Bar ordered to pay $10 million

Drunken driver had been drinking at establishment prior to wreck

February 10, 2007

By ST. CLAIRE DONAGHY
Index-Journal staff writer

It’s been a “really tough three-and-a-half years,” for the Hartfield family, according to Haskell “Hank” Hartfield, father of Jon-Erik Hartfield, who was seriously disabled in a wreck with a drunken driver near Greenwood High School.
Earlier this week, the Hartfield family and their attorneys won a lawsuit against a bar where the drunken driver, Hoyt Helton, 54, was drinking on July 11, 2003.
In the wreck, Helton was thrown from the vehicle he was driving and died at the scene.
A Greenwood jury awarded a total of $10 million to the Hartfields Thursday, finding a local bar, The Get-Away Grill & Lounge, responsible for serving drinks to Helton.
The Hartfields were represented by Greenwood’s Jon E. Newlon, of The McCravy and Newlon Law Firm P.A.
“An appropriate verdict was given in this case,” Newlon said. “The trauma and hardship experienced by the Hartfields is not over.”
Greenwood attorney Rauch Wise represented The Get-Away, saying he does “plan to appeal the verdict.”
Wise said The Get-Away was one of several establishments Helton visited that July night and it was not the last place he had a drink.
“Under South Carolina law, bars are liable only if they sell alcohol to someone they know is intoxicated,” Wise said. “I contend that was not proven in this case. No one testified that Helton was so intoxicated that someone would notice it.”
Civil suits were filed against Williams Package, South Pointe Pub and Carolina Lounge, as well as The Get-Away. But the court dismissed cases against Williams Package and South Pointe Pub.
The jury was “undecided” as to liability regarding Carolina Lounge, according to McCormick attorney W. Greg Seigler who represented Carolina Lounge.
“Carolina Lounge was not included in the $10 million settlement,” Seigler said.
However, Newlon said “that case will go back to trial,” since it ended with a hung jury.
Haskell Hartfield said he and members of his family were present in the courtroom Thursday when the verdict was reached.
“When it was announced, I was just numb,” Haskell said. “If this wreck had not happened,” Jon-Erik would be a senior at the University of South Carolina right now. His life has been altered forever. He wants to get his memory back, and to be able to walk without a walker and have his life back.
“No amount of money will do that for Jon-Erik.”
Jon-Erik, an Emerald High graduate, was 18 at the time of the wreck.
He spent nearly a year in the hospital and several months in rehab.
“Jon-Erik has had to relearn how to speak and to walk,” Newlon said. “He’s lost some of his motor skills, and his short-term memory has been seriously affected. He will never be able to function on his own.”
Newlon said Jon-Erik suffered a catastrophic brain injury in the wreck that “requires lifetime care.”
Newlon said the jury’s verdict “sends a message to bars that they had better serve alcohol in a responsible manner,” adding that the $10 million amount is one of the largest verdicts awarded in Greenwood County.
A press release from McCravy and Newlon said The Get-Away “served alcohol to an intoxicated man who crossed the center line and struck head-on” the vehicle in which Hartfield was a passenger.
According to the press release, Helton’s blood alcohol content was 0.212 – almost three times the legal limit of 0.08.
However, it might be difficult for the Hartfields to get any of the $10 million, because The Get-Away, a private club, is set up as a nonprofit corporation, which could make it difficult to collect from the club’s owners.
“The South Carolina Legislature passed a law that says private clubs, open only to members, can sell alcohol to those members on Sundays, if the clubs establish charters making them not-for-profit corporations, and The Get-Away has done that,” Wise said, adding that The Get-Away was registered as nonprofit in 1992. “Otherwise, the establishment has to be located in a town that has passed an ordinance allowing Sunday alcohol sales.”
Assets of most bars are not that extensive, Wise said, adding that large monetary awards such as the one in this case can put tremendous financial strain on businesses.
“This case illustrates the need for a requirement in South Carolina for businesses with beer and wine and liquor permits to have liability insurance known as ‘dram shop insurance,’” Wise said. “There’s no question that this type of insurance would be a good thing.”

