Man convicted of sexual assault and kidnapping after failing to show up at trial, search underway

David Powers was convicted on all counts after he didn’t show up to be cross-examined on Monday.

STILLWATER, Minn. — A Washington County jury found a man guilty on all counts Tuesday involving a violent 2023 kidnapping and rape in Lake Elmo. 

In an unusual twist, he wasn’t there to hear the verdict, and authorities have launched an all-out search to find him. 

David Powers of New Auburn was charged with criminal sexual conduct in the first degree, kidnapping and domestic assault by strangulation. He had been present for other days of his trial, but on Monday, when he was set to be cross-examined by prosecutors, he didn’t show up. The Washington County Attorney said Powers’ lawyer doesn’t know where he is.

“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,” said County Attorney Kevin Magnuson in a statement. “This office places a high priority on prosecuting predators engaged in these types of violent offenses and ensuring the safety of the public.”

Minnesota statutes call for a maximum sentence of 40 years on the kidnapping conviction, 30 for first-degree criminal sexual conduct and three years for domestic assault by strangulation. 

The case stems from 2023 when deputies were called to an apartment in Lake Elmo for a welfare check after a woman did not show up to work. According to the criminal complaint, the woman was screaming for help when deputies arrived and authorities had to use force to get into the apartment. The victim reportedly had significant injuries to her neck, forearm and hands. Magnuson called the allegations at the time “deeply disturbing and horrific.” 

Powers’ victim, former girlfriend Chandra McFarland, told KARE 11’s Jennifer Hoff she is uneasy knowing he is on the loose. 

“Where is he? Is he out of the state by now?” she wondered. “He’s got a violent history, he’s a scary person. I just want people to be aware of who he is.”

The Washington County Sheriff’s Office confirmed to KARE 11 on Tuesday that law enforcement is actively searching for Powers. 

“I think he’s put himself in a pickle by taking off, and that creates a danger for law enforcement when there’s a confrontation like that, when you have to take somebody down,” said Bruce Rivers, Powers’ defense attorney. 

If you or someone you know is experiencing domestic violence and needs help, call 800-799-7233 or text START to 88788 to be connected with someone from the National Domestic Violence Hotline. The hotline includes more options for support and identifiers of abuse on its website.

For Minnesota residents, Cornerstone MN offers resources and safe housing for domestic abuse survivors and crime victims. Call 1-866-223-1111 or chat online with the crisis hotline.

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