Standoff suspect's day in court

Jury selection begins Monday

February 4, 2007

By MIKE ROSIER
Index-Journal staff writer

ABBEVILLE — Justice is just around the corner.
Following a number of twists and turns, as well as several delays, a trial that will decide the guilt or innocence of Steven Bixby, of Abbeville, in the Dec. 8, 2003, deaths of Abbeville County Sheriff’s Sgt. Danny Wilson and Constable Donnie Ouzts could begin as early as this Friday at the Abbeville County Courthouse.
Bixby and his father, Arthur, were taken into police custody following a tense, 14-hour standoff that included a fierce gun battle with numerous law enforcement agencies at the family’s home located on Union Church Road.
The standoff finally ended when police stormed the home at around 11:20 p.m. Dec. 8.
Arthur Bixby was severely wounded in the exchange of gunfire, sustaining a gunshot wound to the chest.
Steven’s mother, Rita Bixby, was arrested and taken into police custody at the Abbeville Arms apartments.
The prosecution is still seeking the death penalty for Steven Bixby, should he be found guilty by a jury.
Before the trial can take place, however, members of the prosecution and defense — along with Tenth Circuit Court Judge Alexander S. Macaulay — need to select a 12-member jury (along with four alternates) from a large pool of Chesterfield County residents.
About 500 questionnaires were mailed out, according to prosecutor and Eighth Circuit Solicitor Jerry W. Peace.
The process of selecting the jury that will decide Steven Bixby’s eventual fate begins Monday in Chesterfield.

Following is a capsulated timeline that chronicles the chain of important events leading to Monday’s jury selection:

Nov. 24, 2003
Townes Jones says he will not run again for solicitor
Eighth Circuit Solicitor W. Townes Jones IV announces that he will not seek re-election for a sixth term of office, choosing instead to enter private law practice following 19 years of service at the post. The decision — though made prior to the standoff — eventually leads to one of several delays in the case. When it is determined Jones will not have sufficient time to try the case before he ends his term in 2004, the case must wait for a new solicitor to be elected in November 2005.

Dec. 8, 2003
STANDOFF! ­— Abbeville shocked by deaths of two popular law officers
Trouble spilled over into tragedy.
And Abbeville residents were horrified at the mayhem that ensued just past 9 a.m. on the outskirts of the city.
Steven and Arthur Bixby, upset over a land dispute stemming from the widening of Highway 72 through town, barricaded themselves inside the family home in a standoff that would not end for the next 14 hours.
Bullets flew over the property and into the evening.
The results were traumatic. Two law officers — Abbeville County Sheriff’s Sgt. Danny Wilson and State Constable Donnie Ouzts — were dead.
Arthur Bixby, who was severely wounded in the exchange of gunfire, and son Steven were arrested after police stormed the home. Rita Bixby also was arrested at an apartment complex nearby.
“When the gunshots started, it sounded like a war,” Abbeville resident Chris Smith told The Index-Journal at the time of the incident.

Dec. 9, 2003
Steven Bixby claims self-defense; trio arraigned
Steven and Arthur Bixby are each charged with murder after the two men are arraigned along with Rita Bixby.
Rita Bixby is charged with accessory before the fact to murder, conspiracy to commit murder and misprision of a felony.
Steven Bixby pleads not guilty and claims self-defense, saying Sgt. Danny Wilson did not have a warrant and kicked in the door to the family home after it was shut.

Dec. 11, 2003
Donnie Ouzts laid to rest
Family and friends bury State Constable Donnie Ouzts at Forest Lawn Memory Gardens.
“Donnie always had a smile,” said Alvin Hodges, of Rice Memorial Baptist Church.

Dec. 12, 2003
Danny Wilson laid to rest
Abbeville County Sheriff’s Sgt. and Calhoun Falls native Danny Wilson is laid to rest following a service at Glover’s AME Church in Calhoun Falls.

Jan. 21, 2004
Jerry W. Peace announces he’ll run for 8th Circuit solicitor
Following the announcement in November 2003 that W. Townes Jones IV will not seek another term as Eighth Circuit solicitor, his chief deputy solicitor in charge of cases in Laurens and Newberry counties — Jerry W. Peace — announces his intentions to run for solicitor.
Coincidentally, Townes receives an investigative report on the cases against Steven, Arthur and Rita Bixby from the State Law Enforcement Division on the same day.

