Ruling pleases attorney
Rita Bixby eager to have day in court, defense lawyer says
April 12, 2007
By
MIKE ROSIER
Index-Journal staff writer
It was exactly what Jeff Bloom was looking for.
The state Supreme Court issued a 4-1 opinion Monday upholding a
prior ruling by 10th Judicial Circuit Court Judge Alexander S.
Macaulay that quashed a death penalty notice served by state
prosecutors on Bloom’s client, Rita Bixby.
The Bixby family matriarch is charged with misprision of a
felony, criminal conspiracy and two counts of accessory before
the fact of murder, for her alleged role in the events preceding
the Dec. 8, 2003, deaths of two Abbeville County law enforcement
officers.
And though her attorneys — Columbia’s Bloom and
Greenwood’s Joe Smithdeal — thought all along that
South Carolina law backed their stance, Bloom said he never
presumes to know how the court will rule.
“I never try to predict what the Supreme Court might do,”
Bloom said Wednesday. “Those are very smart people up there,
and once I’ve argued my case I leave it in their hands.
Obviously, I was very pleased with the ruling. I think the
justices’ opinion is concise and logical and rational, and
we look forward to going to court and trying this very soon.
“I’ve since talked to a number of solicitors around the
state off the record, and they’ve all told me they never
thought that you could charge someone with the death penalty just
as an accessory. I think that common understanding is because the
accessory statute specifically does not provide for the death
penalty.
“The only states that do allow the death penalty for
accessory have it directly in their statutes, for example, on a
murder for hire. Where we’re different in our state is we
have case law that if you directly participated (in a murder for
hire), you can be directly charged with murder and not accessory.”
State prosecutors have the option to file a motion of appeal or a
petition to have the case reconsidered before the Supreme Court,
but that move is considered unlikely. Normally, the state (in the
example of this case) also would have the option of appealing to
the U.S. Supreme Court.
However, because of the nature of the decision being rendered
based on a South Carolina state statute, Bloom does not see that
happening.
“The U.S. Supreme Court usually will not invade a state
ruling unless it violates the Constitution,” Bloom said.
“I don’t see that at all here.”
Bloom says his client eagerly anticipates her case reaching
court.
“She has always looked forward to getting into court and
letting a jury decide her case,” Bloom said. “She is
very enthused to get past this procedural hurdle in the case, and
she’s looking forward to getting into court as soon as
possible.
“I would think she would love to be in court this coming
Monday.”
One question remains foremost among the many looming concerns as
the case draws closer to trial: Will Macaulay continue
jurisdiction in the case, which was assigned as a death penalty
case? According to Bloom, Macaulay still retains jurisdiction.
“It’s my understanding that jurisdiction has not been
withdrawn,” Bloom said. “Unless and until it is,
(Macaulay) will set the trial date. If I had my druthers, we’d
be picking a jury Monday. Ms. Bixby is 74 years of age. We
definitely want to get into court and move forward on this.”
“There are a lot of unanswered questions,” Eighth
Judicial Circuit Solicitor Jerry Peace said Wednesday. “Right
now we just don’t know.”
In late 2006, Macaulay ruled that a person not actually charged
with murder could not be eligible for the death penalty. Most of
the state’s high court justices agreed.
The majority of the court’s opinion — as well as the
lone voice of dissent from Chief Justice Jean Toal — dealt
with the interpretations of state statutes 16-1-40 (2003) and
16-3-20 (2003).
The two state statutes read as follows:
(16-1-40) A person who aids in the commission of a felony or is
an accessory before the fact in the commission of a felony by
counseling, hiring, or otherwise procuring the felony to be
committed is guilty of a felony and, upon conviction, must be
punished in the manner prescribed for the punishment of the
principal felon.
(16-3-20) (A) A person who is convicted of or pleads guilty to
murder must be punished by death, by imprisonment for life, or by
a mandatory minimum term of imprisonment for thirty years.
