Rick Chow's Son Carried the Whole Defense. His Father Never Said a Word.
Day 3 of the murder trial. The state rested, the defense put on its entire case in an afternoon, and bet everything on murder or a full acquittal.
Cyrus Carmack-Belton was fourteen years old. He had just finished the eighth grade. On the afternoon he died, he walked out of a gas station on Parklane Road in Columbia, and a father and a son came out after him. The state says the two of them chased that boy about 139 yards, a football field and then some, and that at the end of it Rick Chow shot him once in the back. The defense says that is not the real story at all. The defense says the real story started in the half second a son saw a gun and a father had to choose.
For two days, the whole trial pointed at one question. Did that boy ever point a gun at anyone, or did two grown men run a child down over a bottle of water and kill him. On Day 3, the defense finally answered. And the answer was a single witness. The son. The father, the man who pulled the trigger, never said a word.
By the time the jury went home for the weekend, both sides had laid their full stories on the table, side by side, and the case was almost ready to leave the lawyers' hands. Before we get to the son, though, the morning handled a piece of business I need to slow down on, because the internet is going to get it wrong.
A Denied Motion Is Not a Verdict
The state rested its case. The defense did what the defense always does at that moment. It asked the judge to throw the case out. That is a motion for a directed verdict, and here is what it actually asks for. It asks the judge to look at the state's evidence in the light most favorable to the state, to assume a jury believes all of it, and to decide whether there is any evidence at all on each thing the state has to prove. Not whether the evidence is good. Not whether it is convincing. Just whether it exists.
Judge Heath Taylor denied it. And I have already seen people treat that like the judge ruled Rick Chow is guilty. He did not. He could not. That is not what the motion is about, and it is not what the ruling means.
On the murder charge, the judge denied the motion on malice. He cited the rule, recognized in cases like State v. Burdette, that malice, the mental state that turns a killing into murder, can be inferred from the use of a deadly weapon. A single shot into a fleeing boy's back is enough, at this stage, for a jury to be allowed to weigh that question. The defense did not lose the malice fight. It preserved it for the charge conference, where the exact words the jury hears will be argued line by line.
On defense of others, the ruling went deeper, and it went to the dead center of this trial. The judge put on the record the rule that decides this case. To claim you were defending another person, both the defender and the person being defended have to be without fault in bringing on the difficulty. And if the person being defended is at fault, that fault is imputed to the defender. Read that twice, because it is the whole case in a sentence. Rick Chow's defense rises and falls not only on his own conduct, but on his son's. If a jury decides Andy Chow helped start the confrontation by chasing a fleeing child, that fault lands on the father, and the defense-of-others claim has a problem before it ever reaches the gun. The judge found a jury could reach exactly that conclusion, so he sent it to them. That is the state's aggressor theory, translated into black-letter law.
WATCH: DAY 3, THE DIRECTED VERDICT HEARING State Rests and the Directed Verdict Is DeniedThen the judge turned to the question that had been hanging over the whole trial. Would Rick Chow testify. He walked Chow through his Fifth Amendment rights. The right to remain silent. The right to take the stand if he chose. The promise that his silence could not be held against him. And then he did not make Chow answer. He gave him more time. The question stayed open, and the defense case began without anyone knowing whether the man who fired the shot would ever explain himself.
The Son
Andy Chow is twenty-three now. He was twenty on the day Cyrus died. The defense built him slowly and gently. An all-state swimmer, a computer information systems graduate, three days into a new job, a quiet young man who worked his family's gas station for free on weekends and school breaks. They wanted the jury to see an ordinary kid, not a vigilante, before they asked him to relive the worst day of his life.
Then he told it. He saw a young man at the water cooler and believed he pocketed a bottle. He followed him out of the store. His father came out behind him. The boy ran. Andy ran after him, across a street, until the boy tripped and fell flat in the grass. And there, Andy says, the boy came up with a gun and pointed it at him. He says he threw his hands up, backed away, and screamed to his father that the boy had a gun. His father yelled at the boy to drop it. The boy did not. And his father fired one shot.
That is the defense's entire case, standing in one young man's voice. Everything depends on whether the jury believes it.
The state did not try to make Andy look like a monster. It tried something harder, and by the end more damaging. It made every ordinary thing he did that day look like a choice. The store had more than twenty cameras. It had facial recognition. It had a wall of shame above the register with photos of past shoplifters, none of whom, the prosecutor drew out, had ever been chased. The boy was suspected of taking a single bottle of water worth about a dollar. With all of that technology, with 911 three buttons away, the prosecutor asked the same question a dozen different ways. Why chase him at all.
