Chad McDowell — Direct/Cross/Redirect
521 linesJUDGE NEWMAN: Call your next witness.
MR. WATERS: Thank you, Your Honor. The State calls Corporal McDowell.
The witness, CHAD MCDOWELL, was first duly sworn and testified as follows:
COURT CLERK: If you will, have a seat and adjust that microphone. Make sure you speak into that microphone. State your name and spell your last name, please.
CHAD MCDOWELL: My name is Chad McDowell, last name is spelled M-c-d-o-w-e-l-l.
DIRECT EXAMINATION
BY MR. WATERS:
MR. WATERS: Corporal McDowell, how are you doing today?
CHAD MCDOWELL: Good.
MR. WATERS: Telling the jury where you work, please.
CHAD MCDOWELL: I work for Colleton County Sheriff's Office as a -- I'm assigned to road patrol, the K-9 handler.
MR. WATERS: Okay, and can you just give us a quick background of who you are, where you grew up, and how you ended up in your career in law enforcement?
CHAD MCDOWELL: Sure. I grew up in Colleton County. Went to Colleton County High School. Went to college at Tri-County Technical College where I studied Criminal Justice. Once I reached age, I came home. Was hired by Colleton County Sheriff's Office. Left for a couple of years to go work for Jasper County, and then came back to Colleton. I've been assigned to road patrol in Colleton.
MR. WATERS: All right, and when -- what year did you first start working for the Colleton County Sheriff's Department or began your law enforcement career?
CHAD MCDOWELL: 2016.
MR. WATERS: All right, and what's your current -- you're a corporal now. Is that correct?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: And what is your current assignment? What are your duties?
CHAD MCDOWELL: I'm still assigned to road patrol. I am a K-9 handler.
MR. WATERS: And when you say K-9, explain to the jury what that is.
CHAD MCDOWELL: So, I have a K-9 that is assigned to me. We respond to certain calls or if we're requested by another deputy for narcotics searches, searches for suspects, things of that matter.
MR. WATERS: All right. K-9 is a dog, correct?
CHAD MCDOWELL: That's correct.
MR. WATERS: All right, and what's your dog's name?
CHAD MCDOWELL: Evo.
MR. WATERS: Evo? And what kind of dog is a Evo?
CHAD MCDOWELL: He's a Belgian Malinois.
MR. WATERS: Malinois?
CHAD MCDOWELL: Yeah.
MR. WATERS: Is that kind of like a German Shepherd?
CHAD MCDOWELL: Kind of, short haired, pointy ears.
MR. WATERS: Okay. Short hair, pointy ears. Is Evo typically with you when you're out on patrol?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Was Evo with you the night of June 7, 2021?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Were you a corporal then at that time?
CHAD MCDOWELL: No, sir, I was a deputy.
MR. WATERS: All right, and who was on the squad that you were on?
CHAD MCDOWELL: Sergeant Daniel Greene, Corporal Alysse Janicki, myself, and Deputy Pruitt, Cody Pruitt.
MR. WATERS: And so who was your immediate supervisor?
CHAD MCDOWELL: It would have been Corporal Janicki.
MR. WATERS: Okay, and above that is --
CHAD MCDOWELL: Sergeant Greene.
MR. WATERS: All right, and then above that?
CHAD MCDOWELL: Lieutenant Nettles.
MR. WATERS: All right, and then above that?
CHAD MCDOWELL: Captain Crouse.
MR. WATERS: Okay. What shift were you -- were you working the night of June 7, 2021?
CHAD MCDOWELL: Yes, sir, I was.
MR. WATERS: And that was in Colleton County?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: And what shift were you working that night?
CHAD MCDOWELL: Night shift.
MR. WATERS: Did you ultimately respond to a call for service at 4147 Moselle Road?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: And you actually went there?
CHAD MCDOWELL: I did.
MR. WATERS: And did you come to the incident location at the kennels at that property at 4147 Moselle Road?
CHAD MCDOWELL: I did.
MR. WATERS: Is that in Colleton County?
CHAD MCDOWELL: It is.
MR. WATERS: Were you -- when you arrived, what other first responders were on scene, to your recollection?
CHAD MCDOWELL: Sergeant Greene was there. There was one other fire rescue personnel vehicle in there. I believe the rest were staged, the best I can remember. When I say staged, I mean at the head of the driveway. They may have -- there may have been a couple of other apparatuses on scene.