If the state seeks the death penalty and a statutory aggravating
circumstance is found beyond a reasonable doubt ... and a
recommendation of death is not made, the trial judge must impose
a sentence of life imprisonment.
(B) When the state seeks the death penalty, upon conviction or
adjudication of guilt of a defendant of murder, the court shall
conduct a separate sentencing proceeding.
In the proceeding, if a statutory aggravating circumstance is
found, the defendant must be sentenced to either death or life
imprisonment.
If no statutory aggravating circumstance is found, the defendant
must be sentenced to either life imprisonment or a mandatory
minimum term of imprisonment for 30 years.
The court’s opinion said in part that:
“A possible sentence of death applies only when one is
convicted of or has pled guilty to the crime of murder. Following
the plain language of § 16-3-20, the state may seek the death
penalty upon conviction or adjudication of guilt of a defendant
of murder. The statute does not provide any other crimes for
which a defendant may be eligible for the death penalty.
“Although 16-1-40 provides that one who is convicted as an
accessory before the fact must be punished in the manner
prescribed for the punishment of the principal felon, the
legislature has not indicated any intent in 16-3-20 to have such
an accessory be subject to the most severe punishment of death.
“Given the plain language of 16-3-20 and the fact the
legislature has not shown an intent to make one charged with
accessory before the fact to murder death penalty-eligible,
(Macaulay) properly found that (Rita Bixby) is not eligible for
the death penalty and properly dismissed the state’s notice
of intent to seek the death penalty.”
Toal responded in her dissent that “if we were to replace
each instance of the general term felony in 16-1-40 with the
specific felony of murder relevant in this case, the result is
that a ‘person who ... is an accessory before the fact in
the commission of a murder by counseling, hiring, or otherwise
procuring the murder to be committed is guilty of a murder.’
Therefore, if a jury convicted Respondent for accessory before
the fact to murder, the plain language of 16-1-40, in my view,
would regard Respondent as guilty of the crime of murder.
Accordingly, Respondent would be eligible for the death penalty
under 16-3-20.”
Pre-trial hearings are expected before Bixby’s case ever
reaches trial. Her son, Steven Bixby, was convicted and sentenced
to death for the murders of lawmen Danny Wilson and Donnie
Wilson.
One Rita Bixby hearing likely will include a motion by defense
counsel to change the trial’s venue from Abbeville to
another location.
“I’m sure we’ll be moving for a change of venue,
just to be fair to both sides because I know it’s been a
very publicized case,” Bloom said. “Let me say this,
though: Abbeville is a wonderful town.
It’s a lovely place. Everyone there has been very warm and
kind.
“It is simply a tragedy, what this town has experienced, but
we are looking forward to having a jury settle this issue with
some finality. That’s what jury trials are for.”
Man faces charges of stealing police car
April 12, 2007
By
CHRIS TRAINOR
Index-Journal staff writer
WARE SHOALS — The Ware Shoals Police
Department arrested a man Wednesday after he reportedly stole a
police car and led officers on a short chase.
Police arrested Christopher Brock, 23, of 191 Gaines Road in Ware
Shoals. Brock is charged with larceny of a police vehicle,
failure to stop for a blue light, driving with a suspended
license and DUI.
Police Chief Mickey Boland said officers had set up a safety
checkpoint in Ware Shoals Wednesday, a practice that has become
common in recent months.
“Since December, we have tried to set up license checks in
random locations,” Boland said. “We have seen a trend
of people driving without insurance or even without driver’s
licenses.”
When Brock came through Wednesday’s checkpoint, Boland said,
officers became aware he had an active bench warrant against him.
He said they took him into custody and placed him in the back of
a police cruiser.
Ironically, Boland said Brock’s mother was at the police
station paying off the warrant at almost exactly the same time.
He said that after she paid it, she was going to where police had
Brock in custody.
Brock apparently had other plans in mind.
“Somehow, he got his handcuffs in front of him and slipped
through the glass partition between the front and back of the
car,” Boland said. “At that point he took off.”