March 15, 2004
Grand jury says evidence versus Bixbys sufficient for trial
An Abbeville County grand jury convenes and hands out indictments — or formal accusations of a felony — to Steven, Arthur and Rita Bixby.
The grand jury decides that the amount of evidence is more than sufficient for each family member to stand trial by jury.

Aug. 3, 2004
Prosecutors to seek death penalty for Steven Bixby
Eighth Circuit Solicitor Townes Jones announces at an arraignment that, along with 11 additional charges that will be filed, the state will also seek the death penalty against Steven Bixby for the “aggravating circumstances” surrounding the deaths of Sgt. Danny Wilson and Constable Donnie Ouzts.

Nov. 3, 2004
Peace wins election, named new 8th circuit solicitor
Following a victory at the polls over three other candidates, Jerry W. Peace succeeds his supervisor, Townes Jones, as Eighth Circuit solicitor.
Peace carries 52 percent of the votes.

Dec. 8, 2004
Fallen officers honored during ceremony marking year since standoff
Exactly one year following a horrendous day in Abbeville history, residents gathered to honor the two men who sacrificed their lives in the pursuit of their duties.
Wreaths were placed at a monument for Sgt. Danny Wilson and Constable Donnie Ouzts, located outside the Abbeville County Sheriff’s Office building.
“It’s hard to believe it’s been a year,” Abbeville Chief Magistrate Tommy Ferguson told The Index-Journal.

Jan. 13, 2005
Prosecutors seek death for all three Bixbys
New Eighth Circuit Solicitor Jerry W. Peace says he will seek the death penalty in all three cases involving Steven, Arthur and Rita Bixby.
Defense attorneys Jeff Bloom (Rita’s attorney) and Bill Nettles (Steven and Arthur’s attorney), along with public defender Charles Grose, see the move as trying to drive a wedge between their clients.

Aug. 2, 2005
Abbeville residents will not serve on Steven Bixby jury
Eleventh Circuit Judge Marc Westbrook — the judge in the case — decides that jurors will be impaneled from another county to hear the case against murder suspect Steven Bixby.
The decision is based in part on the amount of publicity — in print and on television — the standoff received following the incident.
Whether the trial will be in Abbeville is to be decided later after Westbrook reviews a security plan put together by Abbeville County Sheriff Charles Goodwin.

Sept. 14, 2005
Judge Westbrook, law clerk killed in Edgefield County wreck
In yet another dramatic — yet unforeseen — turn of events that delays the trial of Steven Bixby even further, Eleventh Circuit Judge Marc Westbrook and law clerk James Randall Davis Jr. are killed in a two-vehicle wreck at the intersection of Highway 378 and Highway 25.
Eighth Circuit Solicitor Jerry W. Peace remembers Westbrook as an “outstanding jurist and a fine gentleman.”

Oct. 5, 2005
Judge Alexander S. Macaulay given jurisdiction over cases of Steven, Rita Bixby
It’s announced that Tenth Circuit Judge Alexander S. Macaulay will preside over the capital double-murder case of Steven Bixby.
He also will handle the future case — as would have Judge Westbrook — that will be presented against Rita Bixby.
A hearing is set to see “where we are in the case,” according to Eighth Circuit Solicitor Jerry W. Peace.

Dec. 20, 2005
‘We can have the trial here in Abbeville County’
Judge Alexander Macaulay, after reviewing a security plan presented to him by Abbeville County Sheriff Charles Goodwin, says he thinks the capital murder trial of Steven Bixby should remain in Abbeville County.
It turns out not to be the final word, as the final location for the trial is not settled until months later. Solicitor Jerry Peace announces Chesterfield, Lancaster and Chester counties are being considered as potential jury pools for the Steven Bixby trial.
Steven Bixby submits another of three lengthy, handwritten motions to the court. In the newest, consisting of 13 pages, he says the former judge in the case, the late Marc Westbrook, was struck down by “God’s incredible wrath.”

Feb. 9, 2006
Judge Macaulay sets October trial date for Steven Bixby
Tenth Circuit Court Judge Alexander Macaulay sets a date of Oct. 2, 2006, for Steven Bixby’s capital murder trial.
Macaulay had still not decided whether he would uphold Judge Marc Westbrook’s decision that the trial would take place in Abbeville County.

