Jurors weigh fate of Afghan refugee charged with murder in a case that shocked Muslim community

ALBUQUERQUE, N.M. — Prosecutors wrapped up their case Friday against an Afghan refugee on charges that he shot a man in 2022 in what turned out to be the first of three ambush-style killings involving members of the Muslim community in New Mexico’s largest city.

Muhammad Syed, who settled in the US with his family several years ago, quickly became the prime suspect after authorities released photos of a vehicle believed to have been involved in the shootings. He was taken into custody after being stopped in the vehicle more than 100 miles from Albuquerque.

He told authorities at the time that he was concerned about the murders and was heading to Texas to find a new home for his family. He denied involvement in the murders.

Syed, who speaks Pashto and required the help of translators during the trial, has been in custody without bail since his arrest in August 2022. He is charged with three counts of murder and four counts of tampering with evidence.

Syed, 53, will be tried separately for each victim, the first of which is 41-year-old Aftab Hussein. The other trials will take place in the coming months.

When the judge asked Friday if he wanted to testify, Syed stood and adjusted his headphones as a translator relayed the question. He suppressed the tears and started to cry. Finally, he said in Pashto that he would reserve the right to remain silent.

The defense called no witnesses and prosecutors did not elaborate on a motive or discuss any interactions Syed may have had with Hussein.

Jurors were scheduled to begin their deliberations Monday morning.

Prosecutors have detailed the night of the shooting: It was around 10 p.m. when Hussein pulled up to his apartment complex and parked. He had just gotten out of his car with the keys still in hand when gunfire broke out.

“He didn’t stand a chance,” prosecutor Jordan Machin said during closing arguments, claiming Syed lay in wait and continued shooting while Hussein lay on the ground.

Officers found Hussein with multiple wounds extending from his neck to his feet. Investigators said some high-caliber bullets passed through his body and pierced the car.

While questioning a police firearms and ballistics expert, Deputy District Attorney David Waymire produced a rifle seized during a search of Syed’s home. It was found under the suspect’s bed. Waymire also showed jurors bags containing spent casings and bullet fragments collected at the scene.

A yellow envelope contained a bullet that had been recovered from Hussein’s body by medical examiners.

The expert said tests showed the casings and projectiles were fired from Syed’s gun.

Cellphone records also show that Syed arrived at the scene about 20 minutes before the shooting and appeared to have left and went home immediately afterward, prosecutors said. They also introduced into evidence a note in Syed’s phone that referred to the testing of the rifle on the date Hussein was killed.

Previous court documents described Syed as having a history of violence, none of which was mentioned in court. His public defenders have argued that previous domestic violence allegations never resulted in convictions.

Defense attorneys tried to sow doubt during the trial, saying prosecutors had no evidence that Syed was the one who pulled the trigger. They suggested that other people living in Syed’s home also had access to his phone, his vehicle and the gun.

They also argued that no fingerprints or DNA were collected during the investigation that could implicate Syed.

Megan Mitsunaga, one of Syed’s attorneys, told jurors during closing arguments that her client was innocent and that investigators can sometimes get “tunnel vision” once they get a suspect and stop looking at evidence that pinpoints that person’s guilt. person does not support. there were gaps that should leave jurors with reasonable doubt.

“How is that fair to Mr. Syed, how is that fair to this community to let the police choose what evidence they want you to hear about,” she said.

Machin said it was Syed who tried to flee to Texas under the cover of darkness, a day after authorities reached out to the public for help identifying a suspect. She said the license plate and hubcaps on Syed’s car had been changed and that he had his phone – which was password protected – with him when he was stopped.

The other two victims include Muhammad Afzaal Hussain, a 27-year-old urban planner who was shot on August 1 while taking an evening walk, and Naeem Hussain, who was shot four days later as he sat in his vehicle outside a refugee camp. agency on the south side of town.

Relatives of the victims and other community members have said they are still struggling to understand what was behind the killings.