Shultz testified that Chad worked for the Springville and Spanish Fork cemeteries as the sexton, taking care of the cemetery, assist in the grave side services and open and close the graves.
Shultz testified that a neighbor had called him and told him that Tammy had passed away. He said that Chad had called a few hours later and asked if he could help bring Tammy’s body to Springville, Utah for funeral services. Shultz said he told Chad that he'd be honored to because the Daybells were a good family.
Shultz said he went to Rexburg with Chad’s brother-in-law Jason the Sunday after Tammy’s death. They went directly to the Daybell's house. Chad, Garth and Chad’s parents were there. Shultz said he had given Chad a hug and told him that he was sorry for his loss. Chad told him that Tammy had been experiencing difficulty with breathing when she went to bed that night. Chad had told him that when he woke up the next morning she had passed away. Shultz said that believed Chad had found her on the floor, then he called Garth in to help lift Tammy into the bed.
Shultz said that Chad had told him that the coroner said Tammy had died from an embolism. Shultz said that Chad did not want an autopsy done.
Shultz said he brought booklets about caskets to the Daybell home, and most of the funeral arrangements were done by the time they left the house. Shultz said that Chad wanted to have the funeral services as soon as possible such as the next day which was a Monday. Shultz said that was very quick and there were deadlines to meet so he had Chad agree to have the funeral set for Tuesday. Shultz said that there usually is at least a 3–4-day period between the death and funeral.
Shultz said that when he was there, he gave Chad a be hug and he was teary. Shultz said that Chad had just lost his wife, but it just seemed like there was a business-like atmosphere about it. Shultz said that Chad told him that he didn't want to "drag this out."
Shultz said that Tammy’s body was then brought back to Springville by another mortician. Shultz said while he was helping move Tammy's body for transport, he took a quick glance her. He said that he was concerned because this was sudden death. "I understand she was sick, but somebody that young is usually physical enough to overcome it."
Shultz said that Chad had said that Tammy had been sick with a chronic cough.
Shultz said that he was concerned about Tammy because she passed away without doctors around, and the family didn’t want an autopsy. "There were already some red flags that I had encountered prior to her passing away that just, there was a cause of suspicion for me. Not suspicion, concern. I wanted to find out if she had fallen, if there was anything wrong with Tammy."
Shultz said that he didn't see broken bones or anything out of the ordinary. He said because of the red flags, something wasn't sitting well with him.
Shultz said that they then transferred the body back to Springville. On the drive there, he talked with Chad’s brother-in-law, Jason, about how quickly things with the funeral happened. Shultz said that they both felt like there was a feeling of being rushed through the whole process. Shultz asked Jason if he thought Chad killed Tammy.
Wixom was done with his questioning.
Prior was up for the cross. Shultz testified that he had grew up in the same neighborhood as Chad's parents.
Prior asked Shultz about his interview with Det. Mattingly on February 19th, 2020. Prior said that Chad's brother-in-law Jason knew Chad very well and spoke very highly of Chad. Shultz said yes. Prior said in the report Shultz had said that Chad was a good guy. Shultz said yes, and that he still thought Chad was a good guy. Shultz confirmed that he told Mattingly that Chad had told him that Tammy had been sick and had a coughing spasm and he woke up and found her dead. Shultz said yes. Prior asked Shultz if Jason knew that Tammy had been dealing with medical issues as well. Shultz said he couldn't confirm that.
Prior asked Shultz how long he had worked as a mortician before retirement. Shultz said 12 years.
Prior asked Shultz if he found a problem with a body that was suspicious or would cause concern if he was legally obligated to report that to law enforcement. Shultz said typically not because the coroner or doctor should’ve looked that over. He said he doesn’t know if he would report something under a moral obligation.
Shultz agreed that the coroner is the one who makes the final determination on whether there will be an autopsy or not.
Prior suggested the family's wanting to rush the funeral process could be a reaction to grief. Shultz says it’s possible.
Prior asked Shultz if Chad had told him that he wanted to hide something. Shultz said no.
