Fugitive wanted for murder in S.C. appears in Baldwin Co. court

Published 9:56 pm Friday, February 28, 2020

A 41-year-old South Carolina man arrested on drug charges following a traffic stop appeared in Baldwin County Superior Court on Friday afternoon for an extradition hearing on felony burglary and murder charges in the Palmetto State.

Samuel Kennedy Funderburk Jr., of Effingham. S.C. reportedly told local authorities that he was selling vehicles at Volume Hyundai in Milledgeville since arriving in town a few days ago. Funderburk is a suspect in the Valentine’s Day death of 64-year-year-old Harold Timothy Morrison, according to a press release from the Florence County Sheriff’s Office.

A second suspect was also arrested by investigators with the Florence County Sheriff’s Office. 

That suspect was identified as Joseph Edward Foss Jr., of the 1500 block of Timmonsville, S.C.

Foss was taken into custody by deputies on Feb. 22. Like Funderburk, warrants charge him with burglary in the first degree and murder in connection with the slaying of Morrison.

Funderburk, meanwhile, is charged by the Baldwin County Sheriff’s Office as a fugitive from justice, as well as for Violation of the Georgia Controlled Substances Act for possession of a Scheduled IV controlled substance and Violation of the Georgia Open Container Law.

During extradition proceedings on Friday afternoon, which were presided over by Ocmulgee Judicial Circuit Superior Court Judge Terry A. Massey, Assistant District Attorney Savanna Roughen explained to the court that he was there because the Baldwin County Sheriff’s Office had learned Funderburk has warrants issued against him for burglary, murder and possession of a weapon.

“Your honor, we are here to let Mr. Funderburk waive his extradition rights and to go back to South Carolina, so I’ll put him under oath if that’s OK,” Roughen told Massey.

Funderburk, who was escorted into the courtroom at the Baldwin County Law Enforcement Center by Detention Officer Keante Butts, was clad in red and white striped jail clothing and handcuffed when he appeared in front of the judge.

Roughen asked the suspect if he was the person with outstanding warrants against him out of South Carolina.

“Are you aware that South Carolina wants you,” Roughen asked.

Funderburk responded, saying, “I wasn’t.”

“Are you aware now that South Carolina wants you,” the assistant district attorney asked.

“This officer right here told me the other day when I was in there that they did,” Funderburk said, referring to Baldwin County Sheriff’s Office Detective Chris Youngblood.

When Roughen asked if he wanted to waive his rights and return to South Carolina, Funderburk said he didn’t wish to waive any of his rights.

“I feel that the charges that I have in South Carolina are [biased]; I didn’t do it,” Funderburk said.

Roughen explained to him that she didn’t want him to talk about what’s happening in South Carolina.

When asked again if he would like to waive extradition and return to South Carolina, Funderburk said, “I don’t know what all of that means, I’d like to talk to my attorney. I’ve sat here for 10 days without talking to anybody.”

Judge Massey pointed out to Funderburk that there were two documents of importance.

“One is your waiver of extradition, which you signed and I would approve, and the other is the order which would authorize me to have you sent back there,” Massey said. 

 The judge explained to Funderburk what he would be waiving.

“It’s simply a hearing to determine if you should be sent back to South Carolina,” Massey said. “It has nothing to do with the merits of the charges over there, so you’re not going to get to ask questions about witnesses and other things there. You’ll get to see the charges and be aware of what the charges are, but the hearing doesn’t get it into the merits of the case.”

Massey asked Funderburk if he understood.

The judge also told the suspect that he had a right to retain his own counsel.

“This court is not going to appoint you an attorney, you understand that,” Massey told Funderburk. “So, if you want an attorney, you have the right to hire your own, but this court is not going to appoint you one, you understand that?”

Funderburk indicted he understood what the judge had told him.

“And you also need to be aware of your rights to the issuance to serve a warrant of extradition, your right to apply for a writ of a habeas corpus and be fully advised of your legal rights due by this writing waive extradition, the issuance of service of extradition and any other warrant and do hereby consent return voluntarily and without formality to the State of South Carolina to answer the charges against you.”

Funderburk asked the judge if he could first talk with his attorney.

“And then we have another hearing,” Funderburk asked.

Another hearing has been set for next Friday to make a determination related to extradition.

“We are setting this down for a hearing and if during that time, Mr. Funderburk is able to speak with his attorney and decides he doesn’t want a hearing, he can waive it then,” Roughen said. “Until then, I think it’s best we go ahead and set it down for a hearing.”

Funderburk indicated he already has an attorney.

“I just need to get on the phone with him,” Funderburk said.

Shortly after being taken back to his jail cell, Funderburk was given a copy of the documents that he needs to discuss with his attorney pertaining to extradition proceedings.

The investigation by the Baldwin County Sheriff’s Office into the case revealed Funderburk had been staying at the Heritage Inn since coming to Milledgeville.