MR. WATERS: And which -- do you recall which driveway you entered? Did you enter the driveway near the kennels, where you came upon the kennels?
CHAD MCDOWELL: Yes, sir. It was the same driveway everyone else entered.
MR. WATERS: So, you were parked behind Sergeant Greene's --
CHAD MCDOWELL: Sergeant Greene's --
MR. WATERS: -- vehicle.
CHAD MCDOWELL: Yes.
MR. WATERS: Okay. What did you do after that? After you got out of your vehicle, what did you do?
CHAD MCDOWELL: I approached the crime scene. I was trying to make my way to Sergeant Greene to see what he needed me to do. I made my way to the crime scene as carefully as I could. And I approached Sergeant Greene, saw that he was interviewing the only person on scene, so I went back to my vehicle.
MR. WATERS: And did you see who he was interviewing?
CHAD MCDOWELL: Mr. Murdaugh, yes, sir.
MR. WATERS: Do you see him in the courtroom here today?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Can you point him out?
CHAD MCDOWELL: Yes, sir. He's in the middle, navy blue suit.
MR. WATERS: Your Honor, can the record reflect he's identified the defendant?
JUDGE NEWMAN: It does.
MR. WATERS: I'm going to show you what's been marked as Exhibit 6 to your testimony.
MR. HARPOOTLIAN: No objection.
JUDGE NEWMAN: It's admitted without objection.
(BODY CAM VIDEO MARKED AS STATE'S EXHIBIT NUMBER 6 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: And this is a disc, but I want you to take a look at it and see if you recognize this disc.
CHAD MCDOWELL: Yes, sir, I do.
MR. WATERS: All right, and what is on this disc?
CHAD MCDOWELL: It would be body cam footage from my body cam that I wore.
MR. WATERS: All right, and how do you know that this is that body cam footage?
CHAD MCDOWELL: It has my initials on it.
MR. WATERS: So, you reviewed this and put your initials on it. Is that correct?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: All right.
(Break in proceedings.)
MR. WATERS: Let me ask you this. When you got this call for service, were you currently on another call for service, or were you just out on patrol?
CHAD MCDOWELL: No, sir. I was just out on patrol.
(The body cam video was played. Audio not transcribed.)
MR. WATERS: And once you got that call for service, what did you do? Did you activate your lights and sirens?
CHAD MCDOWELL: I activated lights and sirens and responded to the incident location.
MR. WATERS: And once you do that, do you make all haste to get to that incident location as fast but also as reasonably safe as you can?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Is that standard operating procedure?
CHAD MCDOWELL: Yes, sir.
(The video continued to play.)
MR. WATERS: The first 10 minutes of this body cam are essentially you driving to the scene, is that correct, roughly?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: I'm going to fast forward to closer in time when you arrive.
(The video continued to play.)
MR. WATERS: We heard proceed to the route. What was that?
CHAD MCDOWELL: I had a GPS activated on my phone.
MR. WATERS: Just like most people use. Is that right?
CHAD MCDOWELL: Yes, sir.
(The video continued to play.)
MR. WATERS: Were these the kennels that you saw when you arrived at the property?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: And to the right is sort of the shed or the hangar. Is that correct?
CHAD MCDOWELL: That's correct.
MR. WATERS: Let me ask you this. You're obviously serving as a road patrol officer. Is that correct?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: You -- what is your job as a road patrol officer as a first responder when you come upon a scene like this? What is your particular role as you arrive at something like this?
CHAD MCDOWELL: When we get on the scene we secure the scene, meaning make sure there's no active threat for other arriving first responders. We'll preserve the scene to the best of our ability and then turn the scene over to arriving detectives.
MR. WATERS: When you arrive at a scene like this, are you constantly not only paying attention for any threat or anything like that, but also making sure that you don't disturb or -- any sort of evidence that may be at the scene?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Is that part of your general training and standard operating procedure?
CHAD MCDOWELL: It is.
MR. WATERS: You also have to couple that, though, with the duties of a first responder, which is to get to that scene, to secure it, and make sure there's no active threats, and get it under control. Is that correct?
CHAD MCDOWELL: That's correct.
