You are missing the word PROBABLY in there. Again, not definitive. This is one of the specific examples of where if either party had been on the ball, this could have been solved. Either Chupp saying a flat yes or no, or Ty pressing for a flat yes or no.
Edit: The worst part about that bit quoted, I do see Chupp's point. And even agree. But he hems and haws, saying things like "probably" as if he is STILL CONSIDERING it, leaning TOWARDS no, but has not yet decided. That, for being in the middle of the trial, is just awful for the legal process.