Hearing set in Bixby case

Lawyers likely to introduce change-of-venue motion

August 1, 2005

By MEGAN VARNER
Index-Journal senior staff writer

ABBEVILLE — Attorneys in the case involving two Abbeville residents charged in connection with the 2003 shooting deaths of two law enforcement officials will appear before a judge Tuesday for a pre-trial hearing.
During the hearing, scheduled for 10 a.m. at the Abbeville County Courthouse, defense attorneys for Steven Bixby and mother Rita Bixby likely will introduce a change-of-venue motion for the trial, because of the widespread publicity of the attacks.
“I wouldn’t be surprised for them to make the motion,” said Eighth Circuit Solicitor Jerry Peace, who is expected to prosecute the Bixbys’ case.
Charles Grose, chief public defender for Greenwood and Abbeville counties, will act as Steven Bixby’s attorney.
“Anything could happen at the hearing. It is mainly just to see where we are in the process and to discuss a potential trial date,” Peace said. “The judge will entertain any motions made at this time.”
Eleventh Circuit Judge Marc Westbrook will preside over the case, and Peace said the trial date would be up to Westbrook.
“The trial date will be set by the judge based on the schedules of everyone involved,” he said.
Steven Bixby is charged with capital murder in the Dec. 8, 2003 deaths of Abbeville Constable Donnie Ouzts and Abbeville Sheriff’s Deputy Danny Wilson.
Steven Bixby was taken into custody after a 14-hour standoff that stemmed from a dispute concerning a road-widening project near the Bixbys’ home on S.C. 72, just outside of Abbeville.
Ouzts and Wilson were attempting to mediate the dispute at the Bixby home when they were killed. Ouzts was shot outside the home, and Wilson’s body was discovered inside the house when the standoff ended.
Rita Bixby was arrested later after a smaller standoff at Abbeville Arms, a nearby apartment complex. She was charged with accessory before the fact of murder, conspiracy to commit murder and misprision of a felony, which means failure to report the planning of a crime.
The state has served death penalty notices to both Bixbys.
Arthur Bixby, Steven Bixby’s father, also is charged with murder. The state alleges he was with his son when Ouzts and Wilson were shot.
If the change-of-venue motion is granted, a jury from another area will be selected and brought to Abbeville for the trial, or the entire trial will be moved to another jurisdiction.
The defense attorneys first must convince the judge that their clients will not be able to receive a fair trial with jurors from an Abbeville juror pool due to attention surrounding the attacks, said Greenwood attorney Billy Garrett, with Garrett Law Firm.
“You are entitled to be tried by a jury of your peers,” said Garrett, who is not involved in the Bixby trial. “However, if you believe your peers can’t give you a fair trial, you have the opportunity to get a less-prejudiced group.”
It will be up to the judge to decide if a jury should be brought in or the trial should be moved out, Garrett said.
“The court has to balance the jurors’ situation and the cost to the county,” he said. “It’s a matter of judicial economy. The judge will look at what’s in the best interest of the defense, the state and the jurors.”

Post 15 claims 10th title

Sumter defeats Irmo to win the state legion championship

August 1, 2005

By CHRIS TRAINOR
Index-Journal sports writer

The Sumter Post 15 baseball team celebrates on the pitcher’s mound Sunday at Legion Field after winning the state title.

Just because it was the 10th time doesn’t make it any less sweet.
Sumter Post 15 defeated Irmo, 6-1, Sunday in the championship game of the American Legion State Tournament at Legion Field, clinching its 10th state title and its first since 1999.
Post 15 will now travel to Dothan, Ala., to participate in the Southern Regional Tournament, which runs from Aug. 10-14. Sumter can advance to the Little World Series from Aug. 19-23 in Rapid City, S.D., if the team makes it out of the regionals.
Sumter was bolstered Sunday by the pitching of Curtis Johnson, who was named the tourney’s most valuable pitcher.
Johnson got the complete-game victory, surrendering one run on five hits with 12 strikeouts and only two walks.
“It feels great,” Johnson said. “You have no idea how hard we worked to get here. All year, we have talked about winning state and going to regional. It seems like it was meant to be.”
Johnson knew it was a possibility he would have to go the distance Sunday. It was challenge he was more than willing to accept.
“I’ve pitched a bunch this week, but I was feeling great,” he said. “This morning, I did some running and stretching and just got myself mentally ready to pick the team up. They (the Sumter offense) gave me some help and that’s all we needed.”
Sumter coach Wallie Jones praised his team’s determination in bringing home a state crown.
“This team (Irmo) put us out last year,” Jones said. “Now, we had a chance to put them out this year. We had some stuff to overcome, like getting in bed at 2 a.m., last night because of the late game. We kept digging and Curtis gave us a huge lift going all nine.
“I think we’ll represent the state of South Carolina quite well in Alabama. The boys will be ready.”
Johnson was not the only member of his team to claim a tournament honor.
Center fielder Alan Caldwell received the tourney’s most valuable overall player award, while catcher Richard Jones shared the sportsmanship award with Gaffney’s David Smoak.
Tournament officials also awarded $1,000 scholarships to Belton Post 51’s Benjamin Smith and Cayce Post 130’s Coreleon Brown.
In a game that was tightly played for eight innings, Sumter wasted little time getting on the scoreboard.
With the bases loaded and one out in the bottom of the first, Sumter’s Daniel Gordon came in to score on a ground ball by Tyler Scott. Later in the inning, Caldwell scored when Irmo third baseman Kenny Hayes’ throw to first on Greg Lamb’s ground ball sailed wide of the bag. The error put Sumter on top 2-0 heading to the second inning.
Irmo mounted a threat against Sumter and Johnson in the top of the third inning.
After retiring the first two batters, Johnson found himself in a bases-loaded jam. The Irmo rally would prove fruitless, however, when Kyle Branham, who was the losing pitcher for Post 174, flied out softly to right to end the inning.
Irmo did slice into Sumter’s lead in the top of the fourth. Post 174’s Adam Churchwell slashed a two-out double into the right-centerfield gap to score Ryan Shumpert and cut the Irmo advantage to 2-1.
The score remained the same until the bottom of the eighth, when Sumter put the game and a state title, away.
Post 15 exploded for four runs in the inning, all coming with two outs. Sumter’s Grayson Tanner provided the exclamation point on the outburst, ripping a double into left centerfield, scoring two and putting Sumter up 6-1.
Johnson made sure the lead stood up in the ninth, setting down Irmo in order to end the game.
The Post 15 players and coaches came pouring out of the dugout and embraced in a massive dogpile at the pitcher’s mound as the large contingent of Sumter fans celebrated.
“We knew we could do it,” Richard Jones said. “We’ve got a lot of guys that this is their last year, so this is extra special for us. Now we’ve got to get ready to play some of the best teams in the country in Alabama. It’s gonna be baseball heaven.”