MR. WATERS: So, the duties of a first responder had both of those sort of balancing together. Is that right?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: And are you constantly always looking around for evidence not only to identify, but also to assure that you don't disturb anything? Is that your general --
MR. HARPOOTLIAN: Objection, Your Honor. Leading.
JUDGE NEWMAN: Don't lead the witness.
MR. WATERS: Thank you, Your Honor.
MR. WATERS: What is your general training as a road officer as it relates coming upon a scene and looking for evidence?
CHAD MCDOWELL: Our number one duty would be safety. Number two, we're looking for evidence so as not to disturb it.
MR. WATERS: Thank you.
(The video continued to play.)
MR. WATERS: Right there to the right, what is that to the right of the screen?
CHAD MCDOWELL: That would be Ms. Murdaugh's body.
(The video continued to play.)
MR. WATERS: Who are those individuals right there?
CHAD MCDOWELL: That's Sergeant Greene and Mr. Murdaugh.
(The video continued to play.)
MR. WATERS: What did the defendant say to you right there?
CHAD MCDOWELL: He said how are you doing.
MR. WATERS: Did you know him?
CHAD MCDOWELL: No, sir.
MR. WATERS: How are you doing. That's what he said?
CHAD MCDOWELL: Yes, sir.
(The video continued to play.)
MR. WATERS: All right. What were you asking fire and rescue to do at that point?
CHAD MCDOWELL: Just to try to preserve it the best they could, if they didn't --
MR. WATERS: Were you asking them -- but what were you specifically asking them not to do?
CHAD MCDOWELL: Cover the bodies if they didn't have to.
MR. WATERS: And what was their response, though?
CHAD MCDOWELL: I couldn't make it out. I believe he said we're covering them for family responding. I couldn't make it out.
(The video continued to play.)
MR. WATERS: Do you recall now?
CHAD MCDOWELL: Again, it sounds like he says they're going to cover them up because the family being here.
MR. WATERS: Because of the family being here.
CHAD MCDOWELL: That's what it sounds like.
MR. WATERS: All right.
(The video continued to play.)
MR. WATERS: What did you just ask Cody for?
CHAD MCDOWELL: A piece of tape, a piece of crime scene tape.
MR. WATERS: All right, and who was Cody?
CHAD MCDOWELL: Deputy Pruitt. He is the one that you see there with the yellow crime scene tape.
MR. WATERS: And why did you ask Deputy Pruitt for some crime scene tape?
CHAD MCDOWELL: I had observed a shell casing on the ground, and I wanted to mark it so it didn't become disturbed.
MR. WATERS: In your general duties as an officer, when you observe something. you ask for some tape to mark it. Is that correct?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: And that's what you were previously describing your role is. Is that correct?
CHAD MCDOWELL: Yes, sir.
(The video continued to play.)
MR. WATERS: That casing that you saw, did you recognize what kind of ammunition it was?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: And what kind of ammunition was it?
CHAD MCDOWELL: 300 Blackout casing.
MR. WATERS: And how could you tell it was a 300 Blackout casing?
CHAD MCDOWELL: Just my own personal experience. I own a 300 Blackout and I recognized it.
MR. WATERS: You recognized the case from your own experience.
CHAD MCDOWELL: Yes, sir.
(The video continued to play.)
MR. WATERS: Did you observe any dogs in the kennels?
CHAD MCDOWELL: I did.
MR. WATERS: Do you remember how many or where they are?
CHAD MCDOWELL: I do not remember.
MR. WATERS: More than one dog, though?
CHAD MCDOWELL: I don't remember.
(The video continued to play.)
MR. WATERS: When you marked that casing, were you careful not to disturb its location where it -- where you found it?
CHAD MCDOWELL: Yes, sir. I placed the tape beside it and then placed a rock on top of it so it wouldn't blow away.
(The video continued to play.)
MR. WATERS: I'm sorry to do that to everybody, but what was that loud noise?
CHAD MCDOWELL: It was just my windshield wipers.
MR. WATERS: And why was it making that noise?
CHAD MCDOWELL: They had removed all the moisture, I guess.
(The video continued to play.)
MR. WATERS: Those cases that you were marking right there, did you at all disturb the location of where you saw them?
CHAD MCDOWELL: No, sir.
MR. WATERS: Is it your job to be doing a crime scene collection for this case, or are you just doing that to assist those who will do that who will arrive at a later time?
CHAD MCDOWELL: No, sir, I don't collect anything. I'm just marking it so that they're not disturbed.