Shultz confirmed that he didn't see anything on Tammy to cause him concern. He also said he had limited medical expertise.
Prior asked Shultz if Chad ever hand dug the graves. Shultz said very few hand-dug graves, a backhoe usually was used. Prior made a point that Chad had no experience using a shovel to dig a grave. Shultz agreed.
Prior talked about how all of the kids talked at Tammy’s funeral. Shultz corrected him and reminded him that one was on a mission. Prior said that Chad became very emotional as he talked at the funeral. Shultz agreed and said that it seemed genuine from his point of view. Shultz said that Garth had been leaning over the casket showing extreme emotional distress.
Prior said that Garth and Tammy were close. Shultz said that Tammy was a good mother to all of her children.
Shultz confirmed that he thought of Chad as a brother.
Shultz said that Jason defended Chad when Shultz asked him if he thought Chad killed Tammy.
Prior was done with cross.
Wixom was up for the re-direct. He asked Shultz what Jason said when he had asked him if he thought Chad had killed Tammy. Shultz said that Jason replied "Oh no, never. Not him." Wixom asked Shultz if Jason still held the same opinion about Chad. Shultz said no.
Shultz said that he thought Chad was a good person, but there were red flags that came up after Tammy died. Shultz said "There’s obviously the doomsday type thing. After he left Utah, he got involved in a group." Shultz said that Chad saying that there was going to be a community of white tents for the chosen among other things is what made him concerned when Shultz went up to Chad's to find the funeral being rushed.
Shultz testified that funerals are 3-4 days after a person has died and Chad wanting to have a funeral the day after Tammy died felt rushed. He said that the newspapers wouldn’t have time to run the obituary to tell people when the funeral was going to be.
Wixom asked Shultz if he thought Chad was comfortable around death. Shultz said that Chad would have to be as an author because he had written about people's death and dying. "He’s not squeamish about anything as far as being around a dead person, although it must have been traumatic for him to be around his wife like that."
Wixom was done with his questioning.
Prior was back with some more questions. He asked Shultz if just because someone writes books about topics that make people uncomfortable, does that mean they are comfortable with death. Shultz said it depended on the person.
Prior was done with his questioning.
Arnold testified that he met Chad and Tammy in their church ward. Arnold said that Chad was his home teacher for 3 1/2 years and Chad and his son Mark visited him on a regular basis.
Batey asked Arnold about September 21st, 2019. Arnold said that Chad had asked him to do a real estate showing that day at 100 East 190 North in Salem, Idaho. He said that he picked up Chad and he took him to the property where David Warwick, Melanie Gibb and Alex Cox were. Arnold said that no one in the party purchased the property.
Arnold said that he received a call in the morning of October 19th, 2019, from his bishop informing him that Tammy died. Arnold said he immediately went to Chad and Tammy’s house. He said Chad and some of the kids were there, and they were in different rooms. Arnold said Chad seemed distraught.
Batey asked Arnold if he had attended a funeral service for Tammy. Arnold said yes. He said that Chad told him at the funeral that he wasn’t going to be living in the house and didn’t feel comfortable living there, and he was going to be staying in Rexburg with a friend. Chad also told him he was going to go to Hawaii to help a friend do a biography. He said that Chad did not identify the friend.
Batey asked Arnold if some point and time he found out that Chad remarried. Arnold said yes. Batey then asked if he had met Lori. Arnold said yes that he had met Lori in early November 2019 when Chad asked if he could bring his new wife to his house to meet. Arnold said he asked Lori "the normal questions you’d ask someone you don’t know." He said that Lori told him that she had seven kids. Arnold said that Chad and Lori “were not there that long.”
Arnold said that the next time he heard from Chad was around March 16th, 2020. He said that Chad had called him and asked to meet but did not say why. Arnold said he met with Chad at his rental, and they drove around while they visited. Arnold said he asked Chad "the questions that probably everyone else would wanna ask". Arnold said that he asked about "where are the kids, and why haven’t you told anybody?" Arnold said he asked Chad those questions because at that at that time, Lori was in jail, and there was the big search for Tylee and JJ.
