In criminal trials, the prosecution bears the burden of proving guilt beyond a reasonable doubt, and the defendant is presumed innocent until proven guilty. Self-defense is a valid legal justification when a person reasonably believes they or others face imminent danger of serious bodily harm or death. The key elements include: (1) the defendant must have a reasonable belief of imminent danger, (2) the danger must be of serious bodily harm or death, and (3) the defendant must have no reasonable alternative to using force. The jury evaluates witness credibility, consistency of testimony, and physical evidence to determine whether the prosecution has met its burden of proof.
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SC v. Rick Chow - Day 1本站添加:
Good morning. Good morning. Good morning.
Oh, I was scared of this one, but I'm gonna watch it.
I ain't gonna lie. I'm scared of this one. I'm not going to lie, I'm scared of this one. I might have to mute myself.
I'm just telling y'all the truth. Have y'all heard of this one about Rick Child? I just posted the video about it, but um this one messes with me, y'all. I ain't going to lie to you.
Ever heard of the Latasha Harland story?
Okay, so if you looked at the thumbnail, that is 14-year-old Cyrus Carmarmac Belton. 14-year-old Cyrus Carmarmac walked into a Shell gas station, was about to purchase some water, took three or four bottles of water out. He put the bottles of water back, did not buy them, and left. But Mr. Rick Chow and his son Andy had decided that 14-year-old Cyrus stole him bottles of water and chased him down the street.
Cyrus tripped and fell while they was running. And they got like 140 150 yards out while the dad and the son is ch. You in the same city, God. So they um chased him. The 14-year-old Cyrus tripped and fell and Andy the son claimed later that they saw a popper on this 14year-old.
And the dad popped this 14-year-old baby into his lower back and unalived him. He did not have any water. He did not take the water. Security footage shows he put the water back. They just hauled off and start chasing this baby. And it reminds me of how I learned about the Latasha Harland story, which I was only six when that happened. It happened in 1991. But if you remember, Latasha Harlins was a 15-year-old honor student. Went into a corner store to go buy some apple juice.
Um, didn't want to carry it. has sat in her bag, walked up to the counter, and the the the clerk starts talking crazy to her in California. She throws the bottle of apple juice at him and walks out the store and the and the um and the owner popped her and unal alive that woman. That was only like 12, 13 days after the Rodney King beating. So, LA turned up and tow down. Okay. And this is feeling like Latasha Harland's male version 2023 is what this feels like. So Rick Child is leaning on the the words of on the foundation of his son saying, "Oh, the boy had a popper as a reason to to pop this 14year-old in the back after chasing him out the store." Over four bottles of water.
Y'all both go running out the store.
Somebody could have went in there and took 80 bottles of water. Like, what the hell?
Oh, Summer, I like your parents.
Thank you. When we were discussing at the bench, one of the questions we had um so that you're aware, >> this is day one, so they'll do all their opening arguments, but I feel like opening arguments piss me off. in case the court is reading this later. Um there's always a concern that the defendant not he's incarcerated the very good to us but there was concern directly behind Mr. >> He is everybody around him >> first not be back there at all but understand concerns and the I think the compromised restricting his movement and of course if he does anything that creates any type of security concern we discussed that I think everybody first before we get started Um, obviously there is a significant media presence here.
I have instructed the media not to take any photos, videos, anything of that nature of the jury. Um, I was informed that overnight there was some reporting about um me having or allegedly having the media removed from hearing proceedings. Um I guess the implication was that almost they were taken out in cups which certainly was not the case.
Um I definitely wholeheartedly respect uh the media's pro media process and what they do um and certainly understand their constitutional right to be present in these proceedings. However, I have to weigh the privacy concerns of the jury panel during the selection process and that's why the media was excluded. I'm just putting this on the record in case somebody wants to challenge my decision or anything of that solely for the privacy of jury. Uh we have a hard enough time selecting juries and getting jurors to show up and they don't want to be on camera. uh they're not the star of this any of these shows and uh they feel uncomfortable. They're asked a lot of personal questions. So it's solely to protect privacy of jury which I had to balance against the constitutional right of the media to be president. So that was the reasoning anybody challenge it. There are five folks down at the corner of Jer and something with roads much heavier than mine that can take care of and finally um just weed with the rule five our expert report we were on the phone with late last night. So as soon as it was completed there was no necessary We got understand it's not completely compell.
>> All right. Anything else from the parties before we get started? Nothing on behalf of Mr. >> Well, um to start out today not so good fashion we are already missing a year old. So we will select an alternate selected four as you all know we don't select the very first alternate that's chosen it is by random selection has folded up numbers so I will draw from those four pieces of paper but it was number nine she selected in the panel I'm just going to pick Looks like number 259 will be the replacement.
Any objections or problems?
>> Number six.
>> Okay.
>> I discuss that with Mr. No objections and procedure.
>> Okay. Very good.
>> All right. Bring in the jury. Yes sir.
>> Yes sir.
>> Oh lord banner. Thank you.
I am getting my damn donut.
I don't care if he did think he saw a dang on popper when he fell. If he was running away, mother Oh, I got to update all of this cuz I changed the Instagram name.
All right, guys. Let's see.
All right. Good morning. Good morning. Good morning.
Y'all see they getting slick with these fake pages on Tik Tok. They removed the period after Mrs. and got everybody thinking it's me instead of Mr. Mrs. Jefferson says as Mrs. Jefferson say zero and people are getting hit. Don't get hit by that page.
It ain't me.
Enjoy, Miss Shayla. Enjoy. Enjoy.
sitting up there all defiant. You know that baby ain't have no Oh, some bottles of water.
And if he had a popper, I don't know why he ain't pop you when you was up in his face. Why would he take off running if he got a popper?
Mother Jesus be Thank you, Lex. Uhuh.
Shay said, "Uh, you ain't creating no new page." And it kind of caught me off guard because if y'all have not seen it, I'm working on a new baby called The Pink Edit by Miss Jay. So, I think that's where we're going to take our YouTube page. Okay. It probably already says the pink edit on it, aka audios. So, it looks like what we're going to do on a regular basis during trials is have a weekly update show that will have Hold on, guys. I will tell you where did I put it? Okay, I don't have the picture. I don't have the picture. I don't have the picture.
If you haven't Look, y'all. We we was working this weekend. Okay. Okay. So, we'll have a welcome to the pink side se uh segment this weekend trial testimony te the pink brief our lay logic. We'll do recap receipts. We'll have a pretty calculated conversation. So, that's when we going to have like a y'all going to have to get up here with me and talk about it.
Um we'll have a courtroom culture report. So, we will kind of touch on stuff we hear happens in the courtroom cuz we don't normally do that. But on the pink edit, we can. Okay, we're gonna have some sidebar conversations, then the final edit. But what I'm thinking about doing it is when there isn't a pretty calculated section section already set up as a panel discussion, we'll um add in court of opinion segments.
Okay, we working. It ain't going to be immediately, but we working on it. Okay, I got some stuff I have to do. Okay, >> there's a process for doing that. number is unavailable due to illness. So juror number 259 will now be >> understood on that join the >> you're already down there. Okay already thank you Mr. All right, ladies and gentlemen, >> we are about to begin the case of state versus child. Again, I want to thank you for your important responsibility jury service. Uh, as I told you earlier, without folks like you wouldn't serve, our justice system simply cannot function. I want to introduce a few folks. You've already met Mr. Cobert.
He's our chief. Um, and any of the folks with the yellow coat, they they are sort of your eyes and ears um this week.
They're here to help you. If you have any questions, any problems, any concerns, they'll get you to and from the jury room. Uh if you need to address with any issues, notify them. Um but again, they're here to help you. To my right is our court reporter, Katherine Spires. C takes down everything we do in here. This is a court record. Um in the event that were an appeal, what everything she types up to sometimes she tells somebody to speak up or say that again. She's not trying to point that out to your attention. She's just making sure she got that. To my left is my law clerk, Becca Sternberg. She is my lawyer. Uh she is a lawyer that um assists me with my duties. And further to my left is Lydia Miller. She is a law student who is visiting with us for two weeks. So I just wanted if you were wondering why they were who folks were in the courtroom, that's who they are.
Um, now the instructions I'm going to give you now are an introduction to the trial. These remarks are not a charge on the law of the case. I'll instruct you on the law applicable at the end of the trial before you consider your verdict.
This is merely an explanation of the procedure that we're going to follow during the trial to help you better understand what's happening. We're not going to be not taking notes during the trial. The defendant is charged by warrants and action indictment filed in this court with crime of murder. The elements will be real.
>> The warrants and the indictments are simply the charge by which this case is brought into court and is not in any sense evidence of any of the allegations.
The defendant has pled not guilty to the indictment. Therefore, the state of the elements of the crime to decide whether the state has met that burden. Your purpose in your is to find and determine the facts. You are the sole judges of the facts. If at any time I make a comment regarding the facts, you must disregard it. You are to determine the facts from the testimony you hear and other evidence introduced during court. It's up to you to determine the inference which you feel may properly be wrong from the evidence.
It's especially important that you perform your duty of determining the facts diligently and conscientiously because ordinarily there is no way to correct an erroneous determination of by the jury. If I make an error of law, there are other courts in our state that will correct me. They don't need to go into the jury room. So, it's important that you um are conscientious in your duty. Now on the other hand and with equal emphasis the same rules that make you the judge of the facts will meet the judge of the law. The law is given by the court is the only law you may consider. You must accept and follow it even though you may disagree with it. I can't tell you what the facts are. You can't disagree with me about what the law is.
Your job is to take the law as I give it to you and apply it to the facts that you find in the testimony of the witnesses and any other evidence that's introduced. After doing all that, you will render your verdict under the oath that you're about to take as bur. Until I advise you to begin your deliberations, you must not discuss the case with anyone, including your fellow jurors, friends, family members, anyone media, internet, websites, anything of that nature. After the case is submitted to you, you must discuss it only in the jury room with your fellow jurors. The attorneys and the parties in this case have been advised that they are not to talk to you at all. So, if you see anyone involved in the case and they don't say hello, they're not being unfriendly. They're just following my instructions. It's important that you keep an open mind and not decide any issue in the case until all the evidence has been presented. The parties have made their closing arguments and I have instructed you on the law. If you become aware of another juror's violation of these instructions, you thus inform the immediate.
In just a moment, the solicister will make what's called an open statement in which the solister will explain to you the issues in the case or at least what the solicitor thinks the issues are.
Council for the defendant may also make an open statement, although he's not required to do so. What the attorneys tell you during opening statements is not evidence in the case. It is only their contention as to what the issues are or what they believe the evidence may show. After opening statements, testimony will begin. Is your responsibility to determine the guilt or innocence of the defendant and your verdict must be based solely on the evidence as is presented to you in this courtroom during the trial and on the law as I instruct you during during and at the close of the trial. The evidence in this case will be presented to you by the testimony of sworn witnesses from this witness stand and by exhibits that may be introduced in the evidence. In determining what the facts are in this case, you must decide whether or not the testimony of the witness is believable.