July 10, 2006
Trial jurors to hail from Chesterfield County
Judge Alexander Macaulay issues an order that jurors in the capital murder case of Steven Bixby will come from Chesterfield County.

Aug. 22, 2006
Macaulay dismisses death penalty notice for Rita Bixby; trial could leave Abbeville
In a move that disappoints the prosecution, Judge Alexander Macaulay dismisses a death penalty notice that had been issued to Rita Bixby.
There is still no permanent home for the trial as well. Judge Macaulay at this point had still issued no order stating where the trial will be held.

Aug. 29, 2006
Judge Macaulay decides: Trial is Abbeville’s to keep
Tenth Circuit Judge Alexander Macaulay finally issues his decision that Abbeville County will indeed remain the site of the capital murder trial of Steven Bixby.
Former case judge Marc Westbrook had decided that Abbeville would keep the trial, but Macaulay took several months before reaching his own conclusion on the matter.
The ruling quashed a change-of-venue motion that had been filed by the defense due to security concerns.

Sept. 12, 2006
Bixby trial delayed again, this time ‘issues’ to blame
Eighth Circuit Solicitor Jerry Peace announces that the capital murder trial of Steven Bixby in the December 2003 shooting deaths of law officers Sgt. Danny Wilson and Donnie Ouzts will be pushed back due to “issues” that surface from time to time in death-penalty cases.
“It’s a disappointment to me and I know it’s a disappointment to the families,” Peace said.
It marks the third time that the trial has been significantly delayed, following the announcement of former solicitor Townes Jones IV to not seek another term and the death of the former judge in the case, Marc Westbrook.

Dec. 20, 2006
Back on track: Trial gets February start date
More than three years have passed since two law officers with Abbeville County were killed in the incident on Dec. 8, 2003. No jurors have been selected, no opening statements made and no witnesses heard.
Tenth Circuit Court Judge Alexander Macaulay issues a ruling stating Steven Bixby is competent to stand trial for the murders of Sgt. Danny Wilson and Donnie Ouzts.
It’s the second time a trial date has been set, and moved. This time, a date of Feb. 5, 2007, is established for jury selection in Chesterfield County.

Jan. 18, 2006
Macaulay rules Bixby statement can be used as evidence at trial
Tenth Circuit Court Judge Alexander Macaulay rules that a statement Steven Bixby gave to State Law Enforcement Division officers at the time of his arrest in 2003 would be allowed in a trial as evidence.
In the statement, obtained by The Associated Press, Bixby says he feared for his life, adding that when he and his father, Arthur Bixby, asked Sgt. Danny Wilson to leave the residence early on Dec. 8, 2003, Wilson “reached for and unsnapped his sidearm.”