Remembering the fallen

Memories of standoff victims strong

February 10, 2007

By MIKE ROSIER
Index-Journal staff writer

ABBEVILLE — As a constable, Donnie Ouzts got the jobs most people didn’t want.
He delivered undesirable items such as eviction notices and results from civil court proceedings for the Abbeville County Magistrate’s Office.
Ouzts performed these duties to the utmost of his capabilities, often with a soft, kind manner that served to soften the bad news.
Sgt. Danny Wilson was a proud family man, an individual who carried himself at all times with responsibility and class.
Being a sheriff’s deputy meant the world to him.
A member of the National Guard, he thought often of service overseas, where he looked to a possible deployment with his unit in Iraq.
There is a memorial that now bears their names.
Each visitor to the Abbeville Law Enforcement Center must pass by it to even enter the building. It’s there because Ouzts and Wilson died in the pursuit of their duties.
“Those two officers gave the ultimate sacrifice to make sure that the living conditions for citizens of Abbeville county are better,” Abbeville County Sheriff Charles Goodwin said. “The pride that we have in them will never go away.”
Goodwin understands why it has taken so long for the trial of the man accused of murder in connection with their deaths — Steven Bixby, of Abbeville — to reach a courtroom.
But just because he understands doesn’t mean he’s not ready for the trial. The family and community need the closure.
“I understand the judicial process and the caseloads for the dockets in Abbeville County and the Eighth Circuit,” Goodwin said. “I know the procedures that have to take place before a trial like this can be put into progress. The families, the community and agencies involved in this would like to see some closure to this case.”
A picture of Sgt. Danny Wilson sits on his desk.
It greets him each and every morning.
“There’s not a day that goes by that I don’t think about them,” Goodwin said. “On my desk, I have a picture of (Wilson). That’s the first thing I see when I get to work. Not a day goes by that I don’t think about both of those men.”
Abbeville County Chief Magistrate Tommy Ferguson knew Donnie Ouzts better than the average Abbeville resident.
“(Ouzts) was a good, decent man that went about his duty wholeheartedly,” Ferguson said. “He had to serve people at the worst times of their lives, but he had a soft demeanor. He did a great job and was always there early at work.”
Those early moments the two men shared on the job, the ones Ferguson usually spent alone with Ouzts before anyone else arrived, are the moments he’ll remember.
“We always got here before everyone else,” Ferguson said. “We had that little time together to talk about what we had to do that day. Those are the times that I’ll really cherish.”
Ferguson says the community will soldier on during the upcoming trial, the same way it did more than three years ago.
“(The trial) will give us a sense of closure in this matter,” Ferguson added. “That event brought the whole community together. We saw a sense of love, passion and unity in the entire community that I had never seen before. I think the whole community realizes it’s something that we just have to go through together. I think they’ll pull together.”
Ouzts was known to brighten rooms he entered.
Together, he and Wilson brightened lives.
“Donnie would brighten up any room he walked into,” Ferguson said. “He was a lot of fun to be around. He could be the butt of a joke or be the joker and just laugh right along with everyone. I don’t think either one of those men will ever be forgotten around here.”

A Flashy victory

Calhoun Falls girls win Region I-A title

February 10, 2007

By RON COX
Index-Journal sports editor

CLINTON — The Calhoun Falls High School girls basketball team made rival Ware Shoals have to wait yet another year for that elusive Region I-A championship.
Instead, the Lady Blue Flashes earned their second region title — and its No. 1 seed in the upcoming Class A playoffs — behind a 49-31 victory over the Lady Hornets Friday night in a tiebreaker game at Thornwell High School in Clinton.
The Lady Flashes (13-4 overall, 10-1 Region I-A) now await the fourth-place team from Region II-A Tuesday night at Calhoun Falls.
“It definitely means a lot. They worked hard all year for this,” Calhoun Falls coach Risha Bomar said. “We let one slip against them at Ware Shoals, and we just wanted to come back and prove that we were the better team.”
The Lady Hornets (11-4, 9-2) finished second and will host Region II-A’s third-place team Tuesday.
Ware Shoals never held a lead against the Lady Flashes, but the team put itself in position to earn its first region championship in more than seven years. The Lady Hornets trailed by just four at the half. However, the Lady Flashes, led by sophomore guard Brittany Obot and their aggressive full-court press, went on an 11-0 run to open the second half and maintained a double-digit lead the rest of the way.
“They have a lot of speed and we didn’t do our best at trying to stop them,” Ware Shoals coach Kem Owens said. “They got a lot of layups off their press. The girls played hard though. It will take them a little while to get over this. They’ll have to reach within themselves to get back.”
Obot scored five of her game-high 17 points during a third quarter that saw the Lady Flashes hold Ware Shoals without a field goal. Teammate Cherelle Bridges added four of her 10 points in the quarter, which Calhoun Falls outscored the Lady Hornets 19-6.
“In the second half, we picked it up a little more on defense,” Bomar said. “At halftime, I talked to my girls and told them I didn’t think we were bringing our best game to the court. I always tell them to go hard or go home. And that’s what we did.”
The Lady Hornets got their first field goal of the second half when Natalie Batson, who entered briefly for an injured Nikki Brownlee, dropped in a putback with 5 minutes, 28 seconds remaining in the game.
Batson’s bucket started a 5-0 Ware Shoals run, which cut its deficit to 16, at 41-25.
But the Lady Flashes responded with a 6-0 run of their own, capped by a putback on a free throw miss from Bridges to give Calhoun Falls its largest lead, 47-25, with 1:55 to play.