And then, at the very end, after hours of it, the prosecutor got the answer the state has wanted since the first day of this trial. He walked Andy back to the beginning and asked who put him and his father 139 yards up the road with the register left empty. Andy said he put himself there, and his father came on his own. The shooting does not happen, the prosecutor said, if everyone just stays in the store. Andy agreed. Then came the last version, the one the defense stood up to object to before it was even finished. If you had never left the store, you would never have known there was a gun at all. Andy agreed to that too.
That is the state's whole theory, delivered in the defense witness's own words. The chase created the danger. No chase, no gun, no dead child. The prosecutor will read those words back in closing, and the defense knows it.
I want to be fair about what the state did not get, because it matters just as much. It did not move Andy off the gun. Through hours of pressure, he never wavered that he saw it pointed at him. And this is not a claim hanging in thin air. A gun was in fact recovered at that scene. A real one. Whatever you think of the chase, that fact does not go away, and the defense will lean on it hard.
The Father, Without the Father
If the son's account was the heart of the defense, the next witness was the defense's way of putting the father in the room without putting him on the stand.
Deputy Richard Carter is a thirty-year law enforcement veteran. He was one of the responding officers the night of the shooting, and his body camera, along with his partner's, captured Rick Chow telling his story to deputies within minutes of firing. The defense played it. On that footage, Chow tells the deputies, in his own voice, that they confronted the boy over a suspected theft, that his son said the boy had a gun, that the gun was in his face, and that he fired one shot because of his son.
That is as close as this jury is going to get to hearing Rick Chow, unless he changes his mind. His words, in the moment, with no lawyer shaping them and no cross-examination to test them. And here is the piece the defense was really after. Carter testified that the textbook way to handle witnesses is to separate them and interview them fast, before anyone can compare notes, so each account stays its own. Chow and his son were interviewed separately, minutes apart, and Carter never saw them get their stories straight. That is the defense's answer to the state's theory that the gun account was built after the fact. Two men, separated, in the first minutes, telling the same story.
What that footage cannot do is prove the gun was ever pointed at anyone. It is Rick Chow saying his son said there was a gun. It is not Rick Chow saying he saw it himself. That gap, between what the son says he saw and what anyone else can confirm, is the gap the state has been driving a truck through since Day 1.
The Stranger Who Stopped
The most human moment of the day came from someone with no stake in any of it.
She was an EMS student then, a sheriff's deputy now. She was just driving by. She saw three people on the ground, pulled over, ran to them, and started CPR on a dying fourteen-year-old. And she told the jury something she said she had never seen anyone do. As she did chest compressions, Rick Chow put his mouth over the boy's and cleared the vomit out of his airway with his own mouth so he could keep breathing for him. Over and over. The man who fired the shot, fighting to pull the same boy back.
That is the defense's strongest answer to malice, and it does not come from a Chow. It comes from a stranger. You do not, the defense will argue, breathe for a child you wanted dead.
But the state crossed her, and got the brick it came for. Before any police arrived, in those first raw minutes, she had spoken to Andy. And Andy never said a word to her about a gun. Never warned her, as she knelt down beside the boy, that the kid on the ground had just pointed a weapon at him. She joins the responding deputies and a neutral eyewitness who saw nothing in the boy's hands. One more person who was right there, in the moment, and heard nothing about a gun from Andy. The mercy and the silence both happened. Both go to the jury.
Murder or Nothing
By late Friday afternoon, the defense rested. And before it did, it made two decisions that will shape everything that comes.
First, Rick Chow will not testify. Asked directly by the judge, he declined. The entire account of the shooting now reaches the jury without the man who fired ever speaking. It reaches them through his son, whose cross the jury just watched, and through those body camera words from the night. That is a real bet. It spares Chow a cross-examination, and it spares him having to explain a chase that is hard to explain. It also means the jury never hears him say, in his own voice, that he was afraid for his child.
Second, and this is the bigger one, the defense waived every lesser charge. No voluntary manslaughter. Nothing in between. This jury will get two choices and only two. Murder, or a full acquittal. There is no middle ground to retreat to, no compromise verdict to soften the landing. The defense is betting that twelve people will not call this murder, and it is betting the whole man on it.
