Afghan refugee stands trial in first of 3 killings that shocked Albuquerque’s Muslim community

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ALBUQUERQUE, N.M. (AP) — Muslims in New Mexico’s largest city are hoping more light will be shed on what led to the shooting deaths of three men from their community during the summer of 2022 as prosecutors began making their case against an Afghan refugee charged with the killings.

Attorneys delivered opening statements in an Albuquerque court Tuesday in what is the first trial for Muhammad Syed, who settled in the U.S. several years ago with his family. He has denied involvement in the killings after being detained just days after police put out a public plea for help and shared photographs of a vehicle believed to be involved in the crimes.

Tips poured in and investigators turned their attention to Syed. Police stopped him in his vehicle in August 2022 more than 100 miles (160 kilometers) from Albuquerque. He told authorities he was on his way to Texas to find a new home for his family, saying he was concerned about the ambush-style killings.

It was just after 10 p.m. on July 26, 2022, when 41-year-old victim Aftab Hussein pulled up to his apartment complex and parked. Deputy District Attorney David Waymire told jurors that Hussein had just stepped out of his car, still holding his keys in his hand, when gunfire erupted and he was struck multiple times.

Waymire showed jurors the rifle he said Syed used, telling them it was found under Syed’s bed during a subsequent search of his home. He also told jurors that forensic examination determined that casings found at the scene had been fired from that weapon.

Cellphone records indicated that Syed was at the scene before and during the shooting and that Syed had saved a note in his phone — 12 minutes before the shooting — that talked about killing Hussein, Waymire said.

“The evidence will show this was a willful and very deliberate killing,” he said. “And the evidence will show Muhammad Syed is guilty.”

Syed, who speaks Pashto and no English, has remained in custody without bond since his arrest. He is charged with three counts of murder and four charges of tampering with evidence. Police also have identified him as the suspect in the killing of a fourth Muslim man, but no charges have been filed in that case.

While some court documents remain sealed, others shed no light on a possible motive, leaving Albuquerque’s Muslim community struggling to understand why the men were targeted. The community initially feared the killings had been motivated by race or religion — until tips lead authorities to Syed.

Defense attorney Thomas Clark told jurors that prosecutors have no evidence that Syed was the one who pulled the trigger and that there were others living in his home who also had access to the rifle, his car and his phone. Clark said the forensic evidence that will be presented by prosecutors does not include any fingerprints or DNA that would directly implicate his client.

“I ask you during the course of this trial to pay very close attention to what you hear and pay an equal amount of attention to what you don’t hear,” Clark said. “A determination can’t be based on speculation or conjecture.”

Prosecutors during previous court hearings described Syed as having a violent history. His public defenders have argued that previous allegations of domestic violence never resulted in convictions.

While the first trial centers solely on the death of Hussein, Syed will be tried separately in the coming months in the deaths of two other men. Muhammad Afzaal Hussain, a 27-year-old urban planner, was gunned down Aug. 1 while taking his evening walk. Naeem Hussain was shot four days later as he sat in his vehicle outside a refugee resettlement agency on the city’s south side.

Prosecutors plan to call as witnesses police officers and other authorities involved in the investigation. However, the judge is prohibiting testimony about ShotSpotter technology used by the police force to detect the sound of gunshots.

Prosecutors also cannot directly introduce as evidence statements Syed made to a detective while being questioned. Defense attorneys argued that Syed’s rights were violated because the detective, through an interpreter, did not adequately inform Syed of his right to a court-appointed attorney.

The night Hussein was killed, police officers nearby heard gunshots and began walking in that direction. They found Hussein lying next to his car with multiple gunshot wounds — from his ear and neck down to his legs with exit wounds in his feet.

Prosecutors said Hussein was killed nearly instantly and that one of the projectiles recovered from his body had been fired from the rifle seized from Syed’s home.

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