Relative says she overheard admission as trial continues; widow returns to stand

By RICHARD WALKER, T&D Staff Writer
Thursday, December 04, 2008

BARNWELL -- A verdict could be reached today in the trial of a Williston man charged in the July 2007 slaying of a Springfield minister.

After two and a half days of testimony, state prosecutors rested their case against 32-year-old William Allen Owens, who has been on trial this week for the shooting death of the Rev. Phillip McCreary Sr.

"There's just no way he could have been there," said defense attorney Tim Moore, who asked for a directed verdict of not guilty at the end of Wednesday's testimony. "There's just no absolute credible evidence."

Circuit Court Judge Jack Early disagreed, saying he would let the jurors make that decision.

"That's why we have a jury. They can decide who they believe," Early said. "There's ample evidence, in my opinion."

The 51-year-old McCreary was found shot to death July 6, 2007 at what is known locally as the "Three Rivers Bridges," where Highway 39 crosses the Edisto River at the Orangeburg and Barnwell County line.

Owens was charged in McCreary's murder a week later.

Day three of the trial focused on the investigation at the popular fishing spot, where the minister's body was found at the edge of the river.

McCreary's widow, Annie, sat wiping away tears as State Law Enforcement Division Crime Scene Investigator Kenny Kinsey testified as to the grisly details of the area where the pastor's body was found.

"What did you find in relation to the victim?" asked 2nd Circuit Solicitor Barbara Morgan.

"A massive head wound, a large quantity of blood and brain matter on his shirt," Kinsey said.

Seated with his defense team, Owens displayed no emotion as the investigator went through the details.

It was Kinsey's opinion that McCreary was seated with his head down when he was struck by a large-caliber projectile in the back of the head. He based that on the amount and direction of blood spatter.

"It's all around, it's massive, like I say," Kinsey said. "We're talking about a massive injury here."

Part of Kinsey's testimony included the fact that all of the blood samples he collected at the river were from the victim. None were determined to belong to Owens.

Mrs. McCreary was recalled to the stand to identify jewelry police later recovered from Owens' former live-in girlfriend, Renee McKiney. Mrs. McCreary said the jewelry belonged to her husband.

McKiney was initially charged with murder in the case but that charge was later reduced to accessory after the fact of murder.

An expert for more than 30 years, Dr. Janice Ross of the Newberry Pathologists Associates was brought to the stand to describe the manner in which McCreary was killed.

Ross testified she found "stippling," or powder burns, around the entrance wound at the back of the minister's head. She said this indicated the range between the minister and the firearm used was "approximately between three and six inches."

Ross opined that high-powered ammunition was used in this case, which created what she termed a "lead storm," or shards of lead fragments, once the projectile made penetration.

"The exit wound was quite bigger, exploding part of the skull," she said.

Morgan closed the state's case against Owens with two of his relatives, with one testifying she heard the man say he killed someone.

Susan Lucado, Owens' cousin, said she was at Owens' home the day after the shooting. She testified that she overheard Owens' comments during a cell phone conversation between Owens and his former girlfriend..

"He was calling her a narc, calling her a rat," Lucado said. "And other names, calling her a b - - - -."

Later, Lucado said, she heard her cousin say he killed someone.

"I'm not sure what all he said ... but he said ... I remember he said he killed a man ... and then threw him in the river," Lucado said.

"And how was he acting?" Morgan said.

"He was acting out of his head," Lucado said. "He said he was a devil and he was going back to hell."

Lucado said she didn't believe him at first. She then saw a newspaper that had a picture of a policeman at the bridge.

"It was surreal, I guess you would say," she said.

Moore questioned whether or not Owens may have been making empty boasts or that Lucado heard wrong.

"Did William have a tendency to spout off at the mouth? Say things that were unreal?" Moore asked.

"Not that often," Lucado said. "I know it didn't seem right for him to behave that way."

After the state ended its case, Early ordered a brief recess in order for Owens to consult with his defense team to decide whether or not he would take the stand on his own behalf.

"Your lawyer tells me now that you do not want to testify," Early said. "I will instruct the jury that they cannot, given the fact that you did not testify, infer anything from that. Do you understand your right to testify?"

"Yes, I do," Owens said.

"Anything you want to ask me about your testimony?" Early asked him.

"Say a prayer for me," Owens said.

T&D Staff Writer Richard Walker can be reached by e-mail at rwalker@timesanddemocrat.com or by phone at 803-533-5516. Discuss this and other stories online at TheTandD.com.