No death for Rita

Supreme Court upholds no capital punishment decision for Bixby’s mom

April 10, 2007

By MIKE ROSIER
Index-Journal staff writer

The South Carolina State Supreme Court has issued its opinion: Rita Bixby will not face the death penalty.
According to the court — rendered via a 4-1 opinion filed Monday — Bixby is not eligible for the death penalty for her alleged role in events leading to the deaths of two Abbeville County law enforcement officers — Sgt. Danny Wilson and constable Donnie Ouzts — on Dec. 8, 2003.
She is the mother of convicted double-murderer Steven Vernon Bixby, and is charged with felony criminal conspiracy and two counts of accessory before the fact of murder.
Following a prior hearing, the death penalty notice of intent filed by the Eighth Judicial Circuit Solicitor’s Office was quashed by 10th Judicial Circuit Court Judge Alexander S. Macaulay, who ruled a person not charged with murder could not be eligible for the death penalty under state law.
The question was this: Could a person charged with accessory before the fact to murder in fact be eligible for the death penalty in South Carolina?
The state filed an appeal following the initial decision by Macaulay, but the high court side with the circuit judge’s ruling, stating:
“Although state statute 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 state statute 16-3-20 to have such an accessory be subject to the most severe punishment of death ... the trial judge 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.”
Macaulay’s ruling was affirmed by a clear majority of the Supreme Court in Justice James E. Moore, Justice John H. Waller, Jr., Justice E.C. Burnett III and Justice Costa M. Pleicones.
The lone dissent came from Chief Justice Jean Toal, who said:
“In my opinion, the charge of accessory before the fact to murder implicates the death penalty under South Carolina law. ... In my view, a conviction of accessory before the fact to murder is regarded by law as a conviction for murder and therefore state statute 16-3-20 applies.”
Eighth Judicial Circuit Solicitor Jerry W. Peace said his office — though disappointed with the decision — will press on with the case.
Monday’s ruling clears the way for a trial date to be set for Rita Bixby.
“We didn’t have any law in South Carolina that said one way or the other,” Peace said. “It’s a disappointment, but at least now we have some guidance. The issue of whether you could seek the death penalty for accessory before the fact of murder had not been dealt with by the courts.”
Peace said once he and deputy solicitors John Anthony and Andrew Hodges have digested the opinion, they will decide on a course of action.
“We’re in court right now so I’ll have to sit down with (Deputy Solicitor John Anthony and Deputy Solicitor Andrew Hodges) and review the opinion and discuss our options,” Peace said. “After we get together and go over the opinion we’ll decide the best way to proceed.”
Other questions remain that will be decided in the upcoming months regarding a potential venue for Bixby’s trial, and whether Macaulay will preside over that trial.
Rita Bixby’s defense attorneys — Jeff Bloom of Columbia and Joseph Smithdeal of Greenwood — could not be reached for comment Monday evening concerning the Supreme Court’s ruling.

Obituaries

Gene Albea

WINDER, Ga. — Gene Albea, 79, of Winder, husband of Johnnie Verleen Stowe Albea, died April 8, 2007.
Born in Greenwood County, S.C., he was a son of the late Melvin Anderson Albea and Elsie Lucille (Lindsay) Albea. He was a member of Winder First Baptist Church, a World War II Army veteran and retired from Walton Clothes.
Survivors include his wife of Winder; a son and daughter-in-law, Doyle and Donna Albea of Jefferson, Ga.; a daughter and son-in-law, Jeanne and Jimmy Purvis of Greenwood, S.C.; grandsons, Andy and Christina Albea of Jefferson, Ga., Michael Albea of Japan and James Purvis of Greenwood, S.C.; great-grandchildren, Alex and Chloe Albea of Jefferson, Ga.
Services are 2 p.m. Tuesday, April 10, at Smith Funeral Home Memory Chapel. The Rev. Donnie Pennington will officiate. Interment will be in Barrow Memorial Gardens.
Memorials may be made to First Baptist Church, Building Fund, 625 Jefferson Highway, Winder, GA 30680.