GHS playoff bound

Lady Eagles win region

February 10, 2007

By RENALDO STOVER
Index-Journal sports writer

The Lady Eagles not only celebrated senior night following Friday night’s 39-35 win over the Lady Raiders.
They also celebrated their Region I-AAAA championship in the Greenwood High School gym.
Senior Jacena Thompson led the Lady Eagles with 14 points in the close win.
“Our girls worked hard and they’re region champs,” Lady Eagles coach Susan Thompson said. “I’m so proud of all of them. We’re just looking forward to starting the playoffs on Tuesday.”
Thompson said the Lady Eagles (15-4 overall, 8-2 region) will likely face Byrnes in the opening round Tuesday.
Thompson’s lay-in with 2 minutes, 58 seconds remaining in the third quarter pushed the Lady Eagles’ lead to 27-22. It was the first field goal of the quarter for both teams, as they struggled to find the basket for most of the quarter.
Ali Langford answered by converting a 3-point play at the 2:24 mark, prompting a timeout by the Lady Eagles.
Langford and Jelain McArthur led the Lady Raiders (11-12, 2-8) with eight points each.
The Lady Raiders finally tied the game (27-27), thanks to a basket by McArthur with 1:55 remaining in the third quarter.
Thompson answered with a short jumper, and on the next possession she took a pass from Vijya Corbett to push the Lady Eagles lead to 31-27 with 57 seconds remaining in the third quarter.
The Lady Eagles led 34-29 in the fourth quarter following a 3-pointer by Corbett with 7:53 remaining in the game.
Kyesha Middleton scored five straight points for the Lady Eagles, who led 39-33, following her lay-in off a steal with 2:25 remaining.
The Lady Eagles held the Lady Raiders to two points from that point, on their way to the victory.
“Greenwood’s got a good team, they’re the region champs,” Lady Raiders coach Travis Langford said. “We knew playing them in their gym wasn’t going to be easy. Both teams played hard and I thought we gave a good effort, but we just came out on the short end tonight.”
The Lady Eagles jumped out to an 11-5 lead with 3:47 remaining in the first quarter following a shot by Thompson.
Following a shot by the Lady Raiders, Corbett was fouled on the way to the basket. Her two free-throws, followed by free throws by Syteria Robinson, pushed the Lady Eagles lead to 15-7 with 2:01 remaining in the opening quarter.
The Lady Eagles led 19-7 at the start of the second quarter until Thompson’s power move inside gave the Lady Eagles a 21-12 lead.
The Lady Raiders scored their first basket of the second quarter when Jalessa Burnside got behind the Lady Eagles defense, cutting their lead to 23-14 at the 5:17 mark.
With 1:17 remaining in the first half, Robinson’s 3-pointer was waved off by a foul against the Lady Eagles. The shot would have given the Lady Eagles a 10-point lead (28-18).
Instead, they led 25-18 with until Leah Moore’s 3-pointer at the buzzer cut the Lady Eagles lead to four points (25-21) at the end of the first half.