Obituaries

Maberline D. Fortner

GREENWOOD — Maberline DeLoach Fortner, 88, formerly of 220 Kentucky Avenue, widow of Edward James “Ed” Fortner, died Sunday, July 31, 2005 at the Hospice House.
Born in Saluda County, she was the daughter of the late Walter and Sue Turner DeLoach. She was retired from Greenwood Mills, Sloan Plant, where she was a member of the Quarter Century Club. She was a member of South Greenwood Church of God, now Restoration Ministries, where she was a member of the Clara Mae Wells Sunday School Class.
She was preceded in death by a son, Frankie Fortner; six sisters, Mattie Lou D. Horne, Emie D. Bryan, Ina D. Gallimore, Ruby D. Lagrone, Lois D. Shidle Cromer and Sue Mae D. Frady Bowers and four brothers, Elmer DeLoach, Floyd DeLoach, Heber DeLoach and Reginald DeLoach.
She is survived by her beloved cousin and dearest friend, Sybil Ouzts.
Services will be at 11 a.m. Tuesday at the Harley Funeral Home Chapel with the Rev. Bobby Davis, her loving nephew, and the Rev. Jason Garner officiating. Burial will be in Elmwood Cemetery.
Pallbearers will be Allen Fortner, Robert DeLoach, Burl Shidle, Jimmy Gentry, Leonard Bryan and Chris Gettys.
The family will receive friends at the funeral home on Tuesday from 10-11 a.m.
The family members are at their respective homes.
Memorials may be made to the Hospice House, c/o HospiceCare of the Piedmont, 408 W. Alexander Avenue, Greenwood, SC 29646 or to Restoration Ministries, P.O. Box 2141, Greenwood, SC 29646.
Online condolences may be sent to the family by visiting www.harleyfuneralhome.com
PAID OBITUARY

Tyrice Ramon Hicks

DONALDS — Tyrice Ramon Hicks, 33, of 27 Avondale Drive, died Wednesday, July 27, 2005 in Abbeville County.
Born in Abbeville County, he was a son of Reuben and JoAnn Rouse Hicks. He was a graduate of Ware Shoals High School and a member of Dunn Creek Baptist Church.
Survivors include two sons, Ramon Dixon of Anderson and Jaquan Hicks of Ware Shoals; two daughters, Khadiajha Dixon of Anderson and Precious Tatum of Ware Shoals; his parents of the home; two sisters, Stephanie Amaker of Anderson and Catina Hicks of Donalds; and paternal grandmothers, Virginia Hicks of Donalds and Doris King of Chicago.
Services are 2 p.m. Tuesday at Dunn Creek Baptist Church. The body will be placed in the church at 1. Burial is in Oakbrook Memorial Park, Greenwood.
No wake is planned.
The family is at the home.
Robinson-Walker Funeral Service, Ware Shoals, is in charge.