(The video continued to play.)
MR. WATERS: What did you just say right there?
CHAD MCDOWELL: I don't think there's going to be anything for me and Evo to do here.
MR. WATERS: And what did you mean by that?
CHAD MCDOWELL: There was no article search that needed to be conducted right then and there. Putting Evo on the ground could have caused more of a disturbance than just leaving him up.
(The video continued to play.)
MR. WATERS: All right, I'm going to now show you a portion of what's been previously admitted into evidence as Exhibit 1.
(Break in proceedings.)
MR. WATERS: And for the record I'm starting it at 4227.
(The body cam video was played. Audio not transcribed.)
MR. WATERS: Who is that to the right of the screen right there?
CHAD MCDOWELL: That would be me.
MR. WATERS: All right, and what are you about to do?
CHAD MCDOWELL: Step inside and assist CID with lifting that sheet.
MR. WATERS: All right, and were you asked to do that?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: And who asked you to do that?
CHAD MCDOWELL: Captain Chapman.
MR. WATERS: All right, and where is Captain Chapman in this image?
CHAD MCDOWELL: In the middle.
MR. WATERS: And is he a senior officer to you?
CHAD MCDOWELL: At that time.
MR. WATERS: Okay, and I noticed before you moved -- what did you do?
CHAD MCDOWELL: Turned my light on.
MR. WATERS: And why did you turn on your light?
CHAD MCDOWELL: So that I could plainly see what was underneath me where I was going.
MR. WATERS: Did you disturb any evidence or anything as you started to go into the feed room?
CHAD MCDOWELL: No, sir.
MR. WATERS: Were you careful to avoid doing that?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Did you kick any shell casings or waddings or anything like that when you went into the feed room?
CHAD MCDOWELL: No, sir.
MR. WATERS: Did you step on any bloody footprints when you went into the feed room?
CHAD MCDOWELL: No, sir.
MR. WATERS: If you had seen something like that before you stepped in there, what would you have done?
CHAD MCDOWELL: I would have stopped and notified the detective.
(The video continued to play.)
MR. WATERS: Do you recall what, if anything, was laying on Paul's rear end?
CHAD MCDOWELL: His cell phone, or a cell phone.
MR. WATERS: Is that it in this image right here?
CHAD MCDOWELL: Yes, sir.
(The video continued to play.)
MR. WATERS: Did you kind of jump out of the feed room just then?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Did you turn on your light before you did so?
CHAD MCDOWELL: I believe so.
MR. WATERS: Watch it again.
(The video continued to play.)
MR. WATERS: Did you jump out when you left the feed room?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: And why did you jump out like that?
CHAD MCDOWELL: Trying not to disturb the body. It was easier to leap out than to try to step.
MR. WATERS: Did you enter the feed room at any point after that, to your recollection?
CHAD MCDOWELL: Not to my recollection.
MR. WATERS: I'm going to show you what's been marked as Defense Exhibit Number 1 and see if you recognize this particular image.
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Let's switch inputs, please.
(Break in proceedings.)
MR. WATERS: Does that appear to -- is that how you found Paul when you arrived at the scene?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: And were his hands underneath him in that fashion when you arrived at the scene?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Your Honor, I have State's Exhibit 7, I believe without objection, that I will offer into evidence.
MR. HARPOOTLIAN: No objection.
JUDGE NEWMAN: It's admitted without objection.
(PHOTO MARKED AS STATE'S EXHIBIT NUMBER 7 WAS RECEIVED INTO EVIDENCE.)
MR. WATERS: I'm going to show you what's been marked as Exhibit 7 and see if you recognize that image.
CHAD MCDOWELL: Yes, sir.
MR. WATERS: And what is that?
CHAD MCDOWELL: It's a still image of video of my body worn camera.
MR. WATERS: Is that a still image of when the defendant said how you doing when you walked up?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Court's indulgence one moment, Your Honor.
(Break in proceedings.)
MR. WATERS: Nothing further from this witness at this time, Your Honor.
JUDGE NEWMAN: Cross-examination.
MR. HARPOOTLIAN: Please the Court, Your Honor?
CROSS-EXAMINATION
BY MR. HARPOOTLIAN:
MR. HARPOOTLIAN: So when you got to the scene, who was your supervisor?