Eagles fly away with win over Laurens

February 10, 2007

By RENALDO STOVER
Index-Journal sports writer

Freshman Demarcus Harrison was unstoppable on senior night, finishing with 24 points in the Eagles’ 82-52 win over Laurens Friday at Greenwood High School.
Harrison did most of his damage in the first half, finishing with 18 points at the break.
Dexter Syrkett scored 19 points, while Rameen Scott and Andre Day, the Eagles’ senior floor general, finished with 10 points each in the win.
Based on the outcome of the Wren-Easley game, the Eagles (14-9 overall, 6-4 region) might have a home playoff game on Wednesday by virtue of a possible second-place region finish.
“We wanted to finish strong on senior night, a big night. We’re trying to win the state championship. We’re just trying to play hard and keep working,” Day said. “We’re young and I feel like as a senior I can feed the guys and keep the chemistry going when we’re on the court. They’re (underclassmen) going to be great in a couple of years. I’m just trying to be a leader.”
Quentin Baines and Craig Skinner led the Raiders (10-14, 1-9) with 20 and 14 points, respectively, but combined for only 11 second-half points.
The Raiders trailed by nine points (38-29) at halftime, before the Eagles outscored them 22-11 in the third quarter.
Harrison’s 3-pointer with 4 minutes, 54 seconds remaining in the quarter gave the Eagles a 48-32 lead.
Day pushed the lead to 62-40 with 7:31 remaining in the final quarter as the Eagles continued to pick up momentum in one of their best performances of the season.
The game was officially over at the 5:45 mark when Scott went upstairs for a huge jam that gave the Eagles a commanding 69-45 lead.
“I was just trying to score two points for my team,” Scott said. “We’re trying to get a ring too.”
The Eagles tied the game 2-2 on a floater by Harrison with 7:11 remaining in the opening quarter.
The Raiders took a 10-4 lead following back-to-back reverse lay-ups by Skinner.
Harrison continued to go directly into the heart of the Raiders’ defense when he cut their lead to 10-8 at the 4:31 mark.
D.J. Swearinger gave the Eagles an 11-10 lead, thanks to a 3-pointer just seconds after checking into the game.
With 2:59 remaining in the quarter, Harrison connected from behind the arc keeping the Eagles in front 14-12).
The Raiders called a timeout following the shot.
The Eagles closed the quarter with a 9-2 run and led 23-14 heading into the second quarter.
Harrison was a major force for the Eagles in the quarter, individually matching the Raiders offensively with 14 first-quarter points.
“I came out and I focused on my shots. I was just relaxed and let the game come to me tonight,” Harrison said. “I’m just trying to play hard and do my best so I can make it out of here hopefully.”
The Eagles called timeout in the second quarter after watching their lead shrink to 33-27, following a shot by the Raiders’ Jalair Leaman with 1:58 remaining in the first half.
Day came out of the timeout and found Dexter Syrkett in the paint for an easy two points.
Day pushed the lead to 38-29 at the half, thanks to a second-chance basket at the buzzer.
“I think we’ve started to come together in the second half of the season. The kids are starting to understand their roles a little more and the chemistry seems to be better,” Eagles coach Hob Chandler said. “I think the kids really wanted this tonight.”

Obituaries

Frank Devette

ABBEVILLE — Mr. Frank Devette, age 87, of 201 Thomas Lane, widower of Josephine Baker Devette, died Feb. 7, 2007 at Hospice Care of the Piedmont. He was born in McCormick County and was the son of the late Verge and Janie Cummings Devette. He was a retired employee of the City of Abbeville and a member of the House of Prayer for All People.
Surviving are daughters Johnnie Mae Devette of the home, Clarice Bolden and Valeria Sherard, both of Abbeville; sons Willie F. Devette and Clarence Baker, both of Abbeville; a nephew reared in the home, Sgt. Howard (Jan) Owens of the Promised Land Community; fifteen grandchildren; and eight great-grandchildren.
Services will be Sunday, Feb. 11, 2007 at 2 p.m. at the House of Prayer for All People, with Elder Mitchell Dillard and Elder Russell Wideman officiating. Burial will be in Long Cane A.M.E. Church Cemetery.
The family is at the home of a daughter Valeria Sherard, 300 Branch Street. Brown and Walker Funeral Home is in charge of arrangements.

John W. Harris

McCORMICK — John W. Harris, 83, husband of Mary Henderson Harris, died Thursday, Feb. 8, 2007, at Anne Maria Nursing and Rehab Facility in North Augusta.
The family is at the home of a brother, James Patterson, in Parksville.
Services will be announced by Walker Funeral Home.