Shock victim: God pulled me through

February 4, 2007

By CHRIS TRAINOR
Index-Journal staff writer

When it comes to blessings, everything is relative.
Take Greenwood’s Jason Burden, for example. One might find his situation tragic after severe electric shock left him burned and badly injured. But Burden said he feels blessed to be alive.
“I feel good,” Burden said as he relaxed Friday at his home on Cassell Circle, where he has been since Jan. 26 after spending 36 days in the Augusta Burn Center.
“God gets all the glory on this one. He pulled me through it, and I wouldn’t be living without Him.”
Burden, who owns his own landscaping business, received severe electric shock Dec. 21, 2006, while he was working in his yard. As he ascended a ladder to knock pecans off a tree, the metal pole he was using touched an electrical wire. Burden said he remembers the moment vividly.
“I could see everything that was going on, but I couldn’t get off because of the current,” Burden said. “I could feel myself shaking.”
Burden said he does not remember the 20-foot fall he suffered from the ladder. He said he woke up around the time EMS workers got there.Burden’s wife, Dana, said her mother, Dianne Ruff, ran out to see what happened. Dana said Ruff sat beside Burden and prayed with him until the rescue workers arrived.
“He told the EMS guys he wanted to stand up and get in the ambulance,” Dana said, smiling. “But they insisted he lay down.”
Burden was taken to Augusta later that day. He was placed in a medically induced coma, in which he stayed for 13 days, until Jan. 2.
“It was because of the pain,” Dana said. “The doctors said many times patients will become combative and harmful to themselves with that kind of pain. So they opted for the coma.”
Dana said it was strange when her husband awoke from his induced slumber.
“We had to let him know what had been going on,” Dana said. “I told him he had missed Christmas and missed New Year’s. It was a little tough for him.”
Burden suffered fourth-degree burns on his left hand and right leg during the incident. While he was in a coma, he had developed a very serious infection in his left hand, on top of the burns. With the infection taking a serious toll, doctors had to make a tough decision: They decided to amputate Burden’s left hand, cutting it between the elbow and wrist. The surgery was done on Jan. 1.
Burden said it has been an adjustment dealing with the loss of his hand.
“I do get the phantom pain,” said Burden, referring to the pain that is common among people who have lost an arm or leg. “But I am dealing with it. I have been sleeping well at night, maybe eight or nine hours.” Dana calls on perspective when referring to her husband’s missing hand.
“I’d much rather have Jason without a hand than to have lost Jason,” Dana said. “We’ll get through this.” Dana said doctors were direct with her when they arrived in Augusta. They told her Jason might have had brain damage, heart damage and burned lungs. They also told her he might be in Augusta for 60 days.
“By the grace of God, none of that happened,” Dana said. “His heart or brain weren’t damaged, and he was only there 36 days.”
Now that Burden is home, he is attempting to make progress, little by little. He said he has been up walking around the house, and he is beginning to regain strength in his upper body. He also has been exercising his right hand, which sustained third-degree burns.
He and Dana were looking forward to going out for a drive on Friday.
“We’re going to do a Sunday drive on Friday,” Dana said, laughing.
The husband and wife looked as if they are beginning to settle back into a normal life, even giving each other a hard time about their favorite teams: Jason likes South Carolina, Dana roots for rival Clemson.
“It’s his one downfall,” Dana said. “We’re a house divided in those terms.”
Burden expressed appreciation for all those who have sent him well wishes, money, cards and prayers. He said there has been a tremendous outpouring of support for him all over the community. One group of his buddies, The Friends of Jason Burden, had a hot dog benefit for him that raised more than $4,000.
“I love those guys,” Burden said. “I can’t wait to go see them or for them to come see me.”
Burden said he will resume supervising at his business, which has been maintained by his brother-in-law, Josh McGuire, since the incident, when he is able.
“When I get better use of my right hand, I’ll be ready,” he said.

Obituaries

Frances Ashley

DUE WEST — Frances Fleming Ashley, 80, widow of Jasper Brown “Jack” Ashley, of 1 Young St., died Saturday, Feb. 03, 2007, at Abbeville County Hospital.
Born in Abbeville County, she was a daughter of the late Tom and Iva Hanks Fleming. She was a homemaker and a member of Due West Baptist Church.
Surviving are six sons, Terry Fleming of Greenwood, Mike Ashley of Due West, Danny Ashley of Ware Shoals, Rickey Ashley of Abbeville, Tim Ashley of Greer, and Scott Ashley of Due West; two sisters, Mallie Brock and Allie Haynes, both of Due West; eight grandchildren and five great-grandchildren.
Funeral services will be held 2 p.m. Monday at Due West Baptist Church with Rev. Bob Philyaw officiating. Burial will follow in the church cemetery.
The family will receive friends from 7-9 p.m. Sunday at Pruitt Funeral Home, Honea Path. The body will be placed in the church at 1 p.m. Monday. The family is at the home of her son, Rickey Ashley, 2657 Stevenson Road, Abbeville.

Danny Driver

ABBEVILLE — Danny Lee Driver, 43, husband of Cindy Shuler Driver, died Saturday, Feb. 3, 2007, at his home.
Services will be announced by Harris Funeral Home.