John Baker Sr.

SUMMERVILLE — John Randall Baker, Sr., 77, of Summerville, SC, husband of Sue Baker, died Saturday, April 7, 2007.
Funeral services will be held at Bethany United Methodist Church, Summerville, SC, Tuesday afternoon, April 10, 2007, at 2 p.m. A burial service will be held graveside at Peachtree Memorial Park Cemetery, Norcross, (Atlanta) GA on Thursday afternoon, April 12, 2007, at 2 p.m. Visitation was at Parks Funeral Home, Summerville, SC, Monday evening. In lieu of flowers, memorial contributions may be made to the Citadel Brigadier Foundation, 171 Moultrie St., Charleston, SC 29406 or Bethany United Methodist Church - Spell Chapel, 118 West 3rd South St., Summerville, SC 29483.
Mr. Baker was born Aug. 11, 1929 in Anderson, SC, the second son of James Marion Baker, Jr. and Elizabeth Anne Randall Baker. After graduating from Greenwood (SC) High School in 1946, he attended The Citadel. He served in the Summerall Guard, graduating with the class of 1950 with a Bachelor of Science in Commerce. He was commissioned in the U.S. Army as a second lieutenant, where he was a forward observer and in command of an artillery company in occupied Germany. After discharge from the service of his country in 1955, Mr. Baker began his 36-year career with United States Gypsum Corporation (USG). He held a number of sales and key management positions until he was named the President, Chief Operating Officer, and a director of L&W Drywall Supply Company, now a $2 billion wholly owned subsidiary of USG.
After retiring from USG in 1991, Mr. Baker was actively involved in volunteer work with The Citadel.
He served as the President of the Alumni Association and the Brigadier Foundation and as an ex-officio member of the Board of Visitors. A life member of the Alumni Association and a member of The Summerall Society, for his charitable giving to The Citadel, Mr. Baker founded and organized the Summerville Citadel Club in 1992. He participated in the Citadel Volunteer Program and the Fourth Class Sponsorship Program. He was active in athletic fundraising, traveling often with the teams to away games, and was a member of the Southern Conference Baseball Committee. He was most comfortable at a Citadel game with family and friends. Mr. Baker was awarded the Distinguished Life Member Award in 2006.
Mr. Baker was an active member of Bethany United Methodist Church, where he served as an usher and on a number of administrative committees.
He is survived by his wife, Sue Baker of Summerville; his two sons, John Randall Baker, Jr. of Yardley, PA, and James Reed Baker of Norcross, GA; six grandchildren; and nephews Randall L. Baker of Charlotte, NC, and James M. Baker of Irmo, SC. Mr. Baker was predeceased by his brother James Marion Baker, III, formerly of Greenwood, SC.
Arrangements are by Parks Funeral Home, Inc., 130 West 1st North Street, Summerville, SC 29483.

Matthew Baldwin Sr.

McCORMICK — Matthew Baldwin Sr., of 4950 Governors Drive, Apt. 1318, Forest Park, Ga., died Saturday, April 7, 2007, at Southern Regional Hospital in Riverdale, Ga.
Services will be announced by Walker Funeral Home.