Then the lawyers and the judge fought over the law, and the fight was the core tension wearing a robe. Judge Taylor rewrote the standard self-defense instruction, because the old one left out the single most important rule in this trial. The state, not the defendant, carries the burden of disproving self-defense, beyond a reasonable doubt.
The instruction will also tell the jury that a person does not have to wait for an attacker to fire, or even to take aim, before acting, and that there is no duty to retreat where retreating would only increase the danger. That language is the defense's framework, now baked into the words the jury carries into the room.
The sharpest fight was over a shopkeeper. The defense wants the jury instructed on South Carolina's shopkeeper statute, the law that lets a merchant detain a suspected shoplifter on or near the store for a reasonable time on reasonable cause. Buried in that, the defense argues, is a right to a reasonable pursuit. The state objected flat out, calling it inapplicable and not even a criminal provision. But look at what that argument actually is. It is this entire case compressed into one jury instruction. What the state calls a chase, the defense calls following. What the state calls hunting a child down, the defense calls a shopkeeper doing what the law lets a shopkeeper do. The judge noted there had been no testimony about any intent to detain, only a desire to follow and find out where the boy was going, and he let the defense submit a proposed instruction over the weekend. That one word, chase or follow, may be the whole trial.
Here is the piece of context the coverage you are seeing elsewhere will not give you. This is not the first time the defense has had to prove that gun. Back in November, a different defense team asked a different judge, Circuit Judge R. Scott Sprouse, to throw the case out under South Carolina's Stand Your Ground law. Andy testified at that hearing too. The body camera was played. And the judge denied it, finding the defense had failed to prove a gun was ever pointed at Andy, and pointing to conflicting testimony.
That sounds devastating for the defense. It is not as simple as it looks, and I am not going to let anyone sell you the easy version. That hearing used a lower standard of proof, and it put the question to a judge. This trial uses the highest standard there is, and it puts the question to twelve jurors, and the burden has flipped. At the immunity hearing, the defense had to prove self-defense. At this trial, the state has to disprove it, beyond a reasonable doubt. Those are not the same fight. A defendant can lose the first and still win the second. The November ruling opened the courthouse door. It did not decide what happens once a jury is behind it.
A Fist Bump
I want to tell you something I saw, because I have not been able to shake it.
After the proceedings, with the jury gone for the weekend, I watched the lead investigator on this case, Todd Jordan, walk over to the prosecutor and congratulate him. A fist bump. A good day at the office.
I am going to be careful here, because I am not accusing anyone of breaking a rule. Lawyers and investigators are human, and a hard day in trial is a hard day. But I keep coming back to it. A fourteen-year-old is dead. A sixty-one-year-old man is sitting in a detention center, where he has been for three years, presumed innocent, waiting for twelve people to decide the rest of his life. And the gesture I watched was not the gesture of people running a process. It was the gesture of people who think they are winning a game.
This is the exact ground my father spent his life on. Steven Askin believed, all the way down, that the system is not a scoreboard. It is a process, and the process is supposed to be the point, win or lose. The moment the people with the power start keeping score, the moment a dead child and an imprisoned man become a line in somebody's win column, something has gone quietly wrong, whether or not anyone broke a single rule. I do not know what was in that fist bump. I know what it looked like. And I know it was worth saying out loud.
Where Monday Opens
I will say this plainly. The defense leaned this day its way. The son held the gun account through the worst cross of the trial. The father, through the mouth of a stranger, was shown trying to breathe life back into the boy he shot. And the law the jury will hear puts the burden on the state to disprove self-defense, not on Rick Chow to prove it.
But the state holds its spine, and it is now written into the jury charge. The aggressor theory. The without-fault rule. The son's own admission that without the chase, there is no gun to fear. Two stories, fully formed, standing across from each other. And two hinges the verdict will turn on. Whether the jury believes a son who never wavered about a gun no one else saw. And whether they decide a 139-yard run after a fleeing child was a lawful following or the reckless act that created the danger.
Rick Chow is presumed innocent. He has not been convicted of anything, and a denied motion, a denied bond, and three years in a cell are not verdicts. The only verdict that counts comes Monday, after closing arguments, after the judge reads this jury the law, and after twelve people walk into a room and shut the door. We will be watching every minute of it.
The full Day 3 coverage, every witness and the hearing, is on the case page. Watch the words for yourself, and decide.
Watch the system. Question everything.
— Justice
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