Batey asked if Arnold found out why Chad had wanted to meet that day. Arnold said that they had previously talked about possibly splitting his property and putting another home on it. Chad had told him that he wanted to put another home on his property because he felt like he going to need a place for him and Lori to live as fast as possible.
Arnold said that when he asked Chad about JJ and Tylee, Chad “looked me straight in the eye and he told me that they were OK, and when everything came out, everything was gonna be just fine.” Batey was done with her questioning.
Prior was up with the cross. He asked Arnold to describe what a ward was. Arnold explained that it was a geographical area inside a stake, inside The Church of Jesus Christ of Latter-day Saints. A stake was bigger than a ward and was based on numbers in a geographic area. Prior said that there was a Henry’s Fork Ward. Arnold said it was the Rexburg Henry’s Fork Stake and had 9 wards in it. He said that his ward was the Salem third ward.
Prior said that the Salem church was where some of the people that lived in that area would get their internet access. Arnold said no, the internet in that building was really bad.
Prior asked Arnold about September 21st, 2019. Arnold confirmed that he was with Chad at church that morning. Arnold testified that service was 2 hours, but there were meetings for leaders before and there were some things to do after church. Arnold confirmed that it could encompass three to four hours.
Prior asked Arnold if Chad had time to meet with anyone before he picked Chad up at his house on September 21st. Arnold said that he was not with Chad eye to eye contact the whole time, so he didn't know.
Prior asked about a man named Keith wanting to look at the same property. Arnold said Keith was someone he had been helping to try to find a home or a piece of property that he could purchase and build a home on. Arnold confirmed that at some point Chad had called and said that he had a friend named David Warwick that was interested in and wanted to come look at the property. Arnold said that they met at the property and then Chad gave Arnold Warwick's number.
Prior asked Arnold if they visited any other properties after. He said no.
Arnold testified that he had tried to get Chad to wait until that Monday, but Chad pushed the issue that they do it that day, so Arnold reluctantly showed the property that afternoon.
Arnold said that when they showed up to the property, Alex was there, then later Gibb and Warrick arrived. Arnold said that they were there maybe 15 minutes. Arnold confirmed that Warwick indicated he was looking in the area to do some developing.
Arnold confirmed that he did not look into Warwick’s financial ability to buy the property. Arnold said that at the time the property cost around $700,000.
Prior asked Arnold if he met up with Chad and Warwick the following day. Arnold said that the only contact he had with Warwick was a couple of follow-up phone calls.
Prior said that Arnold had mentioned that he had been over to Chad's house on October 19th, 2019. Arnold said yes. Prior said that Arnold was familiar with that house. Arnold said no, the farthest he had ever been was the entryway. Prior asked Arnold if he knew how much acreage Chad's property was. Arnold said, "You own it, how many acres is it?"
Prior asked Arnold if he thought the children were alive after Chad said that they were fine. Arnold said yes, that is what he gleamed from Chad said that.
Prior said that it was Arnold's practice was to reserve Sunday for church and family. Arnold said yes. Prior asked if Chad was the same way. Arnold said that everybody does that different.
Prior asked about his discussion with Chad in March 2020 about adding a house to his property. Arnold said that the county wouldn’t let Chad split the property, but because there had been a single-wide trailer and septic system, he said that the county would probably allow Chad to put another residence on it. Arnold confirmed that one of the possibilities Chad had mentioned was putting a mobile home up for him and Lori to live in.
Prior had no more questions.
The court took a recess. When they came back Batey was up with the redirect. She asked Arnold if September 22nd was actually a Sunday. He said yes.
Batey asked Arnold if as a relator he was familiar with placing a manufactured home on a property. He said he knew the generalities of it. Arnold said to place a manufactured home, you have to buy a home, dig a foundation, and hook up the home to a sewer or well and septic system. Batey asked Arnold if he was aware of what was found on Chad’s property in June of 2020. He said yes.