CHAD MCDOWELL: Can you repeat that question? I couldn't hear you.
MR. HARPOOTLIAN: I'm sorry. I'll speak a little bit louder. When you got to the scene, who was your supervisor?
CHAD MCDOWELL: Sergeant Greene.
MR. HARPOOTLIAN: Sergeant Greene, and I believe Sergeant Greene was instructing y'all to put some yellow tape up. You did some of that?
CHAD MCDOWELL: No, sir.
MR. HARPOOTLIAN: You didn't do any of that?
CHAD MCDOWELL: Deputy Pruitt, yes, but I did not.
MR. HARPOOTLIAN: What was -- Sergeant Greene, what was his instructions to you? What were you there to do? Number one -- let me withdraw that question. Were you there to apprehend somebody?
CHAD MCDOWELL: Not at the time, no, sir. I was just there to assist when needed.
MR. HARPOOTLIAN: Assist doing what?
CHAD MCDOWELL: Whatever was needed of me.
MR. HARPOOTLIAN: Were you invest -- were y'all attempting to determine what happened?
CHAD MCDOWELL: We were -- we were there as initial responders, were there to secure the scene.
MR. HARPOOTLIAN: Okay. Secure the scene, and secure the scene for further processing by SLED?
CHAD MCDOWELL: By our investigators. I learned later on that SLED was responding as well.
MR. HARPOOTLIAN: Okay. So, let me by way of example -- you went down to where with Paul's body was. It was covered with a sheet. We see that on the video, correct?
CHAD MCDOWELL: Not when I initially responded, but yes, sir.
MR. HARPOOTLIAN: No, no. But the video we just saw.
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: And why were y'all -- I mean, what was -- was there a purpose in going down there and pulling a sheet back and looking around him?
CHAD MCDOWELL: I believe they were looking for another weapon.
MR. HARPOOTLIAN: What kind of weapon?
CHAD MCDOWELL: I believe they were looking for a 300 Blackout.
MR. HARPOOTLIAN: I mean, we saw in the picture it looked -- at Paul's body, there's no 300 Blackout laying next to him, correct?
CHAD MCDOWELL: No, sir.
MR. HARPOOTLIAN: I'm correct?
CHAD MCDOWELL: Yes, you are correct. No, there was no 300 Blackout laying beside him.
MR. HARPOOTLIAN: Okay. So, you say you're down there looking for another weapon. Where were you looking for another weapon?
CHAD MCDOWELL: I wasn't, sir. I was assisting lifting the sheet for detectives.
MR. HARPOOTLIAN: And you concede you stepped into the feed room.
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: And based on the way that Paul was laying, and, of course, you did have a flashlight and you were looking, trying not to step on anything. Did you have anything to insulate your feet? In some jurisdictions, they have little baggy things to put over their feet to make sure they don't contaminate the scene. Did you have those on?
CHAD MCDOWELL: No, sir.
MR. HARPOOTLIAN: And did you -- when you stepped in, you had a flashlight. What you were looking at with the visible eye? You were determining you weren't disturbing the scene, correct?
CHAD MCDOWELL: That's correct.
MR. HARPOOTLIAN: You made an effort not to.
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: You don't know whether you did or you didn't.
CHAD MCDOWELL: To my knowledge, I did not.
MR. HARPOOTLIAN: But you can't say that you didn't, to your knowledge.
CHAD MCDOWELL: Can you repeat that?
MR. HARPOOTLIAN: To your knowledge, you didn't.
CHAD MCDOWELL: To my knowledge, I did not disturb anything.
MR. HARPOOTLIAN: Okay, but you would concede there's microscopic evidence sometimes at crime scenes, correct?
CHAD MCDOWELL: Yes, sir, that's possible.
MR. HARPOOTLIAN: And you didn't have a microscope.
CHAD MCDOWELL: No, sir.
MR. HARPOOTLIAN: But like the SLED Crime Team would look very closely, would they not? They would not -- I mean, as far as I could tell, you were looking basically from 3 or 4 feet away from the floor, right?
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: Okay. So, what you could see with the naked eye at night with a flashlight from 3 or 4 feet is what you base your opinion you didn't disturb anything.
CHAD MCDOWELL: That's correct.
MR. HARPOOTLIAN: Now, and you don't know why -- they were looking for another weapon, but you don't know what other weapon. You don't know where that weapon might have been. And, again, multiple deputies at the scene saw the body before he was covered with a sheet, right?