Boland said Brock’s small stature — Boland said he
weighs about 130 pounds — likely provided the opportunity
for Brock to slip into the front seat. Officers chased Brock for
about two miles before he pulled over and was re-apprehended.
Boland said he and his department will continue to conduct the
license checks.
“Driving privileges in this state are just that: privileges,”
Boland said. “It’s not fair to people who do the right
thing to have to share the road with people with no driver’s
license and no insurance.”
Getting on track
Second-year YMCA program aims for smooth run in 2007
April 12, 2007
By
RENALDO STOVER
Index-Journal sports writer
There are a variety of sports for kids to compete in throughout
the Lakelands. Now, the Greenwood Family YMCA presents an
additional opportunity with the Jaguars Track and Field program.
The team practices three times a week (Monday, Tuesday and
Thursday) from 5:30 to 7 p.m. Thanks to the athletic department
at Emerald High School, the team is able to use the Vikings’
training facilities for each practice.
Coach Scott Claybourne said the program presents a great
opportunity for younger kids to learn and excel while the older
participants can sharpen their skills.
“It’s great for them,” Claybourne said. “The
younger they start, the better they’ll be by the time they
reach high school. The kids will gain so much experience through
this program, not only with the practices, they’ll learn how
to eat right and how to exercise as well. The gain is extremely
high.”
“We’re trying to expose track and field to younger
athletes,” coach Darren Ouzts said. “The training that
they receive here will be very beneficial to them down the road.”
In its second year, the Jaguars participate in developmental
meets and in the South Carolina Junior Olympic Championships
while also competing in the regional meets that will be announced
once the schedule is finalized.
at having a full coaching staff for the participants is one of
the biggest improvements this season.
“We knew we would need more coaches,” Sponenberg said.
“This year, we have two distance coaches, two sprinting
coaches and a coach to help in field events. It’s really
helped a lot because now we can focus on developing the younger
kids while doing a separate training session with the older kids.”
Sponenberg said that once the high school track season ends, he’s
hoping that track and field performers from the area will join
the Jaguars as their season begins.
“We would like to have as many as we can get,”
Sponenberg said. “Last year, we had about 10 kids from the
high schools. We would like to try to double that this year. The
more kids we get, obviously the level of competition among each
other is heightened. The older kids can also serve as role models
to the younger kids who are just starting out.”
Sponenberg and Claybourne agree it will motivate the younger
runners to see how their older teammates’ hard work has and
will pay off once the season begins.
The Jaguars will compete in Region III, which, according to
Sponenberg, is a very competitive region.
The region consists of teams from South Carolina North Carolina,
Georgia, Virginia and teams from the Potomac Valley (Md.). Last
season, the Jaguars had a few relay teams, as well as individual
competitors, qualify for the regionals following the state meet.
“You have all these kids in various events from different
states competing against each other,” Sponenberg said.
“The state competition is tough, but when you get to the
regionals, it’s at another level. If you make it through
regionals, then you get to the nationals.”
With the addition of the Jaguars, which is open to boys and girls
ages 5 to 18, the Greenwood Family YMCA has increased its
competitive teams to four areas, including wrestling (Grapplers),
gymnastics (Flipsters) and swimming (Gators).
For information on the Jaguars, contact the Greenwood Family YMCA
at 223-9622.
Obituaries
Chad Calhoun
NINETY
SIX — Christopher Chad Calhoun, 25, of 205 Lowell
St., died Wednesday, April 11, 2007, at his home.
Services will be announced by Blyth Funeral Home & Cremation
Services, Greenwood.
Bob Coleman
Robert
Carlton “Bob” Coleman, 61, of 224 W. Cambridge Ave.,
husband of Phyllis Snider Coleman, died Tuesday, April 10, 2007.
Services will be announced by Blyth Funeral Home & Cremation
Services.
Willie Joe Dandy
McCORMICK
— Willie Joe Dandy, 60, of Savannah Heights Living Center,
formerly of 4503 Cokesbury Road, Hodges, died Tuesday, April 10,
2007, at his home.