Batey asked Arnold if he now believed Chad had a different reason to put a house on his property other than for him and Lori to live there. Arnold said yes.
Batey had no further questions.
The next witness called to the stand was Whitney Arnold. She is Ron Arnold's wife. Whitney said she lived in Sugar City, Idaho, and knew Chad. She said she also knew Tammy as a friend, acquaintance and collaborator and they went to church together.
Whitney said that she was shocked when she learned Tammy died. She said that she went with Ron to offer their condolences and to get some answers. Whitney said she remembered Emma, Leah, Garth, Seth, Chad, and maybe McKayla, Seth’s wife, being there.
Whitney said when she talked to Chad, he seemed disconnected. She said that she had expected to see more emotions. She said that she asked Chad about considering an autopsy, but Chad said no. She pressed him on it and then looked at the Daybell children and said, “Don’t you want to know? These girls carry the same DNA as their mother, don’t you want to know if you could prevent something in the future?” She said that Chad calmly said no, that the first responders had a pretty good idea how she died.
Batey asked Witney when it was that she met Lori. Whitney said that since Tammy died, her and Ron had invited Chad and his children to their house every Monday for dinner. She said that one night in November, Chad asked if he could bring his new wife, Lori. Whitney said that she was disappointed and frustrated. She said that she “felt like, emotionally, that was not fair to the kids as they were grieving their mother. I was at odds with him within myself. I never verbalized to him, just recognizing to him where he was at in his grieving process.”
Whitney said that Lori told her that she had seven children that were all out of the home. Whitney said that she was unclear if that meant her own children or combining her own with Chad’s.
Batey had no further questions and Prior didn't want to cross.
Craig Hough was next to take the stand. Hough was a neighbor of Chad's when he lived in Utah. He knew Chad from being in the same church ward and said that they were friends.
Hough said he had maintained contact with Chad after he moved in 2015. Hough said that he attended Tammy's funeral in 2019 in Utah. He said that he talked to Chad at the viewing. Hough said they and Hough both broke and cried. Hough said that Chad had told him that Tammy choked to death.
Hough testified that he had a conversation with Chad about passwords. Chad had told Hough that by some miracle a week before Tammy died, he got all of the passwords that he didn't have before. That according to Chad, he was never part of having passwords for the bank accounts, etc.
Batey was done with her questioning.
Prior was up for the defense. He asked Hough about his friendship with Chad. Hough said that at some point he was called as a bishop in the LDS church and had asked Chad to be his executive secretary.
Hough confirmed that he was very familiar with Chad’s children.
Hough said that when he associated with Chad in Utah Chad was wonderful. He said that Chad served in the Scouts with his children and was very much involved in the local congregation. Hough said that Chad was very driven in his writing, and he loved being with the youth. Hough agreed that he believed Chad wanted to serve the church in a strong way.
Prior asked Hough if Chad’s grief about Tammy seemed genuine during the viewing. He said yes.
Prior was done with his questioning.
Baley was back for the re-direct. She asked if Hough learned after Tammy had died that Chad had remarried. Hough she yes, that he was shocked. Baley asked Hough if he still believes that Chad was sincere in grief. Hough said, "I love Chad as a friend, and want to feel that they were sincere, but there are always those questions that you have."
Batey was done with the re-direct.
Principal Rich Garner was next up on the stand. Garner works at Central Elementary School in Sugar City, Idaho.
Garner confirmed that he worked with Tammy at the school. He said that Tammy was the librarian and would read to kids, and also helped organize and teach in the computer lab. Garner said that Tammy was good with computers. He said that she covered lunchroom duty, outside duty, and in the lunchroom, she offered to check the kids in for lunch on her lunch break. He said Tammy was always looking for ways to help out.
Garner said that Tammy was well-liked at the school and that he never heard a bad word about her.
Garner testified that Tammy would be moving around the school all day long and that she did a decent amount of walking back and forth throughout the day. He said that Tammy was always busy and the only time he saw her sitting was when she was doing lunch count.