Genell McAllister

WARE SHOALS — Genell Bonds McAllister, 80, a resident of Wesley Commons, Greenwood, and a lifetime resident of Ware Shoals, died Friday, Feb. 2, 2007, at Hospice House of Greenwood.
Genell is at peace with the Lord after struggling for several years with Alzheimer’s. She was a loving and supportive wife, mother, grandmother, great-grandmother, and friend to many. Born in Abbeville County, Mrs. McAllister was the daughter of the late Worley and Florence Bonds. She was retired from Park Seed Company in 1980 and was a member of Ware Shoals First Baptist Church.
Genell is survived by her husband of 58 years, Alber M. “Mac” McAllister; a daughter, Brenda James and husband, Dr. Bill James of Spartanburg; a son, Albert “Ronnie Mac” McAllister and wife, Carla of Greenwood; a daughter, Sandy Owens and husband, Ronnie of Ware Shoals; grandchildren, Tripp James of Spartanburg, Dana Chrisley and husband, Chris of Greenwood, Leah Thomson and husband, D.K. of Greenwood, Ronnie McAllister II, Kensley Owens and Madison Owens of Ware Shoals; great-grandchildren, Garrett and Rayane. She is also survived by her brother, Melvin “Bud” Bonds and wife, Lillian of Honea Path. She was predeceased by her brothers, Worley Bonds Jr. and Billy Bonds.
Funeral services will be conducted 2 p.m. Monday at Ware Shoals First Baptist Church with Rev. Leon Jones officiating. Interment to follow in Greenwood Memorial Gardens.
Active pallbearers will be Tripp James, Ronnie McAllister II, Chris Chrisley, D.K. Thomson, James Bonds, and Steve Owings.
In lieu of flowers, memorials may be made to Ware Shoals First Baptist Church, P.O. Box 449, Ware Shoals, S.C. 29692 or to the Hospice House of Greenwood, 408 W. Alexander Ave., Greenwood S.C. 29646.
The family is at the home of Sandi Owens, 114 Smith St. Extension, Ware Shoals, and will receive friends 7-9 p.m. Sunday at Parker-White Funeral Home.

Grappling for a playoff win

Ninety Six pins playoff victory

February 4, 2007

By RON COX
Index-Journal sports editor

NINETY SIX — The Ninety Six wrestling team recorded six of its eight wins by pins to defeat West-Oak, 45-32, Saturday night in the opening round of the Class AA duals.
The Wildcats (21-5) earned a Monday-night matchup with No. 4 Broome in Spartanburg.
Key pins by Will McClam, who moved up from the 130-pound weight class to 135 at the last minute, and Tyler Neal, who earned a third-period takedown, helped the No. 5 seed Wildcats (21-5) advance.
The Centurions knocked out the Wildcats in the 2005 team tournament en route to an Upper State title.
“It’s always nice to advance and we get to see Broome, and we’ve kind of had them in our sight since two years ago,” Ninety Six coach Brian Neal said. “We’ve had some motivations behind us to meet Broome. West-Oak did a good job. They matched up well against us and we tried to countered a little bit.
“I think it worked out. We did what we thought we needed to do.”
McClam’s pin of West-Oak’s Kerry Busher, which came 45 seconds in, ended a five-match losing streak for the Wildcats.
It was the first of four straight winning decision for Ninety Six, three by pins, to turn the score from a 14-point deficit to a 27-26 Wildcat lead. Michael Rounds (140) and Chris Curreri (152) provided pins, while Shaun Richards earned a 2-0 victory over the Warriors’ Tyler Langston at 145.
Richards and Langston went into the third period with a 0-all tie. The Ninety Six wrestler earned two points with 1:17 left in the match.
West-Oak’s Will Certain ended the Wildcats’ run with a pin of Adam Quarles in 1:11 at 160 to regain a 32-27 lead for the Warriors.
But with a forfeit at 189 looming one match ahead, it was up to Tyler Neal to lock up the win for Ninety Six. Neal was in total control of his 171 match with Neal Bolling, amassing a 13-1 lead early in the third period.
But the Wildcats needed the six points a pin would provide to end West-Oak’s hope of an upset. Neal got that pin with 1:28 left in the match, giving Ninety Six a 33-32 lead.
“The Neal kid is pretty good,” West-Oak coach Jeff Jordan said. “We knew when we were down 13-0 in the match that we’d have to try something big. I told my kid to try it, if he hits it good, if not we didn’t lose anything. He did exactly what he was told to do. We just got caught in a tough situation. It was a huge match.”
Eric Abney’s forfeit win put the game out of reach, at 39-32. Ninety Six’s Bates Nunamaker followed with a pin of Ben Blackwell in 1:40 at 215 to add the icing to the victory.
Ninety Six’s Brent Werts opened the playoffs with a quick 59-second pin on West-Oak’s Bradford Smith in the heavyweight to put the Wildcats up 6-0.
But that was followed by a string of five straight West-Oak wins.

