Man accused of trying to kidnap Subway employee ordered to undergo mental evaluation

The lawyer for 62-year-old Mark Weibye questions whether his client is the suspect given the fact he uses a walker to get around.

Mark Weibye
Mark Weibye sits in Traill County District Court, Wednesday, Oct. 5.
Matt Henson / WDAY News
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HILLSBORO, N.D. — Mark Weibye, 62, used a walker as he approached the judge in Traill County District Court to face attempted kidnapping charges Wednesday, Oct. 5.

"I am also going to be requesting an order for a mental examination at the North Dakota State Hospital," said his lawyer Blake Hankey, shortly after the hearing started.

Weibye, who is free on bail, is accused of trying to kidnap the owner of a Hillsboro Subway in July as she was cleaning windows.

The victim told police Weibye got out of his pickup after circling the business for a while, pulled out a gun and then tried to yank her into his pickup.

She was able to break free and ran to a nearby gas station for help.


"He has trouble remembering, he has trouble communicating with me regarding this offense," Hankey told the court.

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Hankey is requesting his client undergo a full mental health evaluation at the North Dakota State Hospital.

Part of it will include, can Weibye help provide details of what he did and where he was that day, and what was his mental state.

If convicted, Weibye, could face up to 20 years in prison.

"Did Mark understand the nature and consequences of his actions, or was he suffering from serious distortions of reality," Hankey said, explaining what the evaluation will help determine.

According to court papers, Weibye was identified as the suspect based on surveillance cameras from two nearby businesses showing what appears to be his pickup in the area.

The alleged attack was not seen on camera, as the cameras at Subway were not on that day.

A new 54-page report from the North Dakota Bureau of Criminal Investigations was presented to prosecutors and the defense prior to the hearing.


Weibye's lawyer had not reviewed it yet, however.

He has some concerns how his client could have physically pulled off the alleged kidnapping attempt.

"That is a concern that we have from the defense, is he capable to commit a crime? You're right, he is in a walker. The family is looking at putting him in a nursing home because of his declining health. Does he have the physical ability to even commit such a crime?" Hankey responded when asked about his client's use of a walker.

Prosecutors and the defense hope to have the full mental health evaluation report in about a month.

The victim declined to comment.

Weibye's criminal history is mostly clean, with a speeding ticket and a drunk driving arrest from nearly 20 years ago.

Matt Henson is an Emmy award-winning reporter/photographer/editor for WDAY. Prior to joining WDAY in 2019, Matt was the main anchor at WDAZ in Grand Forks for four years. He was born and raised in the suburbs of Philadelphia and attended college at Lyndon State College in northern Vermont, where he was recognized twice nationally, including first place, by the National Academy for Arts and Science for television production. Matt enjoys being a voice for the little guy. He focuses on crimes and courts and investigative stories. Just as often, he shares tear-jerking stories and stories of accomplishment. Matt enjoys traveling to small towns across North Dakota and Minnesota to share their stories. He can be reached at and at 610-639-9215. When he's not at work (rare) Matt resides in Moorhead and enjoys spending time with his daughter, golfing and attending Bison and Sioux games.
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