It will be my responsibility to rule as a matter of law as to whether certain testimony is admissible, meaning whether you get to hear it. But once the testimony is admitted, it is solely for you to determine the believability of the witness testimony and deciding whether to believe a witness, you have the right to consider the interest of the witness, the bias of the witness, the prejudice of a witness, the opportunity for the witness to have seen the matters and things about the witness may testify and the way the witness acts on the witness day. You have the right to consider anything that is in the record that will help you evaluate the testimony of the witnesses. That means you must pay close attention to the witnesses, observe the witnesses, listen to the witnesses, and pay close attention to the attorneys and the court. Please don't let your thoughts wander and give strict attention to your testimony so that after all the arguments counsel on my charge on the law you will be in a position to determine what the actual facts are and to apply the law to those facts and revered. From time to time, you may hear one lawyer say something like, "Your honor, I believe we have a question of law or a matter of law discussed with you." Or, "Your honor may be approached." Or sometimes I myself might find it necessary to excuse you from the courtroom for a short while so the attorneys and I can discuss a matter of law. The reason for this is you are the judges of the facts. Sometimes when I'm discussing matters of law with the lawyers, it may be necessary for me to make some comment as to the facts in connection with ruling or whether or not a particular law applies. I'm not supposed to tell you what the facts are.
So, I will excuse you from the courtroom while these discussions take place. So, that in no way would you be influenced by anything that I might say or do in connection with the facts. Ladies and gentlemen, sometimes that may seem a little frustrating for you like like we're wasting your time. You might be sitting back there in jury room for 30 minutes while we're talking about the law. But I promise you, we're working.
Um, I value your time just as much as I value mine. And I don't let lawyers waste your time. So, you know, if you're back there, trust me, we're working.
We're not talking about how bad the Gamecock baseball season was this year or anything like that. Um, we are we're working. Again, I value your time. Your time is no less important. You need a need lawyer in this courtroom. So, so understand that we value your time very much. Now, >> I need to point a four. Well, madam, you please swear.
>> Yes, sir. Your honor, ladies and gentlemen, the jury please stand and raise your right hand to be sworn after this oath. Please acknowledge my answer.
Do you swear or affirm that you shall well and truly try and true deliberates makes between the state of South Carolina and the defending that bar and you shall have them charge and a true verdict according to the law and evidence. So help God may be seated.
>> Okay. I need to appoint a four person and I am there next to Mr. Cole. What's your number?
>> 302.
>> 302. Will you pick the magic chair? So you are our four person. Um it is uh going to be your added duty to manage deliberations and complete the verdict form. But I'll give you further instructions on that. You're not going to get paid anymore, but you will be >> you ain't going to get paid anymore.
>> Any exceptions from the state as far as what I just told?
>> No sir.
Nothing on behalf of Mr. >> St. may see >> the court.
Ladies and gentlemen of the jury, what is the value of a human life?
To grieving parents who've lost a 14year-old to senseless acts of violence, the human life is priceless.
But on May 28th, 2023, Chai Key Rick Chow, the defendant in this case, determined that Cyrus Carmarmac Belton's life was worth less than four bottles of water.
I say this because in May of 2023, Chai Rick Child, the defendant in this case, was the owner of a convenience store and gas station on the corner of Park Lane in Springtree here in Colombia. His wife was working that evening. She was a co-owner and their adult son was working there as well that particular evening. It was around 8:00 or so.
That Cyrus Carmarmac, a 14-year-old with a small pocket in the front, just carrying a black backpack.
We know this to be true because the defendant in this case, Chaiki Rick Chow, had an intricate camera system that captured almost every interaction within that store and multiple camera angles.
He also had camera angles outside of the store on the premises of the store and immediately adjacent to the store so you could see what happened at the beginning of Spring Street as his property ended.
So Cyrus walked into that store, red hoodie, small pocket in the front, black backpack, and he walks in and he immediately is asked by the coowner, Alice Chow, to remove his backpack.
That's store policy. Cyrus complies, does exactly what he's asked to do. He puts that backpack on the cooler and begins to walk around and browse throughout the store. He goes aisle by aisle browsing, looking around, looking at candy, looking at the waters, looking at other things in the store. And Alice is directly behind him watching everything that he does.
>> When he walks to the front of the store, she watches. When he walks to the side of the store, she watches. She leans against post and watches everything that he's doing as he walks through that store.
Andy is working them and continue to watch Cyrus as he walks through the store.
Finally, Cyrus walks to that back right corner of the store. And again, we know this to be true because of that intricate camera system that >> hurry up and by a minute. Why did I just type?
>> He opens a water cooler, leans the water cooler against his right should his left shoulder, and takes out four bottles of water.
One, two, three, and four.
And after a second, he pauses and methodically puts all four water bottles back into that cooler. 1 2 3 and four.
He closes the cooler and begins to walk back towards the front of the store. And it's that point that the verbal confrontation begins. And I say confrontation because Cyrus said nothing. The co-owner of the store, Alice J, asked if he needed help and eventually accused him of stealing water. Told him to empty his pockets.
little ass watching >> said the same thing. You took some water. Give us back the water. Cyrus said, "I took nothing. I didn't take anything. I didn't take anything." And they continued to verbally attack him, accusing him of stealing water.
Interestingly enough, you look at that intricate camera system. Cyrus is telling the truth. He took nothing from that store that day.
As he tried to walk out of the store, they continued to verbally harass him to the point where he took his backpack and calmly walk out of the store. Again, we know that to be true because of that intricate camera scene in the Chai Rick child install. And as he walks toward that door, the co-owner Alice Child says something in Cantonese that makes her son run around the counter towards Cyrus. And then Chaiki Rickchow, the defendant in this case, comes from out of an office in the convenience store armed with a 45 caliber Glock pistol and follows Cyrus out of that store. Cyrus walks out of the store, takes a right slowly, and hears them yelling, running after him, turns to see. And again, the camera system shows these things, and he takes off running.
Cyrus tries to run through the parking lot to the point to where he runs out.
>> Let's head to Deliberation.
>> Air Force One Nike shoe. Runs out of his shoe. doesn't turn around to pick it up because you have an adult male running behind you with a 45 caliber Glock pistol who has falsely accused you of stealing.
So he runs. He drops two cell phones out of his pocket. We know this to be true because there are witnesses who we expect you'll hear from who talk about how they had to throw on brakes to keep from hitting them as they ran across traffic.
We know this to be true because of that intricate camera system that he installed.
He drops two cell phones, one belonged to him, one to his mother, doesn't turn around to pick up one of those cell phones, continues to run, falls down, gets back up running, falls again, busts his shin, drops the backpack, keeps running.
In total, Chaki Rickshow and his son chased Cyrus Carmarmac Belton over30 yards off of their property onto a public road in Columbia, South Carolina.
And eventually after Cyrus fell a couple of times, Shy Rick child fired the fatal shot which ended his life.
folks.
130 yards. It's a football field. No, in fact, it's a football field. Goalp post to goalpost plus 10.
>> I was about to say, come on now.
You add in some gold something cuz >> I'm Byron Gibson, the fifth judicial circuit solicitor.
>> Come on, Byron. and I along with Dale Scott, Stephanie Taylor, and Weston Leafer represent the state of South Carolina.
So for the next few minutes, I'm going to give you a little bit more of a road map of what this case entails, what our position is in this case, and what we believe we can prove, as well as give you an idea of what to expect from the court and how this proceeding will run for the next several days.
Now, I mentioned to you a moment ago that when Cyrus walked into that store, he was wearing a red hoodie, a pocket in the front, black backpack.
Unbeknownst to the child family, to Chaiki, Rick Chow, to Alice Chow, or to Andy Child, he had a pistol in the front pocket of that hood unbeknownsted.
They didn't know.
We know that to be true because that video will confirm all of those things.
Confirm that he walked around the store, had a conversation with them. At no point did he ever threaten them. At no point did he ever curse them when he was being falsely accused. He didn't spit on them. He never attacked them. He calmly walked through the store and calmly denied stealing anything from that store, which again was true.
The truth in this case is that Cyrus did what you'd expect an adult to do in that case. He walked away. He tried to create distance every time he was confronted.
But for some reason, Shaki Richow wouldn't believe him. He couldn't believe him for some reason. Although the evidence will show that he took nothing from that story. The evidence will show that after they chased him out of his shoe, dropping phones down Springtree Road, after he tripped over a curb, fell, dropped his backpack, we believe that gun spilled out of that pocket. And within moments after that gun spilled out of that pocket, that man shot Cyrus Carmarmac Belton in the back with a 45 caliber pistol.
Now, we believe evidence will show that soon after EMS and others came on the scene, Cha Key Rick child tried to say, "Hey, I was defending my son."
But the interesting thing about this process is that you're going to have an opportunity at the end of this case after you've heard all of the evidence from this witness chair to assess what you've learned and what you've heard.
You get a chance to assess that. And I'll ask as you start asking those questions that bounce around in your head. In what world do you get to falsely accuse a 14-year-old of stealing? chase a 14-year-old 130 plus yards down a road while you're armed with a pistol. Shoot that person in the back. Then claim you're defending your son.
Folks, it's for that senseless act, for that ridiculous act, for that heinous act that Chai Key Rick Chow, the defendant in this case, has been charged and indicted with the crime of murder.
And it's it it's for that crime that we the prosecution Dale Scott Stephanie Taylor and Weston Leaf will be asking that you return a verdict of guilty at the appropriate time.
Now as prosecutors we have something that's called the burden of proof.
And what that means is we have to prove beyond a reasonable doubt that Chaiki Rickshaw murdered Cyrus Carmarmac.
Now reasonable doubt in South Carolina we our courts have defined it a couple ways and I'll explain those to you.
Reasonable doubt is the amount of doubt that causes a reasonable person to hesitate to act. The amount of doubt that causes a reasonable person to hesitate to act. There's an alternative definition that says that if you are firmly convinced of a defendant's guilty and at that point they are guilty of crime. That's for you all as the jurors to decide. Now, as was mentioned a little a few moments ago, just Taylor is the judge of the law and you got to take the law as he gives it to you. So, at the appropriate time, he'll advise you of the definition of reasonable doubt and every other legal standard and every other thing about the law that you're going to need to know. He'll advise you of those things at the end of the case at the appropriate time. But the cool thing about this process, just as he said, is that as Judge Taylor is a judge of the law, you guys are the judges of the facts, and you get to determine based on what you hear from this witness, >> water bottles, >> and the evidence that you observe. You get to determine what actually happened in this case.