The family is at 4503 Cokesbury Road, Hodges.
Percival-Tompkins Funeral Home, Greenwood, is in charge.
William H. ‘Bill’ Dorn
PLUM
BRANCH — Mr. William Henry “Bill” Dorn,
74, of Plum Branch, SC, died Wednesday, April 11 at Heartland
Hospice, Augusta.
A memorial service will be held Friday, April 13, 2007, at 11
a.m. at Plum Branch Baptist Church, with Revs. Kenneth Boone,
Darrell Engle and John Knoblin officiating.
Mr. Dorn, a native of Callison and son of the late John W. and
Ella Wiley Dorn, had lived in Plum Branch for the past 50 years.
He was a US Army veteran of the Korean Conflict and had retired
as a construction superintendent. Also, he was a member of Plum
Branch Baptist Church. In addition to being an avid pool player,
he also enjoyed fishing, babysitting grandchildren and attending
anything that they were involved in.
Survivors: his wife, Margaret White Dorn; son, Robbin Dorn of
Plum Branch; daughters, Cheryln D. Pennington and husband, Don,
Plum Branch, Tabitha D. Partridge and husband, Lee, Lincolnton;
sisters, Helen Young, Bradley and Gene McKinney, Callison;
grandchildren, Shonda O’Briant, Joey Dorn, Cheree Dorn,
Chase and Rex Bandy, Maggie, Jesse and Emily Partridge;
great-grandchildren, Hunter and Robbie O’Briant.
He was preceded in death by his son, William Dean Dorn and
brother, Jackson Dorn.
Memorials may be made to Heartland Hospice, 1365 Interstate
Pkwy., Augusta, GA 30909 or Plum Branch Baptist Church, P.O. Box
150, Plum Branch, SC 29845.
The family will receive friends from 6 p.m.-8 p.m. Thursday
evening at Beggs Funeral Home, 200 May Ave., Lincolnton, GA,
30817 (706) 359-4117.
Sign the guestbook at www.beggsfuneralhome.net.
Mary Harper
McCORMICK — Services for Mary Harper, formerly of 204 Poplar Street, are today at Holy Springs Baptist Church at 1 p.m., conducted by the Rev. Robert Knox, Jr. The body will be placed in the church at noon. Burial is in the church cemetery. The family is at the home of her daughter, Georgia H. Yeldell, 403 Cedar Hill Road, McCormick. Robinson & Son Mortuary, Inc. is in charge of arrangements. Online condolences may be sent to robson@nctv.com.
Louise Hill
Louise
McNick Hill, 90, of 424 Stanley Ave., widow of John Frank Hill
Jr., died Wednesday, April 11, 2007, at her home.
Services will be announced by Blyth Funeral Home & Cremation
Services.
Patrick Trevor Manley
SALT LAKE CITY — Patrick Trevor
Manley, 41, husband of Janice Whitt Manley, died April 5, 2007 at
his home.
Born in Greenwood County, he was the son of Mr. and Mrs. Joel
Kenneth Manley.
Survivors include his son, Kenneth Lawrence Manley; daughters,
Kimberly Brook Nicholson, Taylor Danielle Manley and Kaylan
Nicole Manley; granddaughter Aubrey Nicholson; stepchildren,
Shannon Whitt, Kayla Cook and Michael Summers; grandmother, Leila
Y. Peurifoy; brother, Joel K. Manley; and sisters, Tammy M. Human
and Leah M. Blanton. He was predeceased by grandparents Austin
Attaway and Mr. and Mrs. Steve Manley.
A memorial service will be Saturday, April 14 at 3 p.m. at First
Baptist Church, Greenwood, with the Rev. Tony Hopkins
officiating.
The family will receive friends after the service, in the
narthex.
The family is at the home of his parents, 113 W. Laurel.
Memorials may be made to Faith Home; First Mt. Moriah Baptist
Church Cemetery Fund; or First Baptist Church, Greenwood.
