Prosecutors release recording of Nassau County Deputy Joshua Moyers when he pulled over his accused killer Patrick McDowell

New material also includes bodycam video of interview with McDowell’s girlfriend

The State Attorney’s Office on Monday released another batch of evidence in their case against Patrick McDowell, who is accused of shooting and killing Nassau County Deputy Joshua Moyers.

On Sept. 23, 2021, Moyers was shot twice during an early morning traffic stop on US 301.

The newly-released evidence includes the radio transmission from Moyers in communication with dispatch after making the traffic stop and calling in the vehicle tag number.

In the audio, Moyers can be heard reading off the name of the registered owner of the vehicle, which investigators say was stolen and McDowell was driving when he was pulled over, before Moyers is shot.

“First name’s going to be ‘Patrick’ — common spelling. Middle initial’s going to be Mike. Last name is going to be ‘Fowler,’” Moyers says.

Then the first backup deputy arrives, finds Moyers on the ground and yells, “Officer down.”

Deputy: “It’s 10-01, Moyers.”

Dispatcher: “10-4.”

Deputy: “HQ, I don’t have a pulse.”

At one point, another dispatcher can be heading speaking with the deputy,

Dispatcher: “Barnes, take a breath, take a breath. What do you need, buddy?

Deputy: “I need rescue and I need somebody BOLOing. I had train tracks down. I don’t know if they went over the railroad tracks and I don’t know if they went south on 301.”

AUDIO: Nassau County Deputy Joshua Moyers’ last recording

AUDIO: Radio traffic during traffic stop of man accused of killing Nassau County deputy

McDowell was found hiding out in a bathroom building at the Kirsten Higginbotham Sports Complex a short time later on Sept. 28, 2021, following a five-day manhunt that began after he allegedly shot Moyers. Moyers, 29, died from his injuries on Sept. 26, 2021.

The other newly-released material is body camera video of an interview with McDowell’s girlfriend, Breiana Tole, after investigators say she was caught trying to help him escape the manhunt. In the footage, the deputy tries to get her to say what she knows.

VIDEO: Bodycam footage of woman accused of trying to help Patrick McDowell

Deputy: “You realize you’re going to be an accessory if you don’t tell the truth?”

Tole: “I tell the truth. Actually, the law thinks you’re an accessory if I helped and aided him, and I haven’t, because if I helped and aided him, I wouldn’t be here and he wouldn’t be in the woods.”

Deputy: “OK, I’m done talking to you.”

TIMELINE: Events following shooting of Deputy Joshua Moyers, leading to arrest of Patrick McDowell

According to an arrest report, Tole drove to the sports complex where McDowell was hiding out in an attempt to get him out of the area and escape arrest. Tole in August pleaded guilty to accessory after the fact and agreed to testify in McDowell’s trial, which is set to take place in 2023. Tole, 28, remains in the Nassau County jail, where she’s being held on $1 million bond, online jail records show.

McDowell was indicted on a charge of first-degree murder. He’s pleaded not guilty. He also faces a charge of injuring a police dog and eight counts of aggravated assault on a law enforcement officer. The state intends to seek the death penalty if he is convicted. McDowell, 36, is being held in the Nassau County jail without bond, according to jail records.

RELATED: Traffic stop to trauma scene: Desperate efforts to save Deputy Joshua Moyers revealed in reports | State’s evidence against Patrick McDowell includes video showing chase, deadly confrontation

Monday’s release of evidence by the State Attorney’s Office was the third in this case.


About the Authors

Scott is a multi-Emmy Award Winning Anchor and Reporter, who also hosts the “Going Ringside With The Local Station” Podcast. Scott has been a journalist for 25 years, covering stories including six presidential elections, multiple space shuttle launches and dozens of high-profile murder trials.

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