“The state has to prove the elements of a crime beyond a reasonable doubt in every criminal case if it goes to trial,” Mertz said. “So they have to convince the fact finder—the jury, or the judge—beyond a reasonable doubt of the elements of the crime.”
In a murder case, the state must prove one person intentionally caused the death of another.
Circumstantial evidence
Without a body, prosecutors rely on circumstantial evidence—facts that point to a conclusion without directly proving it. Think of it like waking up to a foot of snow. You didn’t see it fall, but you know it happened.
“You’ve got to map out your evidence,” Mertz said. “‘How am I going to convince this jury that this defendant caused the death of this person who is dead?’”
DNA as evidence
Mertz said DNA evidence, when properly handled, can be decisive—even without a body.
“DNA—that is the gold standard of forensic evidence,” Mertz said. “As long as the procedures are followed, as long as they have adequate material—if they do it right—I have to tell you, North Dakota crime lab, I have never had my experts say, ‘Yeah, they screwed this up. It’s not valid. It’s not reliable.’”
Mertz added that a DNA match to biological material tied to a missing person can carry significant weight. “If they find material—blood, bones, flesh—that is matched to the dead person, it’s a 100 percent certainty,” he said. “DNA, when it’s done right, is a 100 percent certainty.”
Evidence in the Wengel case
Court documents show investigators found DNA matching Wengel on a Sawzall blade, including human bone and tissue. A latex glove recovered in the case contained DNA from both Wengel and Hite.
Investigators also said Hite purchased a Sawzall, plastic sheeting, and trash bags—delivered to his apartment via DoorDash—the day after Wengel was last seen alive. Hite’s phone showed Google searches for “how to register for a legal alias,” according to court documents.
Mertz noted North Dakota has precedent for no-body murder convictions. “In the history of North Dakota, there actually are a couple of examples from the past where they never did recover a body,” he said.
What comes next
Hite’s next court appearance is scheduled for March 11 for a preliminary hearing.
Fargo police are still asking the public to help locate a black 27-gallon storage tote believed to contain critical evidence. Anyone with information is asked to call 701-451-7660.