CHAD MCDOWELL: Myself and Sergeant Greene did.
MR. HARPOOTLIAN: Okay. Were y'all -- in your presence, any of the other officers with you there that night, did any of them discuss this is a possible murder/suicide, murder/suicide?
CHAD MCDOWELL: It's possible. Not to my recollection.
MR. HARPOOTLIAN: Now, when you were going out and we saw you mark a shell casing, was that in the grass or on the dirt road?
CHAD MCDOWELL: I believe the first one was in gravel.
MR. HARPOOTLIAN: In the gravel, I'm sorry.
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: Okay, but you found others, right?
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: And to do that, you had to walk around in the grass?
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: And, again, you got a flashlight. You're looking and you don't know what was in the grass that you may have disturbed around those shell casings.
CHAD MCDOWELL: No, sir.
MR. HARPOOTLIAN: You don't know.
CHAD MCDOWELL: No, sir.
MR. HARPOOTLIAN: You may have disturbed something.
CHAD MCDOWELL: It's possible.
MR. HARPOOTLIAN: And I guess what I'm trying to ask is why then were you trying to look for shell casings? Why couldn't you wait until the next morning? Why was this urgency? I mean, was somebody getting away or -- I mean, I don't quite understand why.
CHAD MCDOWELL: I can't answer that. I don't know. I didn't know if somebody was getting away or not.
MR. HARPOOTLIAN: Did somebody instruct you to go find shell casings?
CHAD MCDOWELL: No, sir.
MR. HARPOOTLIAN: You just did it on your own initiative.
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: And you concede that you may have disturbed or destroyed evidence in that process.
CHAD MCDOWELL: Microscopically something I didn't see.
MR. HARPOOTLIAN: Well, microscopic, something down in the grass. I mean, you're walking on grass, right? Not a --
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: -- a smooth surface like in the shed, in the feed room, but it's grass at night, correct?
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: And I guess what I'm trying to wonder is what y'all were doing. Were you trying to solve a crime? Were you trying to just index everything was there and -- when did you find out SLED was coming?
CHAD MCDOWELL: So, we're trying to mark everything there. As you can tell, there were multiple units going back and forth, fire and rescue as well as sheriff's office. We try to mark it so that it brings awareness to them and it doesn't become disturbed.
MR. HARPOOTLIAN: I'm sorry, I can't understand you. I can't hear you.
CHAD MCDOWELL: There were multiple units on scene --
MR. HARPOOTLIAN: Right.
CHAD MCDOWELL: -- sheriff's office as well as fire and rescue.
MR. HARPOOTLIAN: Right.
CHAD MCDOWELL: The reason that I saw urgency to mark those shell casings is so that it brings awareness to those of us that were walking around and they don't become disturbed.
MR. HARPOOTLIAN: Well, that brings up the question. Should you have been walking around? What are you -- if you've got two dead people, whoever the perpetrator was at that point y'all hadn't identified, had you?
CHAD MCDOWELL: No, sir.
MR. HARPOOTLIAN: Okay. So, the perpetrator may be in the woods across the street as far as you know at that point, right?
CHAD MCDOWELL: Could have been anywhere.
MR. HARPOOTLIAN: Right. So, you're not trying to solve a crime. You're processing a scene.
CHAD MCDOWELL: I'm not processing anything.
MR. HARPOOTLIAN: You don't know what you're doing.
CHAD MCDOWELL: I just told you what I was doing, sir.
MR. HARPOOTLIAN: You're marking pieces of evidence.
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: And the urgency to do that was so that no one else would walk over it --
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: -- while you're walking around it.
CHAD MCDOWELL: Around, yes, sir.
MR. HARPOOTLIAN: Well, you don't know whether you actually stepped on one or not, do you?
CHAD MCDOWELL: I was very careful not to.
MR. HARPOOTLIAN: Okay. Now, let me also ask you this. The pattern of the first shell casing was how far away from the feed room --
CHAD MCDOWELL: I can't say.
MR. HARPOOTLIAN: -- that you found?
CHAD MCDOWELL: The first shell casing I found?
MR. HARPOOTLIAN: Yeah.
CHAD MCDOWELL: I'm not sure.