So, you're probably asking, you know, all right, well, how am I supposed to do something like that? How am I judging people about, you know, as a witness, I suggest to you that just as you are judging my credibility and believability right now? That's a skill that you've developed over all these years that you've been walking this earth. I suggest to you that when you parked your cars this morning, you didn't leave your common sense in the parking lot.
>> That's what you're using to assess credibility and believability. And that's what you'll be doing with each of the witnesses that comes up here. You'll judge that. You'll talk you you'll have an opportunity to determine if they had motive to say what they say. If they they could observe the actual things that they're saying they observe. They have some reason to change or or to or to try to tell a story in a way that's going to help. You'll get a chance to make those determinations at the appropriate time. And we'll ask that you do that.
A couple moments ago, each of you guys took an oath to well and truly track try the facts of this case. And what that essentially means is that you got to try the facts of this case. Not some stuff that you may have heard out there, not some preconceived notions, not some ideas that you may have, but from the evidence that you hear in this jury room this week in this case. That's what you've got to do.
Folks, I ask that you resist the urge to turn this trial into some type of commentary about youth and guns because it's not about that. It's about a grown man who falsely accused a 14-year-old of stealing, chased him down the road while armed with a pistol, shot him in the back, and then claimed he's defending himself.
>> That's what this case is about. And ultimately, those are the decisions that you'll have to make at the end of this case.
Now, I expect that you're going to hear from several different types of witnesses this week. Some are going to be what we call lay witnesses, just people who just happened to be driving up and down Springree Road that day.
Folks who saw what happened, folks who watched the child chase Cyrus across the street and shoot a killer. We expect they'll have different vantage points, seeing things in different ways, but you'll have an opportunity to listen to them and assess what they saw. You'll hear from law enforcement, first responders, people who saw what happened and and talk to witnesses out there on the street immediately after it happened. Some body cam, meaning the body cameras that they're wearing when they're talking. You'll see some of those things. Take that information.
You'll also have an opportunity to hear from a few experts and judge will explain to you what experts are and what expert testimony is and how you weigh expert testimony. Again, take the law as he gives it to you and take the law from experts and determine if they have the ability to testify about the things that they say that they know and how they came upon this information and if this information was paid for. Ask yourselves those questions at the appropriate time.
Now, folks, you're going to hear about three types of evidence. I'm wrapping this thing up.
Everyone's trying to get sick of me this early in the week. They're going to be three types of evidence you're going to hear about. One is direct evidence.
Second is circumstantial. Third is stipulations. Direct evidence is evidence that you can see, that you can touch, that you can feel, sometimes even smell. Circumstantial evidence is evidence that you can infer exists based on a series of facts. All right?
Evidence that you can infer exists based on a series of facts. So, example, we're sitting in here, South Carolina, it's probably going to be 80 90 degrees with 100% humidity. If you walk out here at lunchtime and you see snow outside, it's 12 degrees outside. You see icicles hanging off of the different uh the posts and all that kind of stuff. You see the snow plow going through here.
You see penguin tracks or maybe a polar bear walk by. You are in this room with no windows all day, but you can infer that it's snowed because you see all of the evidence of snow. That's circumstantial evidence. It's just as good as direct evidence if you, the jury, determine that you believe the test will took place. So direct evidence, circumstantial evidence, and last we're talking about stipulations.
Stipulations are agreements between our table of state and that table of defense scheme. They're stipulations that means we have an agreement that a particular fact exists. And if we have that agreement and we alert judge that that agreement exists and judge will have the opportunity to explain to you that that's not a fact that you have that you guys have to haggle about or even argue about because we agree that it's the truth. So direct circumstantial stipulations. Those are the three types of evidence we'll be talking about. And at the appropriate time, you'll have a chance to look at the facts of the case and with the evidence, you'll compare that to the evidence and return a verdict that speaks the truth in this case.
Now, my final ask of you is this.
There's an 11th century philosopher named Omar Ka and one thing that he wrote back then was the moving finger writes and having ripped moves on nor all your piety nor wit shall lure it back to cancel half a lie nor all your tears wash out a word of it.
Now I know y'all are looking at me kind of like what is this dude quoting some 11th century philosophy for?
I'll tell you that at the end of this case, I will explain to you why something written back in the 11 1200s rings so true today in this court in 2026 about a case where that man murdered a 14y old in 2023.
So folks, remember what we've talked about and ask yourselves one last question.
What is the value of the human life?
Thank you.
>> Yes, Mr. Wizards. Yes, sir.
Ladies and gentlemen, the jury, good morning.
>> Oh, Jesus.
>> I My name is Jack Swirling. We met briefly uh yesterday when we were doing the jury selection. Uh and it's my uh position at this point to go ahead and give you what a defense opening statement.
>> I appreciate you being here. Uh, thank you for being here and I hope that you find this experience on your part to be an interesting experience about looking into your judicial system. Uh, you know, we spent uh, let me just back up a minute.
My good friend, the solicitor, uh, just gave a outstanding uh, opening statement himself. But the one thing that I did not hear and the one thing that I do not believe you will hear during the course of this trial is why a 14-year-old would be illegally possessing >> what is that >> semi-automatic pistol.
>> Wandering the streets with that pistol with a laser.
attached to that pistol. A laser to go ahead and ensure better accuracy when you fire the weapon.
>> A semi-automatic pistol that was loaded.
The magazine was loaded and there was a bullet in the chamber.
It was illegally possessed by this young man.
>> So that means you can shoot him.
illegally entered the store because there was a sign posted.
It's illegal to go ahead and enter the store with a weapon versus what Mr. Chow did. Mr. Chow had a concealed weapons permit. He never drew his weapon. He was authorized to have a weapon, but he didn't draw that weapon until his son was in danger of being shot.
The solicitor solicitors in this case want to frame this case is all about a bottle of water.
was all about something.
>> Would he be in danger if he wouldn't have been >> wrongly accused of shoplifting in this?
>> I told y'all. I told you.
>> Nothing else matters to the state in this situation as to why this young man had that weapon, why he carried that weapon.
Because if he didn't have that weapon, he never would have had a weapon to draw on Andy Chow.
He never would have had a weapon to put Andy Chow in danger. And he never would have had a weapon that would cause Mr. Chow to believe his son was going to be shot and have to make a splitsecond decision.
split-second decision as to whether or not to go ahead and fire that gun and protect his son.
>> There's going to be a lot of questions in this case, >> a lot of things that you're going to have to resolve.
>> But I wanted to go ahead and tell you what why this case is framed the way the state is doing it because they don't want to explain.
>> They don't have to explain. He didn't draw it on nobody. You could let him leave that store >> loaded >> four bottles of water and all.
>> Pull it in the chamber with a laser.
Entering the store, wandering the streets. They don't want to explain because you know what? They cannot.
We went through a jury selection process yesterday that's carefully designed to go ahead and make sure that 12 people who will eventually decide this case 12 people from Richland County who are fair >> handles or possess who do not have any preconceived opinions >> deserve to be popped >> who've come in here under oath and said I may have heard about the case but I have not formed an opinion about it. I'm willing to listen to the evidence and the law that the judge gives me and decide this case fairly and truly and honestly.
We went through a jury selection process where as you recall the judge excused number of witnesses for one reason or another cameras >> make sure we had a fair and impartial jury.
>> Raggedy somethings. Oh, >> the state excused witnesses because the lawyers both sides are entitled to go ahead and make challenges to witnesses or permpary challenges.
They we have challenges that we can exercise because any reason whatsoever.
However, what it comes down to is that both the judge, the state, and the defense believe that we have the 12, 13, 14, 15 jurors now, who are the most fair and impartial jurors who can sit in judgment on this case and decide whether or not Rick Child is guilty of murder.
whether or not he intended to kill this young man and he did it with malice an evil.
>> He did when he chased him down mind.
>> That's what mal you judge will describe to you what malice means and you will have to decide whether or not the state has proven that case beyond a reasonable doubt.
So, we are satisfied. We are content that we have the best jurors that could come out of Richland County to decide this case. And we have faith in you. Rick Child has pled not guilty to this offense. And that places on the state the burden to prove guilt beyond a reasonable doubt.
I just want to cover a couple of legal issues, legal principles with you. One is as he sits over there right now and throughout the course of this trial all the way through he is presumed to be innocent.
That's not just a legal fiction. That's not just something you hear on TV and Law and Order or some other one of the great police shows or law enforcement shows on TV.
>> The presumption of innocence is the bedrock of our judicial system.
Everybody accused of a crime is presumed innocent unless and until the state proves guilt beyond a reasonable doubt.
That presumption of innocence is so strong under our law that you are to consider and presume Mr. cow innocent.
Unless or until at the end of the case, after you've heard all the evidence, after you've heard the judge's instructions on the law, you go in the jury room and 12 of you agree, 12 unanimously agree that the state has proven guilt beyond a reasonable doubt.
That presumption of innocence does not disappear during the course of this trial. Now you may say, "Well, that's kind of difficult." It is our law. It is what makes us different than everybody else on the face of the earth. The state has to prove guilt beyond a reasonable doubt. And until you go in a jury room and decide that the state has met his burden of proof, he's presumed to be innocent.
Now, proof beyond a reasonable doubt doesn't just mean any doubt, but you have to prove the case beyond a reasonable doubt. In other words, I believe, I think, uh, maybe, any one of these words, uh, that is not enough to go ahead and convict someone.
It has to be beyond a reasonable doubt.
It's not enough to say, you know, I think I think the state made it burden of proof. I think the state proved guilt. I mean, it's that's not enough. It's beyond a reasonable doubt.
And the be the reasonable doubt can come from the evidence or the lack of evidence. Either way, you are the ones who determine whether or not the state has met its burden of pro proving the case beyond a reasonable doubt.
You're the ones that apply the presumption of innocence. Not the judge, not the lawyers, not the parties, but you.
The state also has a burden of disproving self-defense.
And this is a case of it's a side or it's a collateral issue to self-defense.
Whether or not someone has a right to exercise self-defense and take another human life.
Self-defense is probably the oldest principle we have as man.
All the way back. You have a right to defend yourself. You do not have to wait and someone goes ahead and shoots you or kills you or stabs you or no matter what it may be. It is elementary.
>> They need to stop. Why is that mama not?
>> Person has a right to exercise self-defense, the law of self-defense to defend himself or herself.
And it also applies to defense of others.
Same principles.
you are entitled to go ahead and defend other people in the same similar situation. For example, your son, which is exactly what we have here.
Because if the state doesn't prove beyond a reasonable doubt that Rick Chow did not act in self-defense or defense of others, then they failed.
They have failed to prove the case. the only person >> there's no burden on any defense to prove anything in case.
>> So the state has to prove guilt beyond a reasonable doubt and they have to disprove self-defense or defense of others beyond a reasonable doubt.
And we know that you're going to hold them to that burden of proof and keep our system the way it was designed to be.
