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Man found not guilty in stabbing in north Fort Collins

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A man was found not guilty of murdering another man at a gas station on North College Avenue last year after his lawyers argued he acted in self-defense.

Duane Brown, 40, died July 21, 2023, after being stabbed during an altercation with 37-year-old Saman Zare at a Loaf 'N Jug gas station and convenience store, 318 N. College Ave. Brown's death was ruled a homicide by stab wounds by the Larimer County Coroner's Office.

Zare was charged with second-degree murder, a Class 2 felony, and first-degree assault, a Class 3 felony, in connection with Brown's death. A jury found Zare not guilty on both counts Tuesday after a seven-day trial.

Zare's defense attorneys argued that he acted in self-defense and was attacked by Brown, while prosecutors argued that Zare was the original attacker. Both sides agreed that Brown was under the influence of drugs and alcohol at the time.

Jurors saw a gas station surveillance camera that captured most of the altercation. Zare is seen collecting garbage from bins at the gas station – according to his lawyers, he sold metal as his main source of income – when Brown approached him.

Assistant District Attorney Luke Birky said Zare started the fight by throwing an empty plastic water bottle at Brown. Prosecutors argued that Zare was angry with Brown and continued to chase him, eventually pulling out a knife and stabbing Brown in the chest.

“(Prosecutors) want you to believe that Mr. Zare was the first attacker because he threw an empty water bottle,” defense attorney Matthew Morriss told jurors during closing arguments Tuesday. “It doesn’t start a fight. This is a signal to anyone in their right mind to back off.”

The defense argued that Brown was high on methamphetamine and drunk, and that Brown's erratic behavior frightened Zare.

“Duane Brown was high on meth and started a fight with Mr. Zare, and Mr. Zare did what he had to do to stay safe and stay alive,” defense attorney Camille Taylor said during opening arguments in the trial last week.

Taylor said Zare tried several times to get Brown to leave him alone, but Brown wouldn't leave him alone. Zare remembered his knife and pulled it out to hopefully scare Brown away, but because Brown continued to try to fight him, Zare swung the knife and it became lodged in Brown's chest.

In an interview with Fort Collins police after the fight, Zare said he acted in self-defense, Morriss said. The jury was shown a recording of this interview.

“Mr. Zare never wanted to fight and certainly didn't want to kill,” Taylor said, adding that Zare tried everything to escape Brown, “but nothing worked.”

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