When it came time on Monday for David Powers to be cross-examined by Washington County prosecutors near the end of his five-day criminal trial, Powers never appeared.

On Tuesday afternoon, a Washington County jury found Powers, 37, of New Auburn, Minn., guilty of first-degree criminal sexual conduct, kidnapping and domestic assault by strangulation.

Powers had testified in his defense on Friday, but when the trial resumed on Monday, he failed to return to be cross-examined by prosecutor Scott Haldeman.

Powers’ attorney, Bruce Rivers, informed the court that he did not know where his client was. Haldeman requested that Washington County District Court Judge Helen Brosnahan issue a bench warrant for Powers’ arrest, which she did.

Washington County Attorney Kevin Magnuson said Tuesday that he plans to ask for a “significant” upward departure from the presumptive sentence under state sentencing guidelines after Powers is arrested and brought back to court. “This office places a high priority on prosecuting predators engaged in these types of violent offenses and ensuring the safety of the public,” he said.

The maximum sentences for each of the three convictions: 40 years for amended kidnapping; 30 years for first-degree criminal sexual conduct, and three years for domestic assault by strangulation.

“We know how difficult it is for victims to come forward, testify in a public courtroom, and relive these horrible events,” Magnuson said. “We are grateful for the victim’s courage in testifying.”

Lake Elmo rape

Powers, who also is known as David Robekevich, was charged in 2023 with beating and raping a Lake Elmo woman while holding her against her will in her home for more than 24 hours.

Washington County sheriff’s deputies were dispatched about 9 a.m. May 2, 2023, to conduct a welfare check at an address on Hudson Boulevard in Lake Elmo, where they saw a woman “screaming for help and frantically trying to open an upper-level window,” according to the criminal complaint.

“Officers then saw a large male appear behind her and pull her from view,” the complaint said. “Officers used force to enter the apartment and detained the male found inside.” The man was later identified as Powers.

When the deputies found the woman, they saw she had significant injuries to her neck, forearm and hands. She told police that she and Powers, who had been staying with her for several weeks, got into an argument, and she decided to sleep at a friend’s house. When she returned home on May 1, 2023, Powers “snapped,” tearing off her clothes, throwing her on the bed and strangling her, according to the complaint.

Powers allegedly covered the woman’s nose and mouth with his hands until she temporarily lost consciousness, telling her she had one hour to live. He continued assaulting the woman for about three hours, pulling her hair, punching her and slapping her, the complaint said.

When she begged Powers to allow her to leave, he allegedly responded that he would “end her right now” before punching and sexually assaulting her, the complaint states.

When the woman woke up early the next morning, she attempted to escape and call for help, but Powers prevented her from leaving the apartment or using her phone, the complaint said.

After he was arrested, Powers told police he had been using Adderall, alcohol and cocaine, and that he didn’t remember the events of the previous 24 hours, according to the complaint.