Emerald wrestlers fall to Abbeville

February 4, 2007

By RENALDO STOVER
Index-Journal sports writer

ABBEVILLE — Although it was just the first round, the Abbeville Panthers accomplished a major feat Saturday at Abbeville High School.
Abbeville, the No. 8 seed in the Class AA playoffs, took care of business in its match against the No. 9 seed Emerald Vikings, 47-30.
The win marks the first postseason victory for the Panthers’ wrestling team in school history.
Panthers coach Anthony Martin had mentioned how far the Panthers’ wrestling program has come in just three short years. The program took another step against the Vikings.
“We’ve wrestled them (Emerald) before, so we knew what to expect,” Martin said. “My young guys are beating their young guys, so that’s good.”
Martin, who said he was pleased with his team’s performance, added that Evan Carroll (125 pound weight class), Adam Oaks (130), Andrew Tillman (135) and Jonathan Patterson (160) wrestled very well in the win.
The Panthers (14-10) raced out to an 18-0 lead following Carroll’s pin against Cody Ritenour at 125.
The Vikings (11-18) watched the lead grow to 26-0 following back-to-back wins in favor of the Panthers, beginning with Adam Oaks’ technical decision against Skylar Johnson. Oaks led 8-0 after the first period and the outcome was never in doubt.
Tillman’s win over Maverick Harris at 135 went down to the final seconds of the third period before it was decided.
Tillman held a slim 8-6 lead following the first period. Harris struggled to score points in the second period and trailed 12-8 heading into the final period. Harris came out strong in the final period, closing the gap to 13-12 with less than one minute remaining, but Tillman picked up two late points and held on for a 15-13 win.
The Vikings were finally able to get on the scoreboard thanks to a 30-second, first-period pin by Justin Williams at 140.
Teammate Zane Newton followed with a pin late in the third period of his match against Justin Clinkscales to help the Vikings cut the lead to 26-12.
The Panthers’ Shaylor Wells should be well rested for Monday’s match after the Vikings forfeited the 171-pound match, giving them a 41-12 lead.
Adam Newton improved to 42-0 at 215 for the Vikings thanks to a first-period pin against Bryan Glace, but it wasn’t enough to extend the Vikings’ season.
“We’re still recovering, trying to come back from injuries,” Vikings coach Andy Wright said. “Now we’ve just got to get ready for individuals.”
The Panthers travel to Walhalla to face the Razorbacks on Monday night.

Opinion

‘Visitor’ to local school reminder to be cautious

February 4, 2007

Public school officials and teachers have enough problems to handle without having to face orchestrated hormonal conflicts. Nevertheless, they have them once in a while. Apparently there was one at Emerald High School the other day.
Police officers will tell you that copycat criminals can crop up at any time. So, then, when a woman recently trespassed at Emerald High it should have been a reminder to all that we can never be too careful ..... not to mention not taking some things for granted.
As it happened, a “visitor” to the school signed in under false pretenses and was given a pass to allow her to be there.

IT WAS LEARNED LATER, though, that she was there to harass a student over a boy the woman was interested in. At least, several students asked if the student being harassed was romantically interested in a male student involved with the woman that was issued a trespassing notice.
School officials almost anywhere in South Carolina know that some of the worst fights between female students are over amorous relationships that are complicated by somebody showing interest in somebody else’s boyfriend ..... or vice versa.
It’s more common than some people might think, too. These days, though, such conflicts can become violent very quickly ..... and too often do.

THERE HAVE BEEN TWO incidents in other places in recent days when groups of young females beat and kicked another young female. They were caught on video tape, too, so no one can deny they occurred.
So, then, back to the copycats. Such girl-boy-girl incidents sometimes have a provocative effect on other individuals. If they are involved in a similar situation it’s not all that far from playing follow the leader ..... and violence repeats itself.
As far as we know, the Emerald High incident was contained without violence. Still, in a society where such conflicts have almost become the dime-a-dozen variety, there should be no room for error. If it ain’t broke, they say, don’t fix it. The other side of that is, if there’s a chance it can be broken, make sure it isn’t. Fix it before it happens.