Wixom asked if Garner ever observed anything about Tammy that would identify any health concerns. Garner said no. Wixom asked Garner if Tammy appeared to be healthy. Garner said yes, that she was really active, energetic, happy all day. Garner testified that he didn't remember Tammy ever taking sick days and that she was always really reliable.
Wixom asked Garner if he knew of any activity Tammy had outside of the school. Garner said that he knew Tammy went to Zumba with other teachers and her daughter and saw her in a running race.
Garner said that it was on September 7th, 2019, he was working in his yard and heard music at a local park. He and his wife rode their bikes over to the park and saw Tammy and her daughter Emma crossing the finish line after a 5K. Garner said that he went over and talked to them. He said that Tammy looked like someone who ran a 5K. He said that Tammy said that she was there to support Joe, Emma’s husband, who was sponsoring the race to support charity.
Wixom asked Garner if he had a reason not to think that Tammy was healthy after completing the race. Garner said no. He said that he had couched a lot of people for cross-country and track and he has even timed events and he has seen the way different people have finished those kinds of races and had no concern about Tammy.
Garner said Tammy’s neighbor texted him, “We lost Tammy”. Garner said that he had thought that meant she had taken another job, but then he found out that she died. Garner said that he was shocked and stunned and that he thought that "she must’ve been in a car accident or something because I didn’t know why she would pass away.” Garner said that he wanted to reach out to Tammy’s daughter Emma since she used to work at the school.
Garner said that he went with his wife went to the Daybell's home to find Emma. He said that he had knocked on the screen door and Emma opened it. Garner said that Emma "took a small step down to where I was and collapsed onto my shoulder.” He said that she wept.
Garner said that Emma invited them into the house, where they spoke with her about taking time off and helping her through the tough time. Garner said that he scanned the room and saw some of the other children and Chad. Garner said that Chad was just standing there behind him. He said he offered Chad his condolences and asked him if there was anything he could do to help. Garner said that Chad told him that Tammy was already gone and in Springville. Garner said that Chad didn't say a lot and that he thought it was due to shock.
Garner said he had wanted to know when the funeral was going to be because he knew that everyone from school wanted to be there, so he had hoped it would have been on a Friday or Saturday so everyone could attend. Garner said that when Chad told him that it was going to be on a Tuesday and in Utah, he asked Chad what he was going to be doing "here" because "we can all attend. Garner told Chad that they all loved and adored her and wanted to honor her. Garner said that he tried to be polite with Chad all the while his mind was racing. He said then he asked Chad if they could have a memorial there. Chad told him that he didn't want to put anybody out. Garner said that eventually Chad said that they could possibly do something.
Garner said that Chad ended up calling him and they agreed upon doing a memorial service for Tammy that Wednesday at 1pm. Garner said that he had received a text from Emma close to Wednesday about who would speak at the service, what songs would play, etc. Garner said that he was surprised that the family wanted him to arrange everything, and that Chad did not help with the logistics of the memorial service.
Wixom was done with questioning.
Prior was up for the cross. Garner confirmed that he was interviewed by police in May of 2020. Prior said that he noticed in the interview that Garner said, "Emma and Tammy were thick and tight." Garner said that meant they were mother and daughter, colleagues and friends. Garner agreed that they were very close.
Garner agreed that he was not very aware of went on in Tammy's home.
Prior asked about the 5K race, and Emma’s husband, Joe, being the organizer of it. Garner agreed that Joe would know who participated in the race. Garner said that Tammy and Emma crossed the finish line.
Garner agreed that Emma’s grief was genuine. Garner agreed that at the Daybell house Chad was “stoic.” Prior asked if Chad was "trying to be strong." Garner didn't know.
Prior was doing with his questioning.
Wixom was up for the re-direct. he asked Garner if being asked to recall things from 5 years ago and if that could impact his memory. Garner said yes.
Wixom asked Garner if he saw Joe at the 5K. Garner said that he did see Joe at the 5K over by the timing van for the race. Wixom was done with his questioning.
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