Leonard Cooper

WARE SHOALS — James Leonard Cooper, 85, widower of Margaret Cothran Cooper, died April 9, 2007 at Self Regional Medical Center. He was born in Laurens County, a son of the late Samuel Harold and Elsie Burton Cooper.
Mr. Cooper was retired from Huggins Garment Co. and served in the U.S. Army, WWII in the European Theatre. He was a member of Union Baptist Church.
Surviving are one son, Brent Cooper, Ware Shoals; one daughter, Lugenia C. Cassell, Hodges, S.C.; three brothers, Gerald Cooper, Greenville, Lamar Cooper, Lumberton, N.C., Erskine Cooper, Chandler, Ind.; one sister, Velma C. Burton, Ware Shoals; five grandchildren; and eight great-grandchildren.
Funeral services will be conducted Thursday at Union Baptist Church at 11 a.m., with Rev. Chris Garrison and Rev. Dr. Glenn Mosteller officiating. Burial will follow in Greenwood Memorial Gardens.
Active pallbearers will be Donnie Pitts, Stanley Cothran, Danny Culbertson, Darryl Cooper, Tommy Estes, Hal Culbertson and Roger Culbertson.
Members of the Ready Sunday School Class will sit as honorary escort.
The body will be placed in the church at 10 a.m. Thursday.
The family is at the home and will receive friends Wednesday, 6-8 p.m. at Parker-White Funeral Home.

Mary E. Harper

McCORMICK — Mary E. Harper, formerly of 204 Poplar Street in Abbeville, widow of Archie Harper, died April 9, 2007 at the Savannah Heights Living Center in McCormick. Born in Lincolnton, GA, she was a daughter of the late Thomas and Georgia Martin Wells. She was a member of Holy Springs Baptist Church, where she was a former choir member.
Survivors include two sons, James A. Harper of Columbia, SC, and Robert L. Harper of Abbeville; one daughter, Georgia H. (George) Yeldell of McCormick; and five grandchildren. The family is at the home of her daughter, Georgia H. Yeldell, 403 Cedar Hill Road, McCormick. Services will be announced by Robinson & Son Mortuary, Inc. Online condolences may be sent to robson@nctv.com.

Ethel Lockaby

Ethel Vaughn Lockaby, 97, of 3812 Callison Highway, widow of C.C. Lockaby, died Sunday, April 8, 2007, at JF Hawkins Nursing Home, Newberry.
Born in Greenville, she was a daughter of the late Edward L. and Lily Ester Shephard Vaughn. She was a long time caterer, specializing in wedding cakes and was the former owner of Ethel’s Tea Room in Ninety Six. She was of the Methodist faith.
She was preceded in death by two daughters, Lily Louise Lockaby and Jean Hawthorne. She was the last surviving member of her immediate family.
Surviving is a son, Charles E. Lockaby and his wife, Audrey Willingham Lockaby, of Greenwood; four grandchildren, Donna and Henry McGee of Charleston, Libby and David Joseph and Beau Lockaby, all of Greenwood, Danny Rauton of Georgia; five great-grandchildren, Corina Tart, Alayna Joseph, Charles V. Lockaby, Andrew Joseph and Brooke Rauton; and two great-great-grandchildren, Madison Munn and Hunter Tart.
Services will be at 2 p.m. Wednesday at the Harley Funeral Home Chapel, with the Rev. Chris Lollis and the Rev. Karen Radcliffe officiating. Burial will be in Greenwood Memorial Gardens.
Pallbearers will be James Redman, Mike Snow, Seth Snow, Dale Carwile, Beau Lockaby and Danny Rauton.
Honorary escort will be Dr. Mark Bartz, Dr. S.C. Soni, Dr. Bret Warner, Benjamin Hawthorne, Marcus Hawthorne and Dayne Rauton, Sr.
The family will receive friends at the funeral home on Tuesday from 6 to 8 p.m.
The family is at the home of Charles and Audrey Lockaby, 3812 Callison Highway.
The family request charitable contributions be made to Hospice Care of Tri-County, 13795 C.R. Koon Highway, Newberry, SC 29108.
Online condolences may be sent to the family by visiting www.harleyfuneralhome.com.