MR. HARPOOTLIAN: 10 feet? 20 feet? More than me or you? Further than --
CHAD MCDOWELL: Probably about the same distance from me to you.
MR. HARPOOTLIAN: Okay. From the feed room door?
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: Now, I understand a -- and you've fired -- you've got a Blackout, right?
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: And when you fire that, does it eject to the right or to the left?
CHAD MCDOWELL: To the right, mine does.
MR. HARPOOTLIAN: Okay. So, if the feed room is where I am, that shell casing ejected to the right, right and forward, right and back, or do you know?
CHAD MCDOWELL: Are you asking where the shell casing was in relation to the door? It would have been forward and right of the door.
MR. HARPOOTLIAN: Forward and right of the door. And there was the pattern of casings leading to the -- do they all lead to her body?
CHAD MCDOWELL: I can't remember.
MR. HARPOOTLIAN: Did you sketch where you found her?
CHAD MCDOWELL: No, sir. I did not do a crime scene sketch.
MR. HARPOOTLIAN: Have you ever done a crime scene sketch?
CHAD MCDOWELL: No, sir.
MR. HARPOOTLIAN: Tell me your training in crime scene processing.
CHAD MCDOWELL: It's very basic. Limited to what you would get at the Criminal Justice Academy.
MR. HARPOOTLIAN: Very basic.
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: So, you're not a crime scene processor. Again -- and I'm not asking this question repetitively. I'm just trying to puzzle it out. What -- you don't know what your role was there?
CHAD MCDOWELL: I was a first responder.
MR. HARPOOTLIAN: You were a first responder. Well, they were dead, Paul and Maggie, right? Couldn't render them any aid.
MR. WATERS: Your Honor, I would object to the question and that statement.
JUDGE NEWMAN: Is there a question?
MR. HARPOOTLIAN: Could you have rendered them aid? Were they in a physical condition where your assistance would have helped?
CHAD MCDOWELL: No, sir.
MR. HARPOOTLIAN: They were dead, correct?
CHAD MCDOWELL: Are you asking? Yes, sir.
MR. HARPOOTLIAN: Okay. Let me show you a couple of these clips and ask you about them.
MR. HARPOOTLIAN: Okay, would you go to 1040?
(Break in proceedings.)
(The video continued to play.)
MR. HARPOOTLIAN: Okay, this is you walking, and these are the dog pens over here to the left, correct?
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: And on -- right in front of that, one of the dog pens, is a hose that is neatly coiled around a hose. Something holding the hose, right?
CHAD MCDOWELL: That's what it looks like.
MR. HARPOOTLIAN: Okay.
MR. HARPOOTLIAN: Go ahead.
(The video continued to play.)
MR. HARPOOTLIAN: How about go to 1112?
(The video continued to play.)
MR. HARPOOTLIAN: Stop it.
MR. HARPOOTLIAN: Okay. Now, this -- Mr. Waters asked you about this just a moment ago when he said how you doing when somebody walked up. You would concede to me but for that one clip, he appears to be distraught over the death of his wife and son?
CHAD MCDOWELL: He appeared visibly upset.
MR. HARPOOTLIAN: Yes. Other than this how you doing sort of thing, right?
CHAD MCDOWELL: Correct.
MR. HARPOOTLIAN: All right. Also, we see him in a t-shirt and a pair of shorts, correct?
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: I've looked at your report. I've looked at everybody that encountered him at night. No report indicates any blood visible on him. You would agree with that?
CHAD MCDOWELL: I didn't observe any.
MR. HARPOOTLIAN: What?
CHAD MCDOWELL: I did not observe any.
MR. HARPOOTLIAN: Okay, and it's a white shirt.
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: Okay. If you noted blood on him, you would have put that in your notes or reported that to somebody, right?
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: Okay.
MR. HARPOOTLIAN: How about 1845.
(The video continued to play.)
MR. HARPOOTLIAN: Stop for a second.
MR. HARPOOTLIAN: That's you apparently determining the shell casing you found is a 300 Blackout, correct?
CHAD MCDOWELL: The one that I marked, yes, sir.
MR. HARPOOTLIAN: The one that was in the gravel.
CHAD MCDOWELL: Yes, sir.
MR. HARPOOTLIAN: Okay.
MR. HARPOOTLIAN: That's all the video I have.
MR. HARPOOTLIAN: Just a couple of final questions. Since --
(Break in proceedings.)