Amos C. Nicholson
Amos
C. Nicholson, 60, of 571 Maxwell Ave., husband of Beatrice
Nicholson, died Wednesday, April 11, 2007, at Self Regional
Medical Center.
The family is at the home.
Percival-Tompkins Funeral Home is in charge.
James C. Poole
GARDENDALE,
Ala. — James C. Poole, 79, of Gardendale, AL, husband of
Sarah F. Poole, died Tuesday, April 10, 2007.
Born in Camden, AL, he was a son of the late William Rufus and
Sadie Capell Poole.
Survivors include his wife; his son, James M. Poole of
Pinsonville, AL; a grandson; a sister, Sarah P. Peeler of
Greenwood; a brother, Edward Poole of Iowa; nieces, Elizabeth
Peeler, Brenda Norris and Mary Moss and nephews, Mike Peeler and
Billy Peeler, all of Greenwood.
Graveside services will be at 3 p.m. Friday at Liberty-Minter
Cemetery in Morris, AL.
The family will receive friends at Morgan’s @ Gardendale
Funeral Home on Thursday from 6 to 8 p.m.
Announcement courtesy of Harley Funeral Home and Crematory.
Rev. Gene Thrasher
ANDERSON
— The Rev. Eugene “Gene” F. Thrasher, 74, husband
of Lorene Branyon Thrasher, of 103 Donaree Drive, died Tuesday,
April 10, 2007, at the AnMed Health Medical Center in Anderson.
The family is at the home.
The McDougald Funeral Home is in charge.
Pearl Turner
ATLANTA
— Pearl Turner, 98, died Tuesday, April 10, 2007, at the
Henry Medical Center, Stockbridge, Ga.
Services will be announced by Harley Funeral Home and Crematory,
Greenwood, S.C.
Opinion
Letting
tax cuts expire would be a big tax hike
April 12, 2007
How
long does it take us to learn a valuable lesson? Apparently, some
people never do. Take federal tax cuts, for example. There’s
a lesson there that cannot be ignored, even though some in
Washington apparently count on taxpayers not paying attention to
something that directly affects them.
South Carolina taxpayers who have been attentive through the
years, though, will remember that President John F. Kennedy
pushed through tax cuts in the early 1960s. The cuts had the
desired effect, too. The government took in a lot more revenue
and the economy in general benefited.
President Kennedy got a lot of credit for his “foresight,”
especially from Democrats in the nation’s capital. You might
say they saw that cutting taxes was a stroke of genius.
THAT WAS THEN, HOWEVER, and this is now. Of
course, the results were the same after the Bush tax cuts of 2001
and 2003. The Wall Street Journal noted, “ ... the lower
rates also provided a spur to incentives that lead to a rebound
in investment, stock prices and ultimately economic growth,
individual incomes and corporate profits. This produced, in turn,
a very sharp rebound in federal tax receipts ...” In fact,
The Journal noted, federal revenues are above where they’ve
been for most of the last half century. The government is “far
from starved for cash” The lesson there - in both cases - is
that tax cuts have a positive effect on the financial well-being
of Americans. That, however, is a lesson that Washington
Democrats, apparently, don’t want taxpayers to learn.
Otherwise they might see through the scheme Congressional
Democrats are preparing ..... not renewing the Bush tax cuts when
they expire in 2010.
IN SPITE OF TANGIBLE PROOF that tax cuts have a
positive effect, by not keeping those cuts Democrats would, in
effect, be heavily increasing taxes on every working American.
But, most of the mainstream media, it appears, would have
taxpayers believe the government is short on cash. It’s not,
and that’s because of the revenue generated by tax cuts.
There is an argument that says the only way to restrain
government growth and spending is to cut off the cash. Maybe so,
but with extensive proof that tax cuts provide more government
revenue, why would anyone let the Bush tax cuts expire?It all
comes across as a big scam that does more to punish taxpayers
than Washington Democrats want them to believe.
It’s simple: Let the tax cuts expire and accept paying much
higher taxes. Or, extend the cuts, protect personal income and
keep the economy moving.