COLUMBIA, S.C. — Rick Chow appeared in the Richland County Courthouse for the first time on Tuesday morning after the defense filed a motion for an emergency hearing and to suppress a search warrant.
In court on Tuesday, defense attorneys Jack Swerling and Joe McCulloch argued a search warrant should be stopped because it would reveal information not relevant to the case. The warrant called for a search of electronic devices belonging to the Chow family.
"There's documents and information that they got about time and plans, bank accounts, checks, different types of information related to the operation of a business," Swerling argued. "They have no business looking at that stuff so what other remedy would there be besides to come to court and ask them to not even look at that stuff?"
However, Circuit Deputy Solicitor April Sampson says the prosecution is using the warrant to look for store policy about shoplifting that the Chow family says they followed.
"Since part of what they're stating is that they're following store policy and their employees are following store policy, they want to see if that's true," Sampson explained.
Judge Robert Hood heard both arguments and gave both sides until the end of the day on Monday to submit any other information they'd like him to consider while he reviews precedent and deliberates his decision.
The 58-year-old convenience store owner has been charged with shooting and killing 14-year-old Cyrus Carmack-Belton after he accused Carmack-Belton of stealing bottles of water from the store. The incident occurred on Sunday, May 28, at the gas station at 7441 Parklane Rd. in Columbia. According to Richland County Sheriff's Deputies, Chow and Carmack-Belton argued in the store and then the teen left the store on foot.
On Tuesday, the state says Chow's son approached Carmack-Belton outside of the store. The prosecution says Carmack-Belton ran along Springtree Drive, being chased by Chow's son. The state says Chow followed them, carrying a pistol.
Chow and his son allegedly chased the teen near apartments on Springtree Drive, where the victim tripped and fell. As he was getting up, Chow's son told his father the teen had a gun and that's when Chow shot Carmack-Belton in the back.
Investigators with RCSD and the Richland County Coroner's Office determined that the teen did not point a weapon at Chow or his son.
The shooting of Carmack-Belton and the arrest of the senior Chow drew protests from the community. Vigils were held and the convenience store was vandalized. The store has remained closed while Chow has been detained.