Kelsey Brendel Middleton

MOUNT CARMEL — Mr. Kelsey Brendel Middleton, age 27, of 124 Ike Road, died April 6, 2007 on Hattie Branch Road from a drowning accident. He was born in Abbeville County and was the son of Belinda Middleton and William Richardson. He was a 1997 graduate of McCormick High School and a member of Spring Grove Baptist Church and the Sons of Aide No. 30. He was an employee of Carolina Pride in Greenwood.
Surviving are his mother of the home; father of Augusta, GA; maternal grandparents Ike and Gennie Middleton of Mt. Carmel; sisters Darlene Richardson of North Carolina, Shavonne Wakefield of Mt. Carmel and Recolliar Middleton of the home.
Service will be Wednesday, April 11, 2007, at 3 p.m. at Spring Grove Baptist Church, with Rev. Roy Andrews officiating. Burial will be in the church cemetery.
The family is at the home of his grandparents, 142 Ike Road. Brown and Walker Funeral Home is in charge of arrangements.

Lillian Moore

Lillian Nelson Moore, 92, of 83 Third Street, widow of Arthur Odell Moore, died Sunday, April 8, 2007, at Hospice House.
She was a daughter of the late William Oscar and Annie Bell Williams Nelson. She was retired from Abney Mills, was a member of the Panola Mother’s Club and South Greenwood Assembly of God.
She was preceded in death by two brothers, Floyd Earl Nelson and Charles Edward Nelson.
Surviving are a daughter, Wilma Moore Batson of Greenwood; a son, Howard A. Moore of Goose Creek; three grandchildren; and six great-grandchildren.
Graveside services will be at 11 a.m. Wednesday at Greenwood Memorial Gardens, with the Rev. Danny Lewis officiating.
The family will receive friends at Harley Funeral Home on Wednesday from 9 to 10:30 a.m.
Memorials may be made to Hospice House, HospiceCare of the Piedmont, 408 W. Alexander Avenue, Greenwood, SC 29646 or to South Greenwood Assembly of God, 280 Galilee Road, Greenwood, SC 29646.
Online condolences may be sent to the family by visiting www.harleyfuneralhome.com.

CORRECTION

For the obituary of Larry W. James in Monday’s paper, there was an omission from the information given to The Index-Journal. Visitation is 2:30-3:30 p.m. today at Parker-White Funeral Home.

Opinion

Harold McCord showed how 'living' ought to be

April 10, 2007

Harold McCord of Greenwood died last week at age 85. There probably are some who wonder what he did to deserve remembering. A quick read of his obituary doesn't show anything in particular that would warrant any kind of extraordinary recognition ..... except for one thing. Being Harold McCord said it all. He was born in Greenwood County and graduated from Greenwood High School and the University of South Carolina. He served in the U. S. Navy in World War II. He retired from Southern Brick Co. and was an active American Legionnaire. He was a deacon at First Presbyterian Church and was a volunteer for Meals on Wheels and the Soup Kitchen.
All of these things are commendable, of course. But, you say, there are many people who do those things. So why was Harold McCord special?

PEOPLE WHO KNEW HIM KNOW, too, that isn't a difficult question to answer. Those who never ran across him missed something that was indeed special. In fact, it's something that's missing more and more in today's world, something that too many of us have lost along the way.
It's often been said that in recent times the innocence that defined our culture and the way we lived has been lost. A kind of coarseness has settled in and pretty much shattered the future of many young Americans. Then there was Harold McCord.
He was the epitome of the goodness, the morality, and the virtue - the essence of character - that separates the sublime from the mundane. That exceptional character made Harold McCord worthy of the things that really count in our lives.

THERE IS ONE THING, THOUGH, that could never be missed, even by those who didn't know this remarkable human being ..... and it came through in every way. Harold McCord was one of the most gentle souls that ever graced our presence. He was the "gentle" in gentleman.
We are the fortunate ones. He was the best role model any of us could ever hope to have. In a world where such qualities are being trampled by so much that is negative, people like Harold McCord, the kind who make a difference, are too few and far between. Kind, soft-spoken, caring, considerate, loving ..... the list goes on. Harold lost his beloved wife, Mary, several years ago. Shed no tears for him, though. Mary was, no doubt, there to welcome him "home." Surely he's smiling. A gentle soul? There was none gentler.