That a jury sits between the state or the federal government and the citizens in a in a county or an area >> and decides cases fairly and partially and that no person is ever held to answer for a crime where the state has not met its burden of proof.
The judge will describe to you what the definition of murder is. I told you it's malice of forethought. That's what South Carolina standard is. Murder is with malice of forethought. Kill somebody with malice of forethought. That evil heart, the wicked mind.
The >> as the judge will tell you, a criminal intent.
You have to have a criminal intent to go ahead and be guilty of a crime. You have to intend and >> you do the crime.
>> You chase somebody down.
>> The judge will explain that to you at the end of the case.
>> And I'm not going to go into the details of it, but I just want I bet you are >> principles over to you so you know what we're talking about.
>> Self-defense, defense of others.
Was there a reasonable belief or an imminent danger?
it was a imminent danger and you believed it was reasonable and it was reasonable that someone's life was in danger. Your own life or the life of a loved one like Andy Chow in the under those circumstances, you are entitled to go ahead and exercise that self-defense or defense of others. And the judge will explain to you as I just said that it is up to the state to disprove that. You will hear evidence of that. You will hear in detail exactly what happened out there on that street and what happened when Rick Chow went ahead and fired the shot.
The young man was pointing a gun at his son.
Defense of others. Is that a immediate threat? An imminent threat? Is it a reasonable belief that your son is in danger of serious bodily harm or death?
I submit to you there's not going to be any question about whether or not it was reasonable or whether it was imminent or was reasonable to believe it was imminent. And you are under the law since beginning of time allowed to go ahead and take.
Unfortunately, nobody's saying this is everybody's happy about this, but unfortunately there are occasions in human life when someone has to exercise that right of self-defense for defense of others and another life is taken.
It's sad. It's tragic. There's no question about that. My heart goes out to the family.
>> No, I don't.
>> They may they've suffered a tremendous loss and I don't want you to think for one minute that we're be making that light about that. This was a terrible situation that happened and that young man is no longer with us.
But there are legal issues before that you must decide prior to making any determination about guilt.
And we submit I submit to you right now that the state will not and cannot meet its burden of proof. Proving guilt beyond a reasonable doubt, proving murder, malice of forethought beyond a reasonable doubt, criminal intent beyond a reasonable doubt, or disprove defense of others as a judge will explain to you.
Now, how do you decide that? Well, you're going to listen to the evidence.
You're going to hear the law by the judge.
>> So, he ran that long that far out his phone, got up, fell again, >> and law fell enough to lose the backpack.
>> We don't have any classmates.
>> Reasonable doubt is something you use every single day when you make the important decisions in your life.
Should I go to that school? Should I buy that car? Should I buy that house? Do I need this? Do I need that?
>> You weigh the fact >> pros and the cons.
>> I ain't even >> And no matter what you No matter what the pros and cons are, you're still entitled to go ahead and make that purchase or go to that school or go on that trip, even if it all adds up to being not the right thing to do.
But when you come into a courtroom, it's completely different because if you have a reasonable doubt, if things just don't make sense, if it doesn't add up, it doesn't one thing after another make sense and come to a conclusive decision that the state has proven guilty on a reasonable doubt. You can't disregard that. The oath that you just took requires >> it don't add up. There's no way I'm going to walk.
If you're claiming this is a 14-year-old with a illegal gun that does illegal things, why would he ever walk?
>> Miss Alice, hurry up and buy ass.
>> Submit to you at the end of this case again hearing the law and the evidence or the lack of evidence, you will come to that decision that the state has not met its burden of proof as to proving case or disproving self-defense or defense of others.
You look at the evidence. You listen to the witnesses. Are they consistent?
Have they told the same story, the same everything that they've seen, everything that he did? Is it consistent all the way through? Not only is it consistent between what they said, but consistent with what other people said? And not only consistent with what other people said, but is it consistent with the physical evidence that you know and that you see has presented to you in the court.
You look at motive and interest and bias and prejudice to decide whether or not to believe a witness or credibility of witnesses. You are the folks that decide the credibility of witnesses.
I want to go ahead and as I've said this is it's a tragic situation. My heart goes out to the family that they've lost a terrible loss. Nobody can understand that. Nobody can in any way comprehend what it would be like. And I feel sorry for these folks.
>> No, you don't.
>> I feel sorry for the young man who lost his life.
But it's also about the Chowo family.
Rick Chow and his wife Alice Chow. Rick was born in Hong Kong. Alice was born in Malaysia. They came here early on in life as students.
They went to Louisiana, University of Louisiana.
Rick Chow and Alice Chow became citizens of the United States.
>> So, >> as proud American citizens as anybody could possibly be.
They married. They had two children, Andy and Kenny, who both gone to the University of South Carolina.
Alice was a CPA, earned her CPA degree and a license.
Rick Chow was a professor at Upper State Carolina for a number of years in computer science.
These are motivated, energetic people who wanted to pursue the American dream and they did.
At some point they wanted to go ahead and own a business and that's how they came to buy the store that's in question today. They had that for about 10 or 12 years. They bought it gas station American dream.
They keep on going about your business minimal >> consequence business >> cuz what the [ __ ] I mean >> 10 12 years operated that business the may as told you the situation that's before you Today, young man Carmarmac entered their store.
Now, when he entered the store, he had a backpack.
Backpacks have to be put on the water cooler. This applies to everybody. They don't want anybody walking around in the store.
>> So, where was he carrying the four bottles in his little pocket?
>> Mr. >> That's a dumbass EPA that can't count.
put it up.
You will find out. We'll talk about what's in that book bag later on, but young man entered the store, walked around all around the store, not buying anything, looking at different merchandise, not buying anything.
going to the water cooler strangely removing four bottles one at a time. Then strangely putting them back one at a time.
>> Strangely >> looking nervous hands in his pockets.
Looking back at Andy Chow, looking back at Alice Chow who was on the floor at that time. They were both in the store in a nervous way and they had a suspicion that he possibly could shop with himself.
Now these are this is a store with thousands of small dollar items, water bottle or any other item in the store probably very little profit in. So it's not about whether or not one item was ever taken. It's the same effect in the losses >> that a store owner can feel from that.
So they have a right to go ahead and look and see if anybody's taking it.
>> But he don't have no bag on.
>> When Mr. Belton was leaving the store, he was asked, "Did you take anything?"
And he basically had his hands in his pockets and he turned it up the pockets.
"No. Do I look like I have anything?
>> He was >> Where was the gun then?
>> And at that point, he went to the water cooler, picked up the book bag, and at that point exited the store. There was no physical confrontation.
There was no yelling at him, but there was a request. It was a question that he answered. But Andy Chow still felt that there was something about the way he was acting in the store and he wanted to follow at least to see where he was going so they >> who was he the [ __ ] FBI >> he could report to the police.
>> Keep talking because you don't know when >> at that point exited the store >> Mr. Belton Car Bel started running.
Now, he saw something that he thought Andy J saw something and he thought looked heavy in his hoodie, in the pockets of his hoodie, and that could have been something that he took like the water.
Well, we now know that it wasn't the water, but it was semiatic loaded pistol.
>> We see how this is going to go right here in those boxes.
So, he was telling the truth.
>> We see how this going to go. What did he just leave out, y'all?
What did he just leave out?
He just said Andy felt like he had something on him. Something still wasn't right. So, he wanted to watch him and see where he goes.
So now we know the attorney is a liar because what about the part where Alice yells out to dad who's in the office or defendant who's in the office and Andy who's behind the register because she's the one on the floor. What about what she yelled out and can't sneeze? What did she say? What activated them?
It wasn't did you take something and then he just left. She yelled something.
She yelled something talking about strangely took something off the shelf.
If I pick it up and then decide I don't [ __ ] want it, I don't want it.
That he saw something heavy in the pocket.
The suspicion increased when the young man took off running.
Why was he running? Why did he run? He did increase the suspicion at that point by running. And he really ran fast because he ran out of one of his shoes.
He threw the phones down before he exited the parking lot and he just took off.
>> He threw the phones down.
>> Now, reasonable to believe that he may have taken something? Absolutely.
Reasonable to go ahead and follow him to see where he was going in what direction so he could tell the police? Absolutely.
And he wasn't going to tackle him. He wasn't going to hold him. He wanted to see where he was going.
>> Rick child, >> why do you need to tell the police what direction he went when you had a clearcut image of him >> outside >> and could have looked on the cameras >> and the young man outside >> raggedy mother >> and saw him take both of them take off running.
Rick Chow, the defendant in this case ran following his son and Mr. Carmarmac belt because he was trying to see what was going on with his son, protect his son, make sure his son was okay >> cuz that wife >> he did not know what was going on.
He had nothing to do with the determination in the store, but he was going out there to protect his son, to make sure his son was okay.
It's his son.
The young man hauled down the street, crossed over the street, ran down on the left side of the street toward the apartment complex.
And at some point, he tripped, fell.
Mr. Chow was behind him.
>> Yeah. And somewhere, you'll hear a good testimony about it. somewhere in that area on the street and actually a young man hurt his leg, cut his leg, but when he got up and by the way he also threw his book bag into a ravine down there.
>> So why he throw everything but the gun?
>> Do these things increase suspicion?
Absolutely. It would increase anybody's suspicion.
But when he came up and Andy Child saw that he had a pistol in his hand, it turned out to be the 9 mm pistol.
That one chamber was loaded and had a laser that had been attached to it, but the laser was found in the road, right near the road where the shell casing that was fired out of Mr. Child's weapon.
>> He threw the book pad. Why would he throw the >> Mr. Chow never pulled out that weapon?
The state wants to talk about, well, you know, he ran from somebody who had a 45 automatic semi-automatic.
>> How would the young man know that? He didn't even see Mr. Chow. Mr. Chow had it in a holster the whole time.
He did not pull out his weapon from the holster unless until Go ahead.
>> He didn't pull out his weapon until he was told by his son that the young man, >> but he wasn't told nothing about his wife.
>> The young man, Andy, Andy being a young man as well, when he saw the gun started backing up like this, had his hands up, backing up into the street.
Mr. Belton pointed the gun at Andy J.
>> So if he was pointing at him, how he get hit in the back?
>> Drop it.
He didn't drop.
Andy yelled out, "He's got a gun."
He's standing in the road.
Mr. Chow is coming up.
Holds his gun now. At that moment, at that split second, that frozen moment in time, Rick Chow sees a young man pointing a semi-automatic pistol at his son who's backing up with his hands up and Rick Chow fires his gun to protect his son.
We submit to you that that was reasonable, a reasonable impression that his son was possibly going to get seriously injured or die at the hands of somebody who had a gun pointed at him. That that was a reasonable belief.