Victoria Kerr

ABBEVILLE — Victoria Howie Kerr, 102, formerly of 74 Woodburn Rd., Spartanburg, SC, resident of Abbeville Nursing Home and widow of J. Davis (son) Kerr died Sunday July 31, 2005 at the nursing home.
She was born in Chester, SC June 8, 1903 and was a daughter of the late Torrance Victor and Cora Dry Howie.
Victoria Howie was raised in Abbeville, SC. She was a 1919 graduate of Abbeville High School and 1923 Agnes Scott College. She was an educator in South Carolina public schools for over 40 years, spending most of those years at Spartanburg High School. She was married to the late John Davis (son) Kerr, a noted Spartanburg attorney.
She was a member of First Presbyterian Church of Spartanburg. She was also active in many civic and social organizations including: Daughters of the American Revolution, the Spartanburg Book Club, the Assembly of Spartanburg, Beaux Arts of Spartanburg, The Study Club, and the Spartanburg Ballet Guild. She and her husband were charter members of the Piedmont Club as well as members of the Spartanburg Country Club.
She was a generous contributor to many churches as well as colleges, charities and organizations.
She was preceded in death by sisters Elizabeth Howie and Ruth Howie Plaster, brothers Thomas Dry Howie, Sanford Howie, Ralph (Buster) Howie and Franklin (Tige) Howie. She was the last member of her immediate family. She is survived by nieces Sally Howie McDevitt, Vicki Plaster Whitelock, Wonda Howie Evans, Gene Howie Butler, Ruth Howie Bacon, and Hannah Howie Dias, nephews Sanford Howie, Ted Howie, and Tom Howie. She is also survived by her loving sister-in-law Eugenia Howie Milford and numerous grand and great nieces and nephews.
The body is at The Chandler-Jackson Funeral Home.
Graveside services will be conducted Tuesday Aug. 2, 2005 at 3:00 PM from Long Cane Cemetery with Dr. Michael Bush officiating.
The family is at the home of Mrs. Eugenia Milford 502 Chestnut St. Abbeville, SC.
Memorials may be made to Abbeville Presbyterian Church 301 N. Main St. Abbeville, SC 29620 or to a charity of one’s choice.
The Chandler-Jackson Funeral Home, Abbeville, SC is in charge of arrangements.
PAID OBITUARY

William Robert Powell

GREENWOOD — William Robert Powell, 78, of 107 Kuchta Rd., died at Hospice Care of the Piedmont on Saturday, July 30, 2005.
Mr. Powell was born in Tampa, FL, a son of the late James Holt and Elizabeth Taylor Powell. He was retired from marble masonry, and was most recently employed with North American Expediting, Pittsburgh, PA. He served in the US Navy, was a member of Our Lady of Lourdes Catholic Church, and was a member of the Marble Union and Masonic Lodge in Florida. Following his beloved Marilyn, his grandchildren meant the world to him. His friends and family will remember Mr. Powell most for his love of trains.
Surviving are a son, William Scot Powell of Scotch Plains, NJ; a step daughter, Laura Carter Mann of North Carolina; four grandchildren, William Michael Powell, Matthew Scot Powell, Nicole Smith and Amber Carter; a brother, James Powell of Saluda; and a sister, Ruth Elvery of Tallahassee, FL. Predeceased was a daughter, Lisa Josephine Powell Stearman.
A memorial mass will be held Tuesday, Aug. 2, at 10 AM at Our Lady of Lourdes Catholic Church.
Cremation Society of South Carolina
PAID OBITUARY

Opinion

State college tuition costs become a problem to all

August 1, 2005

Some of us have argued for years that if tuition costs continued their upward trend, it wouldn’t be long before South Carolina’s public colleges would price some of our children out of higher education. That time is fast approaching, if not already here.
The continuing debate is that the state Legislature has not kept up with funding. That means, some say, that if colleges are to be what lawmakers and others say they need to be to fill the state’s economic needs, they have no alternative but to increase tuition every year. This year double-digit increases have hit students. And those have come on top of past yearly increases.
What about the “education” lottery? Wasn’t it supposed to solve many of our problems? Well, according to a recent news article, university officials say “Close to all South Carolinians entering USC and Clemson as freshmen have state lottery-funded scholarships. However, statewide, nearly half lose the scholarships, which require a B-average, over the course of their college careers.”

THAT, OF COURSE, MEANS that many of those who don’t keep the scholarships drop out of school, thus depriving the colleges of that scholarship revenue, which further complicates the problem.
That also tells us something that most South Carolinians have known, and complained about, for years. Too many students who enter college are not adequately prepared. And that highlights the other problem ….. at least one of the other problems. The colleges can’t do their jobs, no matter how much money they get, if the elementary, middle and high schools in the state don’t do theirs.
Of course, there are those who insist that money is not the answser. And, there are those who insist that other problems hinder the educational process all the way through. That includes attitudes – of students and parents – poorly trained and ineffective teachers, a shortage of teachers, classes too large, too much paper work ….. and the beat goes on.

A LEGAL CHALLENGE TO the Legislature’s funding of poorer public school districts has been in litigation for years. Lawmakers, however, say all districts are funded based on “adequate” schools. That means, they say, that “adequate” maintains an acceptable standard.
Whatever the problems in South Carolina education, at all levels, it seems clear that “adequate” answers have not been found.
Doesn’t that indicate a real need for an all-inclusive commission of educators from all levels, lawmakers, parents and the governor’s office to start from scratch and say, OK, here’s the problem. What do we need to fix it? Be honest, and then do it.
Every person involved should have no preconceived notions about anything or anybody ….. that is, if anyone can be open-minded about education.

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