Belhaven man’s widow will decide what will be done with his remains, but independent autopsy will be done

A Hinds County chancery judge has removed the brother of Dau Mabil from a lawsuit filed against the man’s widow that would have allowed him to gain access to his brother’s body for an independent autopsy. 

Judge Dewayne Thomas issued two orders Thursday morning several days after a hearing in a lawsuit between Bul Mabil and Karissa Bowley, along with state investigators, about what will happen to Dau Mabil’s remains. 

In the hearing and court filings, Bowley said she will allow an independent autopsy to be conducted. It will be done at the “direction and expense” of Bul Mabil, according to court records.

“I do feel relief that this part of things is over and we can move on to what we were doing before, which is continue to dig for information,” Bowley said Thursday after the judge’s orders were released. 

On March 25, the 33-year-old Belhaven resident went on a walk in his usual area without his phone. He was seen on video surveillance on Jefferson Street between Fortification and High Street, and at one point went to the Museum Trail in Belhaven Heights to check on corn he planted. 

About three weeks later, a fisherman spotted a body floating in the Pearl River near Lawrence County, more than 50 miles away. By April 18, a preliminary autopsy revealed the body belonged to Mabil. The Lawrence County sheriff said there was no evidence of foul play.

In his order, Thomas imposed safeguards proposed by Bowley and the Department of Public Safety for the independent autopsy: It needs to be conducted after the state finishes its investigation and be conducted by someone who is a qualified pathologist with a certain medical degree and certification.  The autopsy willbe done at the expense of Bul Mabil.

After the state finishes its investigation, official autopsy results shall be released to Bowley and Bul Mabil, according to the court order. With consent of Bowley as the surviving spouse and next of kin, they will be released to the public.

Bowley is awaiting the report from the first autopsy to shed more light on what happened and whether anyone from the public knows anything or has any video from the day Mabil disappeared, including video Bul Mabil’s attorney mentioned that supposedly shows people at the Museum Trail moving that appears to be a body into a truck around the time Mabil was at there. 

The Department of Public Safety will hold Mabil’s remains for 30 days after the state finishes its death investigation so the independent autopsy can be done. 

Bul Mabil filed the lawsuit the night before his brother’s body was identified because he believes it is the only way to know whether there was foul play in his brother’s death. U.S. Rep. Bennie Thompson has asked the Justice Department to investigate.

In a separate order, Thomas agreed that Bowley, as Mabil’s surviving spouse, is Mabil’s next of kin and the one who can direct what happens with his remains. 

He dismissed Bul Mabil as a plaintiff because he lacked standing in the matter. 

At a Tuesday hearing, his attorney, Lisa Ross, argued that he should be Dau Mabil’s next of kin because his brother and Bowley had a strained relationship leading up to his disappearance. Ross said Mississippi has no existing case law that defines who is a surviving spouse, but referenced a New York case in which a wife separated from her husband was not allowed to cremate his body and interfere with the mother’s request for an autopsy. 

He has also argued in court records that he should remain in the case because he is the next of kin for Dau’s child. 

Ross could not be reached about whether she plans to appeal. 

The lawsuit has been renamed to reflect the new parties: Bowley v. the Mississippi Department of Public Safety. 

Now that the judge has written the orders, Bowley said she feels relieved and has more freedom to grieve her husband, including visiting places around the city where they went together. 

One of those is the patch along the Museum Trail where Mabil planted corn. Bowley said she’s returned there to water the plants and see them grow. 

“It’s a nice place to be reminded of him along with many others,” she said.

Update 5/1/24: This story has been updated to reflect that Bul Mabil will pay for the independent second autopsy.