And he fired his weapon >> in defense of his son. as I submit to you anybody in this court now you will hear testimony that's consistent with that this what we're I'm telling you right now it's consistent with what has been said in this case by the witnesses and you will hear testimony from various people that you will find is consistent with that that version of what I just told you is consistent there's There's no question that that gun belonged to this young man. There's no question that that young man had that laser on that gun.
As a matter of fact, you will see evidence, we submit that we'll be able to lay foundation in our defense that he was on social media the night before wearing the same clothes holding the same gun with a laser.
>> And how would they have known that?
>> No question. How >> would they have known? You'll be satisfied at the end of this case as about the direction everybody was where everybody was placed in direction where Mr. Chow was when he fired the weapon where his son was and where Mr. Carmich was. All of that I submit to you will be consistent.
Mr. child did not take any joy in what happened. It was chaos.
Adrenaline pump.
Can you imagine what you're thinking about when you had to go ahead and take that action to go ahead and first of all see your son with a gun being pointed out by a 14y old and then having to fire the weapon to protect your son.
What was going through his mind, what was going through his heart, was going through his head wasn't something he did because he wanted to.
He did it because he was trying to protect his son.
But the state doesn't talk.
>> So if his leg was messed up, y'all still ain't said what the wife said. state doesn't offer any explanation or rationalization as to why that young man pulled that gun was walking around with that gun in the streets of Columbia, South Carolina.
Mr. Chow didn't just run away at that point.
He rendered aid. He stayed right there at the scene.
He started doing chest compressions.
You'll hear that.
The young man was regurgitating.
Terrible things, terrible scenes.
Mr. Chow was bending down, cleaning his mouth out, and giving him mouth-to-mouth resuscitation.
You'll hear that. This is a man who acted with malice. This is a man who acted with criminal intent. I submit to you not.
This is a man who was deeply upset about what happened to the point that he was doing some things that I I wonder how many people would have been doing exactly what he's doing to try and save this young man. And then other people came over.
But Rick Chow stayed there, did chest compressions, took vomit out of his mouth with his own mouth so the young man could keep breathing.
And then other people, more qualified people were able to go ahead and try and help the young man. Unfortunately, he died.
Unfortunately, Mr. Child stayed around, stayed at the scene. He was there when the police came, told the police what happened, gave a brief description. It was not an interrogation. It was not an interview.
It was not a complete uh what I would call an interview by law enforcement, but there were snapshots taken of different people. Andy Child, Rick Charow, some of the people who were at this at or around the area there.
He stayed there that entire time, went back up to the store, and when the police came up to the store, he showed the police the videos that they had. He was cooperating 100% doing everything he could to not only save the young man's life but also also to cooperate with the police.
Everything he could.
His wife was doing the same thing. His son was doing the same thing.
This these were not people who had any kind of joy in what had happened. They were upset.
It's terrible.
Not bad as obviously the parents of this young man. Not nearly to that level, but having done having shot somebody and having someone died, it's got to be something that's just so difficult to go through.
>> Poor him.
>> When he agreed, they gave over all the videapes to the law enforcement as well that were in the store. They all agreed to go down for further interviews at the sheriff's department over the course of the next few days to give a real interview as to what happened bit by bit, word by word.
But within 15 hours before any of the investigation really had focused with detailed interviews with forensics things from the labs as to whatever ballistics DNA whatever the issues were within 15 hours when Mr. Chow was called down he was told to report to the sheriff's department placed under arrest for murder.
That's how long it took. 15 hours, >> ladies and gentlemen.
So, it took no time. No time.
>> I again say this to you. The state wants to frame this as a situation where a young man may have taken some small item from a convenience store.
>> He ain't take [ __ ] >> Chased.
He wasn't chased. He was followed.
Chased and shot down because he had taken something from that convenience store.
I see it's not very simple.
>> You can't frame it like the state wants to frame it.
>> Andy Chow had a reasonable belief that something took place in the store. He followed the young man out.
Rick Chow had a reasonable reason to go ahead and follow his son to see what was going on to protect his son.
Andy, when he saw the pistol being pulled, as the solicitor pointed out, 130 yards down the road, he started backing off with his hands up.
And his father saw that pistol being pointed at his son with and by a 14year-old young man.
He had to make a split be second decision to go ahead and defend or not defend, fire or not fire to protect his son, his pistol.
What should he What should he have done?
Because that's what the state is trying to get >> called the police and showed them the cameras.
>> That's what it's all about now.
ain't took a damn thing.
>> I think there are I submit to you and I'm going to sit down in a moment and I appreciate you listening.
>> There are three questions in this case.
one of them in there's no particular order, but what was a 14-year-old doing walking around Colombia with a semi-automatic 9mm weapon in his back book bag or I mean I'm sorry in his hoodie with a bullet in the chamber illegally possessing that weapon, illegally walking into a store that barred people coming in.
>> Sir, that hairline is illegal.
>> Another question is would any reasonable person believe that their son was in imminent danger of death or serious bodily harm such that they had to exercise the right of self-defense?
And what would any reasonable person the third question what would any reasonable >> why would you leave the dang on >> fire >> the safety of the store >> that's something that >> when your camera see all the way to the street >> Mr. Chow told him to drop the gun he didn't Mr. child had the gun in his holster. He didn't pull it out until he saw it or his son said he's got a weapon.
Again, he made that split-second decision. It was a malice.
Doesn't even fit the definition of what murder is in South Carolina. Malice protecting protecting his son.
No criminal intent. fired one shot, stayed there, tried to render aid, life-saving aid, and cooperated with law enforcement, stayed on the stayed on the scene, agreed to further interviews, then was arrested within 15 hours. Quick decision >> cuz there was no question.
>> I'm going to sit down.
>> Looking like Lloyd from damn uh Back to the Future.
I submit to you there's one scenario more frightening >> then he makes at first I was somebody might actually listen to this fool but more semi-automatic pistol one in the chamber >> walking around town with a laser >> so what So, >> so >> one there's one scenario >> and he ain't never >> he ass pinky toe for following him like that.
>> I get it. He just decided not to spend his black ass dollars with you.
>> Didn't even want the water.
>> Automatic pistol loaded chain with a laser >> and you still ain't said what she yelled to them people.
>> Is that a >> tell us what she yelled in the education. You skipped that whole [ __ ] part.
>> You just told a whole different story >> of making good >> Where the video? I want to see if she look like she yelling >> judgment decisions.
>> That is more frightening than anybody in that same situation.
And that's what Rick Chow and Andy Chow were faced with that day.
I challenge the state at this time to offer some justification or rationalization as to why this young man possessed illegally possessed a semi-automatic pistol with a laser and entered a store with that. Whether the merchants knew it or not, that is not the issue at this point.
But why? You're entitled to know why.
At the end of the case, >> we hope that you will find that they have not met their verdant proofs. You prove guilt beyond a reasonable doubt for the evidence or the lack of evidence and that they have not disproved beyond a reasonable doubt that Rick Chow acted.
>> So why? They never knew he had it. That mean he was never a threat with it inside that store.
>> He been a danger to his son death of serious power harm or he reasonably believed that. Thank you.
>> All right, ladies and gentlemen, we've been going just over an hour and we told the first witness rather lengthy.
take our morning break right now also the process of sequestering witnesses I don't want you to infer anything from the fact that certain folks aren't in much like the selection process where I segregated you from one another influence your neighbors with the witnesses that care about the case, done anything wrong or anything of that nature.
So if we recess, let's say 11 as I told you yesterday, don't discuss the case amongst yourselves at all.
Again, don't do any research, anything like that. And we will see you back in here.
One more.
over there with his ceiling on the court.
>> That's him right there with the glasses on and his ceiling missing.
All right, y'all. We on a 15m minute break. We going to have to woo for real.
Y'all hear me?
All right, guys. I know I have been shamelessly graveling, but I have to.
Um, so since we started our new public pages on Meta, both Instagram and Facebook, so that we are able to um eventually share trials there. The goal is to have it there by the time Kefi D go up in that courtroom for uh Tupac. Um but the go the rule for new meta pages is at least 60 followers and stick and open for 60 days. So we are on our 60-day journey. I think we might be close to a few weeks now. But if you have not already, please follow our public um in that's the Instagram page and this is the uh Facebook page.
That way we can have um another way when we do our lives and things of that nature, they'll be available and um there'll be another way to watch them cuz what we're going to do is we are going to lean our YouTube page towards the pink edit which will be our weekly recaps when there is a current trial and then our lives will be on Twitch, Facebook and Instagram and of course on the Facebook you can go back and watch because I know that was a big thing about being able to see them.
Oh, sorry, Summer.
About being able to see them later and we weren't able to see them because um um there's no replay on Twitch. So, so there is some sort of replay um out there. We're going to put it with our our Facebook in order to do it has to be public and I didn't want to make my personal Facebook public.
Yeah.
So, we wanted to make sure we get those both up at least to the 60 and 60. I think it's 60 days. And I had to look again on Streamyard and tell me.
Yeah, they're they're together. They are the the the meta platforms.
So, Meta's new rule is you can't if you got a new page, you can't go live for 60 days. And I think if it's a business type, well, not really a business page.
I think it's set up as a digital creator page, but um without it having that uh public element to it, folks on Facebook can't um they can't they can't comment. So, you know how we have all the platforms there, all the different um comments on the screen, the Facebook folks could not um they could not comment at all. So we are working on those pages to go ahead and gain a little bit of tenure and their little bit of seniority but most importantly um the lives will live forever on the public Facebook page. Now I do not do the recaps will still remain in the the recaps and the playlists will still remain on Tik Tok.
The thing is um the link for the recaps will be updated and the link will be posted on Facebook and Instagram but we not going to uh we not going to do the whole thing.
Okay. So the way this is going to look Facebook will be where the lives live and of course give access or links to our recaps. Instagram will be where the pink edit clips live. Um, so as we get into doing the pink edit and doing our full recaps, those recaps will live live there. Um, clips of the recaps will live there. Tik Tok will remain the holy grail for all recaps and playlists for the full trial. And then, um, Twitch will be our live area.
Good morning. Good morning. Good morning.
Yeah, a lot of things change. I think what it is if each platform would like to remain as um individual as possible. So each platform has it is like enforcing the rules of what it does different if that makes sense.
Hey CJ.
Oh, thank y'all for Tik Tok. Tik Tok took off because of y'all.
on Tik Tok today. Saw you live here on YouTube. Yes.
Uh what about YouTube, Mocha?
Well, summer I'mma do and to be honest, I think I'll probably do Twitch for the lives. I'll probably do Twitch, YouTube, and um and Facebook. I just won't leave them up on YouTube.
The only things that I'll leave up is the the recaps from the Pink Edit.
Amanda, I have X. I just have never used it.
I'm I mean I'm on there, but I just have never used it. Oh, well, it might help if I put this up to I think they're all updated now in the uh what you call them on Twitch with a computer. Yes. So, we'll probably be live from all of them.
