Jury finds man guilty of rape, kidnapping after skipping trial before cross-examination

Suspect flees during Washington County trial

Police are searching for a man charged with kidnapping, domestic assault and criminal sexual conduct after he skipped the final day of his trial. Authorities believe David Powers may have cut off his GPS monitoring device, and he remains on the run.

STILLWATER, Minn. (FOX 9) - The man who failed to show up for cross-examination in his criminal trial has been found guilty by a Washington County jury on charges of kidnapping, rape and domestic assault. 

Guilty verdict

What's new:

David Powers, 37, was on trial for allegedly keeping his then-girlfriend hostage in her Lake Elmo home, where he also raped and assaulted her in May 2023. He was facing felony charges of first-degree criminal sexual conduct, kidnapping and domestic assault by strangulation. 

Powers testified in his defense on Friday, April 18, but failed to return to court on Monday for his cross-examination. An arrest warrant has since been issued for his arrest. 

The proceedings continued without the defendant present, and after a five-day trial, the jury returned a verdict on Tuesday, finding Powers guilty on all counts.  

What they're saying:

"Powers will be arrested and brought back to court, and I plan to ask for a significant upward departure from the presumptive sentence under the Minnesota Sentencing Guidelines. This office places a high priority on prosecuting predators engaged in these types of violent offenses and ensuring the safety of the public," said county attorney Kevin Magnuson in a provided statement.

Arrest warrant issued 

Warrant issued for defendant who fled trial

An arrest warrant was issued for Washington County defendant, David Powers, after he failed to show up for the closing arguments for his criminal trial. FOX 9's Babs Santos has the latest.

Dig deeper:

According to a press release from the county attorney’s office, Powers defense attorney Bruce Rivers said in court that he did not know the whereabouts of his client.

During the trial, Powers was out on a $500,000 bond with several conditions, including GPS monitoring. Prior to his release, authorities expressed concern about the apparently threatening comments Powers made, where he reportedly said, "I will get the people responsible for this" in a recorded jailhouse phone call. 

What's next:

Court records indicate Powers is still not in custody as of Wednesday morning. A sentencing date has not yet been scheduled. 

According to the county attorney's office, a first-degree criminal sexual conduct charge carries a maximum sentence of 30 years, the amended kidnapping charge is 40 years, while the domestic assault charge carries a maximum three-year sentence.  

Woman held hostage by Powers 

Washington Co. attack survivor warns others

A victim of an attack in her own home is speaking out to warn others.

The backstory:

Chandra McFarland was in a relationship with Powers for several months when he reportedly snapped after a Minnesota United soccer match in May 2023. 

McFarland detailed to FOX 9 that Powers snapped when the two returned to her home after a night of excessive drinking. She said he turned into a crazed monster and used his physical strength and threats of violence to keep her from using her phone or fleeing the situation. 

Law enforcement ultimately arrived after her colleagues asked for a welfare check on McFarland after she didn't show up to work. 

McFarland was in the hospital for two days, and Powers was arrested and charged. 

Past convictions:

Powers was previously known as David Robakevich, and had been charged with attempted murder and domestic strangulation in 2013. He was convicted of domestic assault in that case.

Authorities have said Powers has dual citizenship with Russia and was arrested with four drivers' licenses containing several aliases.