Murdaugh’s hearing in fatal Beaufort Co. boat crash is Monday. Here’s what to expect

This story first published May 4, 2019.

Click here to see coverage from Murdaugh’s arraignment Monday.

More than two months after 19-year-old Mallory Beach was killed in a boat crash near Parris Island, the 20-year-old Hampton man charged in her death is set to appear in court for the first time since the crash.

Paul Terry Murdaugh, a member of a powerful and well-connected South Carolina family, will be arraigned Monday at the Beaufort County Courthouse in general sessions with Judge Steven John of Horry County presiding. The public hearing is set for 11:30 a.m.

At the arraignment, Murdaugh will be officially served his indictment and he will enter a plea for the three felony charges he faces for the Feb. 24 boat crash, according to Robert Kittle, spokesman for the office of South Carolina Attorney General Alan Wilson, which is prosecuting the case.

Beach and Murdaugh were among six people — all under the age of 21 — who were ejected from a 17-foot boat when it struck a bridge piling at “a high rate of speed” in Archer’s Creek around 2:20 a.m. Feb. 24, according to 911 records.

Beach’s body was found a week later in a marshy area about five miles from the crash site. The five surviving passengers in the boat, including Murdaugh, were injured, according to police reports. Law enforcement officers at the scene also noted that all five appeared to be “grossly intoxicated.”

On April 18, Murdaugh was indicted by a Beaufort County grand jury on one count of boating under the influence causing death and two counts of boating under the influence causing great bodily injury, Kittle previously confirmed.

Kittle said a judge will set bond for Murdaugh on Monday.

The Attorney General’s Office has been speaking with Murdaugh’s lawyers, and expect to see him in court Monday, Kittle said. Should Murdaugh not attend the hearing, a warrant would be issued for his arrest.

Columbia lawyers Jim Griffin and Sen. Dick Harpootlian have been hired to represent Murdaugh in the case. Griffin is known as a “white collar crime specialist,” the State newspaper reported. Harpootlian is a “a prominent, multimillionaire trial lawyer and former prosecutor” who represents the Richland area as a Democrat, according to the newspaper.

Assistant Attorney General Megan Burchstead is listed as prosecutor for the case, according to online court records.

Abnormal circumstances

When asked why Murdaugh’s case is not listed on the Beaufort County Court online roster for next week, Kittle said it is typical for some cases handled by Wilson’s office to not appear on the roster.

Many factors in this case, however, are not typical.

“It’s hard to say that we don’t typically prosecute fatal boat crashes, because fatal boat crashes are not typical in general,” Wilson said.

A day after the crash, the 14th Circuit Solicitor Office recused itself from the case because three of the boaters are related to employees in Solicitor Duffie Stone’s office.

Paul Murdaugh’s grandfather Randolph Murdaugh III served as solicitor of the 14th Judicial Circuit and continues to work for the solicitor’s office as a contract employee. Paul’s father, Alexander Murdaugh, assists with cases in the solicitor’s office, but is not a paid employee. From 1920 to 2006, three generations of Murdaughs have held the elected position of solicitor of the 14th Judicial Circuit, which includes Allendale, Beaufort, Colleton, Hampton and Jasper counties.

Judge Steven John, of the 15th Judicial Circuit serving the Myrtle Beach area, does not typically preside over cases in Beaufort County.

Two judges in the 14th Judicial Circuit, Judge Perry Buckner and Judge Carmen T. Mullen, recused themselves earlier this month from a civil wrongful death case filed by Beach’s mom, Renee Beach.

Kittle said these recusals apply to the criminal case as well.

Alexander and Randolph Murdaugh appeared at Beaufort Memorial on the night of the crash, speaking as lawyers for Paul and another teen who at that time were both suspected of driving the boat, according to officials at the SC Department of Natural Resources, the lead investigating agency in the case.

The Murdaughs told investigators the boaters wouldn’t be taking sobriety tests.

“They were uncooperative at that point,” DNR spokesperson Capt. Robert McCullough previously told the Island Packet.

It is not known whether or not investigators obtained a sample of Murdaugh’s blood at the hospital that night for testing.

On Monday, it’s possible more details will come out about what led investigators to charge Murdaugh. Typically during arraignments, Kittle said the court hears the indictment which often includes a probable cause statement.

It took DNR officials seven weeks to charge Murdaugh in the death of Beach. He was directly indicted — which bypasses the warrant, arrest, booking into jail and preliminary hearing process, during which the facts of the case are presented publicly in open court.

“That is often the way it happens in our office,” Kittle previously told The Island Packet. “We just go straight to the grand jury and indictment. Most of our cases, these are state agencies that come to us and the investigation is way further along in the process. We can say, ‘Yeah, there is enough to go straight to the grand jury.’”

Typically, individuals directly indicted are not arrested ahead of their first scheduled court hearing, Kittle said.

How is bond decided?

Kittle said it will be up to John to decide whether Murdaugh will be detained at the jail. When judges set bond, a variety of factors could influence the amount.

“In general, they look at prior criminal history, nature of the offense, flight risk, whether or not (the defendant) has lived in the community for a while, and ties to the community,” Kittle said. “For instance, if the person’s entire family lives in another state or country, that could influence the amount.”

For the BUI charges causing great bodily injury, Murdaugh faces up to 15 years in prison with a minimum sentence of 30 days for each count. For the fatal BUI charge, Murdaugh faces up to 25 years in prison with a minimum sentence of one year, according to South Carolina law.

This story was originally published May 3, 2019 at 6:21 PM with the headline "Murdaugh’s hearing in fatal Beaufort Co. boat crash is Monday. Here’s what to expect."