It just won't you won't be able to go back to those lives on the YouTube page.
I'm only going to leave up the pink edits once they start.
I I'll get on there every now and then because I always get love on there or people would tag me a lot during Karen Reed. Um shout out to Lexi. Lexi the law nerd. She she tags our our lives and puts them there. Um when she's watching cases with us um stuff like that. So, so I use it sometime. I'm just not as consistent. I'll say that I use it. I'm just not as consistent as I am other places because normally the if I don't do anything else, I'm going to do the recap, right? And the recap usually lives on Tik Tok.
I've not I I think my Instagram and Facebook I don't get on them as much because one they're so old that it's like a bunch of personal stuff. So I didn't want them like open.
So it's like now attempting to build a Facebook and Instagram page is like what?
But um but if that's what I have to do to make it open and public and have a place for these lives to live then um forever and ever and ever and ever, then we'll go ahead and do that.
What was that? Uhoh. Might be one of y'all's nephews.
Oh, Oh, wow.
Y'all, dude, the openings are crazy, y'all. We are going Let me ask y'all.
How do y'all feel about all these official pages um GoFundMes and uh I guess this lack of accountability.
First I saw Sean Gathright had the a post that oh I got an official page and reach out to my management. That's what it was in regards to Sean Gath.
Right. And then there was a statement, I'll be home soon.
Then I saw that now Alicia Andrews has joined in on that and has an official Alicia Andrews page and there's like working on the legal defense and things of that nature.
Now, I'm going to say allegedly because I don't know, but I have seen multiple y'all know that some some for for whatever reason people tend to give me information and because I can't absolutely verify the information, you know, I don't really pay it any attention because I I can't verify it, right?
But when I start to receive multiples of the same type of information, I have to at least be aware of the possibility of the theme of the information, right? So, if everybody keeps saying the same, if a bunch of people keep saying the same thing, there may be a piece of truth to it allegedly.
And if that is, then maybe there's there could be a possibility that somebody we saw charging Julio Fulio could have another M coming.
Have y'all seen that?
So, I I don't know what's going to happen, what's not going to happen, but it's just like I can't believe that.
Oh, real y'all have Okay.
I can't share. It's all alleged.
Allegedly. Allegedly. Allegedly. Uh, wait a minute. Where it go?
Can y'all see I got my sign up? Y'all see my allegedly allegedly allegedly allegedly another city, state, county was waiting for Tampa to finish because there may be some alleged connections with those poppers.
Allegedly. Allegedly. Allegedly.
And um I've I've seen the same name. The same name has been given to me seven times. Okay. Seven.
Seven times.
Let me go to this. Let me see.
I don't want to give out the name.
Uh, no. I heard it was JSO.
I heard it was the Jackson Sheriff's Office. Now, if it's the Mississippi, I think it was considered justified or something like that in the Mississippi one, but um, no, this is Jacksonville.
The information that I gave at le I just counted them. At least four of them.
Four of the seven that I've received say Jacksonville, but all seven say the same victim.
Okay. So, if that is the case, I don't know.
Allegedly, these are people that just see my page sometimes. Y'all know how crazy it gets. You know, y'all, a couple people may know, but you know, we've had people who testified and get off of the stand and write me.
Like, who was that? The Gris trial. Like, it it it gets crazy. My inbox gets crazy.
It truly does.
It it gets really wild in the comments, but the the stuff the the fact that people can't just message you. They have to um like it has to be accepted.
There's that that inbox there is so many hundreds and hundreds of I have to go in and accept them or they can't write me anymore. But when people start sending me the so they'll get a lot of people to keep sending it to me and then I have to go and make sure those are actual legitimate accounts and it gets wild.
Okay.
It gets wild. Yes, Aaron.
No. in the grist trial. Somebody who testified end up seeing my um end up seeing my post and end up writing me saying it was so much more they wanted to say. Not to me you a not to me you won't be saying it.
Leave me out your business.
All right. Well, first before we get started, Um first was they need waters and coats that taken care of the second question. How does lunch work 15 hour and a half break for lunch?
suggestions.
>> No, sir.
>> Okay.
So, we can have like a window.
Your honor, seems like you normally take a woman.
>> I tried to take it sometimes, but I was sort of anticipating you say this is lengthy break after >> full.
Hey, we jumped up some followers.
Oh lord.
They said this this first witness is going to be rather lengthy. Who is it?
And I wonder how long is this trial supposed to take. That's one thing I usually look up and I did not look up how long they predicted this to take.
What's up?
and was one floor cupcakes. Denver is still running around here with his sonic lay on. Talk about he gadget mate.
four bottles of water Kathy that he can clearly see.
I think they also have some snacks too.
As far as lunch, I'm not going to rest today.
We typically try to take a break for lunch. Excuse me. depending on the limit schedules around 12:30 to 1. will take about an hour, 15 hour, 30 minutes because I know we all have the process of getting through the metal detectors all looking to try to break.
All right. So, let's take over.
Seat witness stand for the record.
>> I was getting into that. Jana.
>> Okay. Mus. Where are you employed right now?
>> G Falls Police Department.
>> Okay.
Chester County.
>> It is Chester County. Yes, sir. Back in 2023, where were you employed?
>> The Rich County Sheriff's Department.
>> Okay. And what were you? The deputy road deputy back then?
>> I was on patrol. Yes, sir.
>> Okay. Do you recall the night of or the late afternoon of May 28, 2023?
>> I do. I was working uh on shift that night.
>> Okay. What were you up to around 8:00?
Uh we're dealing with a few individuals who broke into an apartment off of Wrench Road and then I was dispatched to 7441 Parkland Road.
>> Okay. So you're dealing with what you said a breakin of some sort on one part of town and then you said you're dispatched to 7441 Park Lane.
>> Yes sir.
>> Okay. And what was that in reference to >> the parkland call?
>> Yes sir.
>> Uh in reference to a shooting hit. So someone that got shot.
>> Okay. What is that? 7441 Parkland Road.
>> That is the Shell gas station.
>> Okay. Is that Griffson County?
>> It is, sir.
>> Okay. Is that where you initially responded?
>> I did. Yes, sir.
>> Okay. Um, let me let me ask you u sort of generally to orient the jury.
Uh, that that location, that's Shell gas station, 7441 Park Lane. Um it it sort of sits at the corner of two roads. Is that right?
>> Yes, sir.
>> Okay. We obviously Park Lane Road.
>> Yes, sir.
>> And then what is the road that cuts up beside it?
>> The secondary road is Spring Tree Drive.
>> Okay. And uh Springtree Drive. It What does that end at some point?
>> It does. It goes into apartment complex uh called Willow Oak if I'm not mistaken.
>> Okay. Um let me show you a number of pictures that that sort of sort of show that that area. This is states 14 through 31. Tell me if you just generally kind of recognize all just look through them and just I'll ask you a question after you review them.
Okay. Um, do you recognize those?
>> I do.
>> Those generally take that area discussing 744 Parkland and then Spring Tree Drive.
>> Yes, sir.
Okay. Um, Spring Tree, you talked about a dead ending at some point that need some parts. How would you describe Spring Tree Road?
Uh, that's a road that goes to a dead end.
There's three apartment complexes.
220, 250, then 100 drive.
>> Okay. Is it a a hilly road? Is it a wide road? Is it a narrow road? Is it a flat road?
>> Pretty flat.
>> Okay. Is it a curvy road? Is it a straight road?
>> It's a straight road. It looks straight shot.
>> Okay. Now, you said uh the the call for service um had you going to 7441 Park Lane Road, which is at Shell gas station. Were you directed elsewhere after you arrived on scene?
>> Yes. So, when I arrived on scene, uh stepped off my patrol vehicle. I was flat down to go slightly further down towards 220 Springfield Drive.
>> Okay. So you go to the Shell gas station and then later you're rerouted up up farther up the road. Yes, sir. On spring uh and and then you went immediately to where you were directed to go.
>> Yes, sir.
>> What did you observe once you got there?
Uh, I observe Mike or black guy laying on the ground with a bystander doing chest compressions on uh the individual and multiple witnesses just standing by.
>> Okay. Did did you later learn who the black guy was who was on the ground >> later? Yes, sir. I did.
>> Um, at the time, did you understand him to be um the victim of the the shooting that you were responding to?
>> Yes, sir.
>> Okay. And you said he he was medical aid was being rendered on him when you arrived. Is that correct?
>> Yes, sir. That's correct.
>> And so what did you undertake to do once you arrive on scene?
>> Uh I just told the individual continue to do chest compressions due to EMS being like 10 seconds or what?
>> Were you first responding?
>> I was. I was first deputy on scene.
Identify it's going to be states 14 through 31 permission and evidence.
>> Objection.
>> All right. States 14 through 31 without objection.
>> And permission to go ahead and start publishing.
>> I just want to to orient the jury. You mind just kind of explaining some of these things about put on the screen?
>> Yes, sir.
>> Okay.
United States.
>> Okay. Deputy English, do you see that 65?
>> I do.
>> All right. If we're looking at stage 15, we're looking at the right side of this photograph. What road is that?
>> The one that goes up and down. Correct.
The park lane.
>> All right. And that red roof u structure is what?
>> That's going to be Shell gas station.
>> Okay. The road that cuts between from Park Lane uh and then and then um uh goes uh to the left of the picture is what road? Spring, right?
>> Okay. And that's what that's what you were describing.
>> Yes, sir.
>> Um and these are the apartments we see the roofs of. If you if we're looking at stage 15 and we're looking from right to left, left side, you see some swimming pools and whatnot. There's the apartment complex that you're talking about.
>> Yes. 220 Spring Street and a little further down 250 Spring Street.
>> Okay. And your testimony as you arrive at 744 Park Lane and you're directed farther down street.
>> Yes, sir.
So you talk about this being park land that being the the Shell gas station.
>> Yes, sir.
>> You're right. And then you're directed down this way down Spring Street.
>> Yes, sir.
>> Okay. And did you see generally where you were you found the victim of the gunshot in this picture?
>> Yes, sir.
>> So if you look where the little wooded area is.
Yeah. About right in that area right there.
>> Okay.
And that's where you you were talking about seeing call the black guy. Do you know him now to be Cyrus Carmarmac?
>> I do. Okay. And he was he was lying on the ground. You said people were rendering into >> one bystander. Yes, sir.
>> Okay. Did you also see the defendant, Mr. Child, at the scene at that time?
>> I did.
>> Did you understand was when you first arrived?
>> Not at all.
>> Okay. Uh what were you doing? I mean, were you securing the scene? Were you collecting evidence? What what what exactly were you doing?
>> So, one was trying to secure the scene.
Um I was informed that there was a weapon on the ground. So, I wanted to secure that in the back of my patrol vehicle while also setting up crime scene tape and let EMS do what EMS does.
