Videos showing Harford man shooting at police and his interview with investigators shown at first day of trial
Aug. 10—Cameras captured nearly every part of the incident that led to Benjamin Thomas Murdy's arrest — from the multiple cracks of gunfire on the usually quiet street to his ride in the police vehicle — and much of the video was played Tuesday as his trial began in Harford County Circuit Court.
Murdy, 45 of Street, is charged with five counts each of attempted first- and attempted second-degree murder and over a dozen counts of assault in addition to destruction of property, reckless endangerment, animal cruelty and use of a firearm, according to electronic court records.
Murdy is charged in connection to an approximately 90-minute standoff with police in January of 2020. Murdy allegedly shot his neighbor and fired approximately 200 rounds at police, who responded to his house in the 4500 block of Oak Ridge Drive.
Murdy pleaded not criminally responsible — Maryland's version of the insanity defense — in February of 2020. Because of that, the judge will have to weigh his guilt as well as his criminal responsibility: whether or not he appreciated the criminality of his conduct or could conform his behavior to the law. Often, such trials are bifurcated into a guilt portion and a criminal responsibility portion, but because a judge is hearing the case rather than a jury, the trial will not be split up.
Police had responded to Oak Ridge Drive on Jan. 21, 2020, after receiving a report that Murdy had shot his girlfriend's dog on the front porch, according to charging documents. Those same documents state he admitted to killing the dog and opening fire on the police.
Robert Schell, the neighbor who was shot, was the first to testify against Murdy in court Tuesday. Schell recounted how he was taking his trash out when he felt a burning sensation in his knee. He had driven his car down the driveway with the cans in it when the shooting started, he testified. According to assistant state's attorney Charles Fitzpatrick, the police and Schell were pinned down by gunfire for almost an hour.
Schell said he only knew Murdy by sight, and while he was not in pain from the shot, he admitted that was likely because he was scared.
"All I know is it was very loud," he said.
Under cross examination from defense attorney Stephen Tully, Schell said he originally told police that he thought he had been hit by a ricocheting bullet.
Harford County Sheriff's Deputy Nathan Schnitzlein testified that a call came in that Murdy had killed a dog on his property. Because a gun was allegedly used, he and other deputies staged their approach from down the street. Armed with a rifle, Schnitzlein went to find a forward position when he heard a voice come from the house, saying "I'm going to shoot that [expletive] getting his mail." Then the gunshots started.
Schnitzlein ran for cover, as did other deputies who testified. Several testified that this incident was their first time getting shot at and that they were scared for their lives. Had he known where the shots were coming from, Schnitzlein testified that he would have fired back.
Cameras on Murdy's own house captured his surrender. With police telling him to come outside over loudspeakers, and an armored car positioned in front of the home, Murdy does so.
When he is arrested and in-transit to the Harford County Detention Center, Murdy has a rambling talk with the police officer driving — from saying he is drunk, that he wants to die and that he believed his girlfriend was cheating on him to naming famous baseball players, another video played in court showed. At one point, he begins hitting his head against the interior of the car. A deputy tightens Murdy's seatbelt so he can not thrust his head forward.
"I killed my family dog," he says at one point.
More video from Murdy's home showed him firing a gun off his back porch. The dog was found dead at the bottom of the wooden steps.
Murdy's interview with police was also recorded. He mumbles throughout the footage, and spends much time banging on the table and the walls, as well as trying to pick lock of the handcuffs he is fastened to the wall with. While much of his speech was inaudible in the video shown in court Tuesday, Murdy said he wanted to hurt Schell "because he is a bad person." He said his intent was to "shoot everyone."
Bradley Ghaner with the sheriff's office's forensic unit processed the crime scene and found 192 fired shell casings. Three bullets hit a deputy's car, but he could not say how many impacted Schell's truck. Using a laser, he was able to trace the bullet's trajectories back to the house through a group of trees, which showed signs they had been shot through.
Inside the house, police found a pistol and a rifle on the second floor, Ghaner testified, and underneath the window that Murdy allegedly shot from was a pile of empty ammunition boxes. More ammo was found in his garage, and "firearms accessories" were found in his closet, he said.
Despite having two domestic offenses on his record, Murdy legally owned both the guns he allegedly used. In Maryland, those subject to a protective order become ineligible to own guns, according to the Giffords Law Center to Prevent Gun Violence, but Murdy had his returned to him legally.
The state rested the factual part of its case at the end of the day Tuesday. Tully said the defense will argue its case Wednesday.
