Benjamin Lee Harris said Friday that he feels “empathy” for the man he is accused of killing during an early morning robbery in St. Paul in September.
Sitting in orange prison garb inside a Ramsey County District courtroom, Harris called the fatal shooting of Jason Mikulak “tragic.”
But during the closing statement of his murder trial, Harris was emphatic that the state failed to prove he was responsible for Mikulak’s death.
“Contrary to popular belief, I do have empathy for the man,” Harris, 29, said as Mikulak’s family and friends listened from nearby courtroom benches.
“However, the identity of the suspect that shot and killed Mr. Mikulak … is not identified as being me …,” Harris continued. “The state has not proven its case.”
In a rare move, Harris opted to defend himself against the two second-degree murder charges against him in the case. One charge alleges Harris intentionally shot and killed Mikulak, 41, after Mikulak tried to stop Harris from robbing him and his girlfriend at gunpoint early Sept. 1, 2016. The second says Mikulak’s death was unintentional. Harris also is accused of first-degree attempted aggravated robbery.
The state rested its case against Harris on Friday morning. Harris opted against taking the stand in his own defense or presenting witnesses or evidence to counter the state’s claims.
Presiding Ramsey County District Judge Shawn Bartsh will determine his guilt, as Harris waived his right to a jury trial.
Mikulak and his girlfriend were sitting in his car parked on Galtier Street in St. Paul near Orange Avenue around 4 a.m. that day when a masked man approached the car with a gun, according to the woman’s account to police.
The gunman demanded that Mikulak open the car door and hand over money, she told officers. When Mikulak refused, the robber opened the door for him, she said.
The woman put two $10 bills on top of the car, hoping that would satisfy the gunman. But he said he wanted her to get out of the car and hand it to him, according to legal documents.
As she started to comply, Mikulak jumped out of the car and tried to wrestle the gun away, the woman said.
That’s when shots were fired and Mikulak fell to the ground. The shooter fled.
Mikulak was hit in the arm, abdomen and chest. The bullet that pierced his heart killed him, authorities say.
His girlfriend’s frantic 911 call was played in court Friday during the prosecution’s closing statement.
Assistant Ramsey County Attorney Rachel Lynn Kraker walked Judge Bartsh through the evidence that points to Harris’ guilt.
While Mikulak’s girlfriend could not be sure of the exact identity of the person who fatally shot her boyfriend, Kraker said the woman was unwavering in her assertion that the gunman opened their car door.
DNA evidence collected from fingerprints on the vehicle’s handle match Harris’, authorities say.
“There is only one reason why his fingerprints … would be on that door handle,” Kraker said. “Because (Harris) shot and killed Jason Mikulak.”
Kraker went on to point out that the physical description of the assailant that Mikulak’s girlfriend provided to police is consistent with Harris’ appearance, and further that Harris’ cellphone records show he was moving through the area where the crime took place at the time it happened.
Kraker also said cellphone data indicated that Harris was looking for a handgun before the incident — and was trying to get rid of one immediately after.
“Perhaps the greatest question in this case is ‘Why?’ … Why would this defendant kill Jason Mikulak over $20? The state can’t answer that,” Kraker said, adding that Harris’ actions showed a “complete disregard for human life.”
In his own closing argument, Harris said there could be “many a reason” why his fingerprints were on the car door, and that Mikulak’s girlfriend was inconsistent in her description of the assailant. He also reminded the judge that during his cross-examination of Mikulak’s girlfriend at trial, the woman admitted she couldn’t be sure he was the shooter.
He added that other evidence submitted at trial could not be unequivocally linked to him.
“All they have is circumstantial evidence,” he said of the state.
Mikulak worked as a truck driver for Holiday Stationstores and had two daughters. One was 2 when he died, the other 16.
Those who knew him described him after his death as hardworking and loving.
Bartsh took the case under advisement following Friday’s closing statements. She plans to issue her verdict in the next seven days.