>> Okay.
When you left the 7441 park lane to go to where the victim was, did you walk up the street or did you drive your car up the street? I drove my patrol vehicle.
>> Okay. Um, how would you describe the distance between that shell station to where the victim's found on the ground?
>> I say about 130 yards.
>> Okay. I mean, would you describe that distance as being significant in any way or why why do you walk from the gas station up to the seem pretty far?
So you chased him for a while.
>> Remember me showing you um some drone footage that sort sort of shows a video going from the gas station up the street to where the victim was?
>> Yes, sir.
>> And did that uh fairly and accurately depict what you yourself witnessed whenever you drove from the gas station up to where Mr. Wilton found?
>> Yes, sir. This is states number two. Do you recognize that video?
>> I do.
>> State does offer states number two.
All right.
Okay. Permission to publish.
>> Yes, sir.
>> All right. Before you start, Stephanie.
All right. What are we looking at right here? Just and I hate to keep blabing the point, but I want to orient everyone with what we're looking at here. This um we're looking at this first shot.
Stage number two. We're looking to the left. First of all, is that the Shell station at 744 in Park Lane?
>> That is.
>> All right. Now, English, if we're looking back this way, that would be Park Lane, right?
>> Correct.
>> Okay. And then this road right here, we see a couple cars on the side. That would be Spring Tree.
>> That's correct.
>> And of course, Shell gas station sits on the corner park and Spring Tree. You are test.
>> Yes, sir. Uh, do you recognize this as the front entrance to the gas station?
>> I do.
>> Okay. All right.
Okay.
Okay.
And we end on that video. Is that essentially where you found Mr. Carmarmac 28, 2023?
>> Yes, sir. I thought it was.
>> Okay. And that accurately depicts the pathway you would take to get there from the gas station.
>> Yes, sir.
>> All right. Um, you talked about seeing Mr. Belton and aid was being rendered. Do you remember the fire department showing up?
>> I do. I remember EMS and fire department showing up.
>> Okay. You remember EMS showing up? Um, do you remember eventually Mr. Belt being taken away in ambulance?
>> I do.
>> Okay. Um, at this point he's being taken care of. Does your focus shift to um crime scene integrity?
>> It does.
>> So, did you put out crime tape and whatnot?
>> I did. I put out crime scene.
>> Uh and a crowd started to gather at that point or were there people on scene other than Mr. Child, Mr. >> There was uh just bystanders, some who heard it, some who witnessed it.
>> Okay.
>> And did you at some point try to speak with some of them?
>> I did. Okay.
Uh, at some point while you're out there, did you begin locating evidence?
>> I did.
>> Okay. You remember a backpack?
>> I do. A black backpack.
>> Okay. And where was that?
>> Like in a You can't see it from the picture.
>> Go back to see if we can uh >> But it was located in a drainage ditch.
And I'm gonna get to it in a minute, but you're um Yeah. You see? All right. This is what was this is states number 26 that's been admitted.
>> All right. Do you recognize these two poles right here?
>> I do.
>> Okay. And do you recognize this stand of Bradford? These trees right here?
>> I do.
>> Okay. Just would you agree that where I'm pointing this corner is essentially where Mr. Delton's found?
>> That's correct. Yes, sir.
>> Okay. And the drainage ditch you're talking or the drainage I guess how did you describe it?
>> I call it drainage ditch.
>> Okay. Is that what you're talking about right here?
>> I am.
>> Say again.
>> Yes, sir.
>> Okay. And what did you say you found down that drainage ditch?
>> Uh black uh backpack.
>> Okay. And um did you come to understand who who that belonged to >> at the time? We didn't uh but we later found out who it became.
>> Mr. Belton.
>> Yes, sir. or was associated with him somehow.
>> Yes, sir.
>> Did you collect it?
>> I did.
>> Okay. Uh what else um in this general area that we're looking at station number 26 did you locate?
>> Uh a shell case.
>> Okay.
>> And then um a tactical light.
>> Okay.
>> Were you wearing a body worn camera at the time?
>> I was.
You saw a tack light. What is that?
>> Uh, it's a attachment that you can put on a firearm.
>> Okay.
>> Like a pistol.
>> And something you would what manually put on a pistol.
>> That is correct.
>> Are these common or uncommon?
>> Pretty common for people who shoot I guess towards the night time. Okay. And what do they do? They provide like a flashlight. Some have like a laser too.
Help with accuracy.
>> Yes, sir.
>> With vision. Do you own pistols with tack lights?
>> Me personally?
>> Yeah. Have you ever been issued one or have you ever >> Yes, sir.
>> Okay. You say they are not uncommon?
>> That's not uncommon.
>> Um, what else did you find? You got the backpack. You got a tack light. And the tack light was attached to a gun or not attached to the gun?
>> It wasn't attached to the gun.
>> And it was just lying somewhere in this this here.
>> Yes, sir. It was located near the shell casing. Also located >> So you found a tack light and you found a shell case?
>> Yes, sir.
>> Okay. And did you mark those anyway?
>> I did.
>> You said uh started to ask you at least you had a body warn camera at the time?
>> Yes, sir.
>> And it was operational. It was >> okay. Let me show you stage number one.
See if you recognize this.
>> I do.
>> Okay. And does it now we accept the court state defense is um muted portions of it.
>> Okay.
>> You you watch that earlier today.
>> I did.
>> And aside from that the agreement everybody that portions would be muted, does it fair and accurately represent what you yourself witnessed?
>> Yes, sir. May 28, 2023.
>> Yes, sir.
>> Yesterday's rul.
>> Yes, you're on. 32 through 43 which are still from stage one.
>> All right. State at this time all for states number one permission evidence permission subject to yesterday.
Hey, where's he at?
Hey, EMS is already here. Okay, keep doing okay. Okay, okay, okay.
Okay. Yes, sir. I see that. Okay. Okay.
Okay. Okay.
Hey y'all. Stand back. Stand back.
Happy Wednesday.
>> I'm going to need your information since you were doing compressions. How long are you doing compressions for?
>> 30 minutes. All right.
I don't care if he was wasn't 14. I don't care if he was 28 and dressed like he was about to be next in Mortal Kombat. If he didn't do anything to you and you just felt like you might have done something, you didn't have no business chasing him.
To >> be honest, at the point where he started chasing him, the self privilege landed on the one.
59 right here in the back.
I got it.
>> You see it? I got it.
>> Oh, you too.
You want to go get Are you where's your idea at right here?
right now. He's talking to me. You're not talking.
Stay right here.
Stay right here. Sorry.
You guys see?
Hey, get over here. Get over here.
Don't let me forget I have your ID.
>> Hey sir, do not move. Thank you.
Hey guys, I need your job as well.
That's where you were noticing the tack lighting.
>> Yes, sir.
>> Okay. And then did you do anything to mark at time?
>> We did. Uh I want to say like a card.
I'm not going to stop it again, but but after that is is that about whenever you find the shell casing and you point it out and mark that as well.
>> Yes, sir.
>> Okay.
Check my name.
You guys Sorry. Stay right there. Stop moving.
Stay right there. Stay right there. US.
Come on. Keep going. Keep going. Keep going.
You got it.
And I promise you when we get to you, do not cross this tape.
If you cross this tape, sorry, don't pick up anything off the ground either.
If you cross it or pick up anything off the ground, I'm charging instruction.
Watch out for showcasing.
Yeah.
He went down there to do something. I didn't know he was attacking.
>> Yeah, that's the one who did compression. That's who did that.
Apparently this is getting their information.
>> Did you get your uh information to other >> your ID?
Okay.
>> Thank you.
>> Which is weird because the in there doesn't match up.
I think that just got the back at all.
to tell you.
No history or nothing and nothing will take.
He shot me.
On the way down here, Sorry.
He's behind.
Is that store still Open.
Just look at you.
The son need to be charged. The mama should have been charged as a principal.
That's what I'm talking about, Sharita.
That's what I wanted to know.
Mhm.
As far as you know, are you the first one to speak with Rick Child as far as law enforcement is concerned?
>> Yes, sir.
Notice there was some confusion, but at first whenever you find the gun uh when you first arrive there, you seize that weapon, >> correct?
>> Okay. And then you find the case and then there's some confusion because you say, you know, >> yeah, >> um you had not seen the gun off of Rich at that point.
Let me show you stage 32. Is this just kind of a screenshot from your already screenshot of your body camera?
>> Yes, sir. That's originally what I was saying.
not cuffed and still had his thing on him.
>> 632, please.
This is a screenshot right from your body cam that you've already introduced.
>> Yes, sir.
>> This right here, uh, be the navigator that you collected initially.
>> Yes sir.
>> Witness can come down sticking up.
>> Most of this is found.
objection. I understand.
We watched the body, right?
>> We did.
>> We saw you collect everything.
Let me just ask you, what is this black item here?
>> A firearms pistol.
>> Okay. When did we see that go on your bike?
>> When I first arrived on scene.
>> Okay. And what did you do to that black object?
>> Uh cleared it, rendered it safe. Okay.
>> Placed in the back of my trunk. This is state number 11. You recognize this?
>> I do.
>> Okay. What is that?
>> The firearm that's in this picture right here.
>> Got a state offer stage number.
Yes.
States 11.
If I ask who I address Ready?
>> Okay. Um, we talked about the um 9 mm and that was number 11.
You took it back to the car and secured it.
>> Yes, sir.
>> Saw in the video a Okay, let me show you states number six.
Look at this.
>> Okay. Uh Stephanie, you put up stage 35.
identif All right. In this picture, see those markers on the ground.
that this placard right here is is there to mark what >> marker specifically.
>> Okay, the tagline we just introduced the states number six. Correct.
>> Okay. And let me have 37.
Okay.
Do you see you talked a little bit earlier about a drainage ditch? You see the drainage ditch in 637?
>> I do. Bottom left hand corner.
>> This little area here.
>> Yes, sir.
>> Okay. And then aa you just said >> correct.
>> All right.
We have 38.
What is this?
Do you see the tagline in this picture?
>> I do. This is before the markers place.
>> Okay.
In the um body cam show you throw in some pads and stuff. What were you doing there? So just due to me physical possession >> yellow this 138 >> what is states number let's see go back Stephanie to 35 What is uh stage 35? What is that placard abasing?
>> Okay.
>> And do you remember on your body cam when you located it on that video?
>> I do.
>> Show you stage number seven.
You might not. Do you remember it being there?
>> Okay. Stage number seven. Get you.
Does it list the marker?
It does. It says marker A.
So, but you yourself didn't collect that casing. You just identified it and let crime scene.
>> Pick it up later.
>> Correct.
>> Um, noticed on there, were you present whenever the firearm was finally located on Mr. Chow?
>> Uh, once I walked up, sir, >> and they were taking it off.