MR. HARPOOTLIAN: I have no further questions.
JUDGE NEWMAN: Any redirect?
MR. WATERS: Very briefly, Your Honor.
REDIRECT EXAMINATION
BY MR. WATERS:
MR. WATERS: Are you a first responder?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Your first job is safety, correct?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Second job is to protect the scene. Is that correct?
MR. HARPOOTLIAN: Objection. Leading.
JUDGE NEWMAN: Don't lead the witness.
MR. WATERS: Okay, tell me what your jobs as a first responder are again, please.
CHAD MCDOWELL: Yes, sir. We secure the scene and make sure there's no current threat for additional first responders. We then secure the scene and make sure that nobody comes in that's not supposed to so that we preserve any evidence that's there.
MR. WATERS: Is part of your training to avoid disturbing the scene as best you can?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Still paying attention to your primary role.
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Is part of your training and your experience and what you try to do is if you do see evidence --
MR. HARPOOTLIAN: Objection, Your Honor. Leading.
MR. WATERS: I'll rephrase, Your Honor.
MR. WATERS: If you are on scene and you do see evidence while you were there, what is your standard operating procedure in that event?
CHAD MCDOWELL: I would mark it.
MR. WATERS: And why do you do that?
CHAD MCDOWELL: Just to bring awareness to it so that it's not disturbed.
MR. WATERS: Is your job to be a crime scene investigator?
CHAD MCDOWELL: No, sir.
MR. WATERS: You were just marking that --
MR. WATERS: I'll rephrase.
MR. WATERS: You were asked earlier about apprehending any suspects. Was Mr. Murdaugh ever in custody?
CHAD MCDOWELL: No, sir, not to my recollection.
MR. WATERS: To your observation, was he allowed to move freely?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Was he allowed to interact with people who came to talk to him?
CHAD MCDOWELL: Yes, sir.
MR. WATERS: Was he ever placed in the back of a police car?
CHAD MCDOWELL: Not that I'm aware of.
MR. WATERS: Never put in handcuffs?
CHAD MCDOWELL: No, sir.
MR. WATERS: Was he being treated as a suspect when you were there?
CHAD MCDOWELL: Not that I'm aware of.
MR. WATERS: Nothing further, Your Honor.
MR. HARPOOTLIAN: Nothing further, Your Honor.
JUDGE NEWMAN: Thank you. You may step down.
(The witness exited the stand.)
JUDGE NEWMAN: Turn the lights back up. Ladies and gentlemen, we'll break for lunch. We will resume at 2:15. Please do not discuss the case. In recess until 2:15.
(The jury left the courtroom.)
(A lunch break was taken.)
MR. WATERS: Very quickly, Your Honor. In conversations with Mr. Harpootlian, as you're aware, one of the areas that the State intends to go into at some point, subject to Your Honor's ruling, would be the events of what we call the side of the road, and that was the Salkehatchie Road events in September of 2021. We, of course, have talked with the defense and don't plan to go into that, as we discussed with Your Honor, until they've had a chance to make whatever motions and Your Honor has had a chance to rule. There may be SLED witnesses or other witnesses as we go forward that not only participated in the murder investigation, but also the side of the road investigation. And in discussion with Mr. Harpootlian, he's agreed that we could call those witnesses to discuss only the murder with the ability, with Your Honor's permission, to recall them later for the side of the road in as much as Your Honor rules that relevant and admissible. And I just wanted to put that agreement on the record, Your Honor.
JUDGE NEWMAN: All right. Mr. Harpootlian?
MR. HARPOOTLIAN: That's our agreement.
JUDGE NEWMAN: All right. Very good.
MR. HARPOOTLIAN: Only one further caveat. If he would make it clear when he calls the witness so that I don't inadvertently stumble into an area we don't want to, if he will designate -- If you would just say for limited purposes, that will key me to stay away from asking questions that might result in me opening the door into the other areas.
MR. WATERS: Certainly. And any such witness will be instructed to what the subject matter is with that examination prior to.
JUDGE NEWMAN: Okay. You may bring the jury.
(The jury returned to the courtroom.)
COURT BAILIFF: The jury is present, Your Honor.
JUDGE NEWMAN: Thank you. Your next witness.
MS. GOUDE: Tinish Bryson-Smith.
JUDGE NEWMAN: If you will come up here, please.