teenagers”

Of the melanated type descended from the peaceful proud nation of Somalia? Diversity is our greatest strength.


16 posted on 01/06/2022 6:53:28 AM PST by Organic Panic (Democrats. Memories as short as Joe Biden's eyes)
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To: Tupelo

Surprised to see Arkansas, Nebraska and North Dakota on that list. Their legislatures should be made aware and repeal this crap a.s.a.p.


17 posted on 01/06/2022 7:08:32 AM PST by Vigilanteman (The politicized state destroys aspects of civil society, human kindness and private charity.)
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To: WinMod70

You have the gift of being able to stay calm and focused in emergencies. Not everyone is able to keep from being pulled into the panic. Some folks want to help but become paralyzed at the sight of blood or open wounds.


18 posted on 01/06/2022 9:00:48 AM PST by lee martell
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To: marktwain
"The decision to retry after a 9-3 vote to acquit is highly unusual." Not in present day Somaliasota...
19 posted on 01/06/2022 12:12:40 PM PST by SuperLuminal (Where is another Sam Adams now that we desperately need him?)
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To: marktwain

His very NAME means white! Guilty! Heretic!


20 posted on 01/07/2022 8:29:10 PM PST by Still Thinking (Freedom is NOT a loophole!)
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