>> This is st number 10. Look at it. See if you can I do.
>> You recognize it?
>> I do.
>> Okay. And was that what was that?
>> It says Glock 45 caliber on here. I think the model was a Glock 30.
>> Do you recognize this? The U weapon that you yourself saw from Mr. >> Yes, sir.
Um okay. So after the scene was u cleared, Mr. Belton was taken away.
What did you do next?
>> Uh ran the firearms. Uh created a crime scene log and just waited by for a crime scene. informed the death sergeant of what happened for the incident.
>> Did you ever have a chance to go back to441?
>> Yes, sir. Myself along with other investigators walked over or drove over on the two um to look at the surveile footage.
>> Okay.
>> Did you go with investigative Jordan?
>> I did.
>> All right. And was your body worn camera on at that time?
>> It was.
>> Um, and was it recording?
>> It was.
>> Okay.
We'll probably have to look it up. He hasn't uh said anything yet.
>> Let me show you 49 through 52.
>> Defense attorney only heard from uh Jack. with the Dex.
But >> after you cleared the scene, you talked about the evidence of the scene, crime log, everything. Then you go back up to 7441 apartment.
>> Correct.
>> Body camera still.
>> Correct.
>> Did you go in the store?
>> I did.
>> Okay. Um, were you able to further talk with Rick Child?
>> I was.
>> Okay. And, um, was Alice Child there?
>> She was.
>> Who else was there?
>> Andy Child if I'm not mistaken. Okay.
Um, were you or were you not able to go back and and review video with Rick Chow?
>> I was.
>> Okay.
>> And was that filmed on your body camera?
>> It was. Yes, sir.
>> Were you with investigator Ty Jordan?
>> I was. Um, show you states 49 through 52. Tell me if you recognize those.
>> This is us looking at it.
the security footage. This is multiple cameras on the screen.
This one shows us inside the store with uh Mr. Cyrus.
This is a zoomed in shot of Mr. Cyrus at like a cooler, >> I guess you can call it. And then the last photo is us talking with Mr. front of the cash register.
>> State for states 49 through 52 for admission of evidence.
>> 52 original objection as 52. Yes. Other than that >> they will be entered or admitted rather as states 49 through 52 subject to objection.
Okay. Uh, tell me about Was there anything what was it? The convenience store.
>> It was >> Was there anything noteworthy or anything that that you notice when you go in the store?
>> Uh, so soon as you walk in the store besides the normal gas station stuff once you walk up to the counter where the cashier is, I mean they have like different things up there. Lottery tickets at the top.
Sorry. Top there's the wall chain. Um, it's pretty big. That has multiple people that's been in there prior.
>> Okay.
>> Um, let me show you stage 52.
We already seen it, but let me publish it.
>> All right. First of all, who is this individual in stage 52?
>> That's investigator George.
>> Is he here in the courtroom?
>> He is.
And this is who >> Mr. Child >> I do.
>> Where is he?
>> And this is who?
>> Mr. Andy Child.
>> And this What is this? Is this what you were just chain?
>> Yes, sir.
Um, so you're there and you clearly this is your body cam.
>> Yes, sir.
>> Some point while your body cam, you go back. You said to the Where is the um surveillance room?
like behind the counter like a lot of office space back over there.
Okay.
Um show you space number 49.
>> All right. Where where are we looking 49?
>> We're inside that office space looking at the surveillance footage.
>> All right. And whose head is that received?
>> Mr. Rich.
>> Okay.
>> Do you know um All right. What are we looking at on his laptop?
>> Multiple uh cameras uh surveillance footages.
>> And there were a number of different camera angles. Is that fair to say?
>> Yes, sir.
>> Is that what y'all reviewing here?
>> Yes, sir.
>> That's all I need.
>> What are we looking at here? uh one of the actual cameras and then in the far right top right sire of that camera it's Mr. Cyrus.
>> Okay, tell me about Mr. Child. Was he able to demonstrate different capabilities with this surveillance system while you were there watching?
>> Yes, sir.
>> All right. Such as >> he was able to find what what area go backwards on when the individual walked inside when he was walking around. Oh, wow.
>> I see.
>> Any camera angle we needed to look at.
>> So, he was able to access these different camera angles while you were there watching?
>> Yes, sir.
>> Um, was he able to reverse?
>> Yes, sir.
>> Fast forward.
>> Yes, sir.
>> Blow it up, you know, make it bigger.
>> Yes, sir.
>> Was able to do all that?
>> Yes, sir.
>> State 51.
What do we see here? uh the photo or yeah the photo from before but zoomed in.
>> Okay. So he's actually taken the angle we saw before but zoomed in on it.
>> Correct.
>> And then you were able to watch this particular video play out in front of you.
>> Yes sir.
>> Yeah. As far as states uh 51 and what you hear that video that angle what did you all discover when you watch it?
>> Uh Mr. Cyrus, I think, grabs several waters from that cooler and then places them all back.
>> Okay. As if he decided he didn't want them anymore.
>> Okay. Well, is it safe to say that this is kind of the moment that y'all realized he never took anything?
>> Yes, sir.
And um all these you've been able to watch a lot of these surveillance videos since then.
>> They were seized understanding as far as understand.
>> Yes, sir.
>> All right. Stage three.
Do you agree that that's the surveillance video taken from gas station?
>> I would agree.
He never took anything. Nicole, he put them all back and it's all on camera. He picked up four bottles of water one at a time and then he put the bottle the bottles of water back one at a time. I want them to play this this damn surveillance.
Never took anything.
Mr. Byron Gibson V. Oh, baby. He was real strong about who he is.
Oh, excuse me.
>> Thank you.
for the record.
>> Yes.
Who at the scene on the night of May 28th, 2023, who who ever said anything about Cyrus pointing a gun? Nobody.
>> Nobody.
>> You were the first to talk with me.
>> Yes, sir.
>> The testimony under oath is nobody said told you that night that Cyrus pointed a gun at >> Yes, sir. No one told it up.
>> In your body cam, when you talked to Rick child, what does he say? Does he say he ever saw gun?
>> No, he said his son. Okay. What if anything did he say about Cyrus trying to run away?
>> He just said that he failed, kept running.
>> Okay. And then what did Mr. Rick Chow do as Cyrus was running away in his own words?
>> He told him to drop the weapon and proceeded to shoot one shot or fire one round.
>> Okay.
And I noticed at some point uh he left the scene.
Do you know where he went?
>> I don't know where he went. I can assume he probably Well, don't do that.
>> He He left the scene and we see on the body cam when he's coming back up to where Cyrus is and you you speak with him.
>> Yes, sir.
>> Let me ask again. Um on your body cam, we see uh you approach him as he's coming back towards the We know he's there when you get there. Mhm.
>> At some point, you're able to beat him as he's coming back from Parkland towards the scene.
>> Correct.
>> Okay. And at that point, um it looks like you're telling him to stay put. You want to speak with them when you get a check and they're on reading.
>> Explain um if any difficulties you had as far as having witnesses stand still and stay stay put. You remember anything about that in your body cam?
>> Yeah, I remember telling Mr. Child to stay by my vehicle.
>> How many times?
>> Multiple. He kept moving around, so I kept instructing him to stay where he was.
>> Um, anything else that you were involved with that night?
evidence, you know, at the scene and then going back to the park lane and operating the body form camera. Anything else you miss?
>> That's that's it.
>> I'll just remind we talked earlier about the backpack covering it.
This is stage 12.
We put 33 of them.
You recognize >> I do.
>> What is it?
>> Backpack of course.
>> And that's is that the same backpack we see in 633?
>> Yes, sir.
>> That you recovered from that drainage ditch.
>> Yes, sir.
state offer states 12.
>> Let me I just want to make sure I forgot anything. Let me ask real quick. I think I'm Yeah, she identified them earlier.
States 10.
State.
>> Yes, sir.
>> State of what?
>> The shell cases.
>> The marker AB.
>> Yes, sir.
>> Um 10 firearm from Mr. Chow.
>> Seven will be without The other thing that I think I just sort of left out, you remember What if anything you know how um time stamp on your body camera video?
>> Mhm.
>> Yes. I'm sorry.
>> What if anything I'm looking even at stage 52.
Did you notice anything about the timing when you were viewing the different cameras and angles within the gas station as far as times associated with those.
>> Yes, sir. I realized it was off by a few days as well as the time was off.
>> Okay. So, the times and and dates on some of the cameras from within the gas station didn't quite match up.
>> Yes, sir.
>> I had another stack of pictures I meant to talk about earlier, but She says for my ear I am appreciative of the box.
I do.
>> Okay.
>> Sorry. You recognize those?
>> I do.
>> All right.
As far as states 48 and 47, what are we seeing in those pictures?
>> Uh, two cell phones.
>> Okay. Where are those located >> right now? In this picture? No. On the counter.
>> Where?
>> Where? What? Where was the counter?
>> Oh, inside the store.
>> Okay, gotcha.
>> Uh, what? Just a white and black cell phone?
>> Yes, sir.
>> They took his cell phones back to the store.
>> 48 47 without stage 45 and 46. What do we see here?
>> You see a white shoe almost like a Air Force One >> located within the store as well next to the counter where the phones are located.
>> Oh, that's the inside the store. That that just publishing pre-trial motion.
>> Oh, okay.
What number was that?
>> 44.
>> This is fairly accurately represent depict rather how the store looked on the night of May 28, 2023. Yes sir.
>> English question.
>> I think we're going to break for lunch at this point.
Um ladies and gentlemen, we're going to break for lunch now.
Um, let's see back here in there.
>> What time did he say? I can barely hear him.
rather English.
All right, ladies and gentlemen, we're going to break for lunch now.
>> There research drone footage video. My understanding is the unedited 14 through 48 are all scene pictures.
Um items 44 and 52 were subject to our objection.
Um, item 47 and 48, I'm sorry, 45, 46, 47, 48 were taken at the store.
And items 49 and 52 were also pictures taken from the store. That's only He got a Tik Tok. Yeah. Go on. Go on.
Get used to it, sir. Get out of here. I I I'm have to work on myself because I feel like my my mind is already attempting to um my mind is already at a verdict. I'mma keep listening to these dangling witnesses. My mind is at a verdict. And honestly, I just want to see the surveillance from the store because if at any point in time that that wife yelled something, then I I don't want to hear nothing else from the defense because they conveniently skipped the part where the wife yelled something in Cantonese that activated Yeah, he he in custody. They just they had a little little scuffle earlier about having the um jury see him with a deputy behind him and how that makes him look dangerous cuz he is. Because he is.
Yeah, buddy. All right, guys. So, we are done until 200 p.m. Eastern Standard Time. We'll come back for part two. Do the after lunch. I'll M I'mma get myself together, y'all. I swear to God I am. All right, y'all.
We'll see y'all in a minute.
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