Mary Ethel Bridges Jones

TRAVELERS REST — Mary Ethel “Jackie” Bridges Jones, 92, formerly of Travelers Rest, wife of the late Medus “Pete” Ballard Jones, passed away Thursday evening, Feb. 8, 2007 at Oakmont West Nursing Center.
Born in Greenville County, she was a daughter of the late Luther Ernest and Estelle Pritchett Bridges. Mrs. Jones was retired from J.P. Stevens Slater Plant and was a member of Clearview Baptist Church, where she was a member of the Mission Minded Sunday School Class and was active in the Senior Action Program.
Surviving are 2 sons, Marshall Jones and wife, Jane of Greenwood, SC, and Jim Jones and wife, Nancy of Travelers Rest; a daughter, Linda Higgins and husband, Gary of Travelers Rest; 4 brothers, William Bridges, Charles P. Bridges, Adolph Bridges and Marvin Bridges; 3 sisters, Lucille Henderson, Jeanette Linderman and Dorothy Sprouse; 10 grandchildren, Cindy Jenkins, Mary Leaphart, Katie McCarty, Mike Jones, Gina Lindsey, Charmon Hawkins, April Lewis, Tony Daniel, Kenny Higgins, Kim Clark; 17 great-grandchildren; and 8 great-great-grandchildren.
She was predeceased by 2 sisters, Ruth Darby and Cecil Tucker.
Funeral services will be held at 11 Monday morning at Clearview Baptist Church, with burial to follow at Grand View Memorial Gardens.
The family will receive friends from 6 until 8 Sunday evening at The Howze Mortuary and then again from 10 until 11 Monday, prior to the service, at Clearview Baptist Church.
Memorials may be made to Clearview Baptist Church Building Fund, P.O. Box 974, Travelers Rest, SC 29690 and Heartland Hospice Services, 421 S.E. Main Street, Simpsonville, SC 29681.
The family will be at respective homes.
The Howze Mortuary, Travelers Rest is in charge of arrangements.

Doris Sharpe

Doris Witt Sharpe, 81, of 705 Sidney Drive, widow of Horace Paul Sharpe, died Thursday, Feb. 8, 2007 at her home.
Born in Saluda County, she was a daughter of the late Thomas and Cora Edwards Witt. She was a homemaker and seamstress and was a member of South Main Street Baptist Church and the Martha Kinney Sunday School Class.
Surviving are two daughters and sons-in-law, Judi and Terry Mitchell, Sr. of St. Augustine, FL, and Teresa and Gregory Waters of Clinton; a son and daughter-in-law, Paul Thomas and Kathy Sharpe of Greenwood; eight grandchildren, Terry Mitchell, Jr., Kimberle Plybon, Erin Mitchell, Lauren Mitchell, Summer Smith, Jennifer Sharpe, Corrie Harrell and Tyler Waters; six great-grandchildren.
Services will be at 2 p.m. Sunday at the Harley Funeral Home Chapel, with the Rev. Ryan Eklund officiating. Burial will be in Greenwood Memorial Gardens.
Pallbearers will be Terry Mitchell, Jr., Scott Plybon, Dennis Smith, Tyler Waters, Nathan Plybon, Ransom Plybon, Jones Butler, Bob Darnell, Sammy Ouzts, Preston Harrell.
Honorary escort will be the members of the Martha Kinney Sunday School Class of South Main Street Baptist Church, along with Dr. Jack Tinney and Lee Cannon.
The family will receive friends at the funeral home on Saturday from 6 to 8 p.m.
The family is at the home.
Memorials may be made to South Main Street Baptist Church, PO Box 1093, Greenwood, SC 29648.
Online condolences may be sent to the family by visiting www.harleyfuneralhome.com.

Roy Young

CHESTER — Mr. Roy W. Young, 79, of 155 Saluda Street, died Wednesday, Feb. 7, 2007 at Chester Regional Medical Center.
Funeral services will be held 11 a.m. Saturday at The Church of Jesus Christ of Latter Day Saints, 1883 Saluda Road, Rock Hill. Burial will follow at 3 p.m. at the Greenwood Memorial Gardens, Greenwood.
Mr. Young was born in Ware Shoals, S.C., the son of the late Walter H. Young and Laura Saxton Young. He lived most of his life in Abbeville, S.C., where he worked for Milliken Mill and General Cable. He moved to Chester in 1970 and later retired from Essex Corporation.
Mr. Young was a member of The Church of Jesus Christ of Latter Day Saints, Rock Hill Ward.
He is survived by his wife, Patsy Bryant Young of the home; three daughters, Judy Y. Butler of Dewey Rose, Ga., Lethea Y. Parker of Easley, S.C., and LaVonne Renee McMurray of Chester; his sister, Annie Sue Jacobs of Salt Lake City, Utah; five grandchildren; and two great-grandchildren.
He was predeceased by six sisters, Llie M. Young, Ruby Y. McKinney, Pauline Young, Louise Y. Rachels, Leona Y. Phillips and Mattie Y. Norris; and one brother, W.H. “Dub” Young.
Visitation was 6-8 p.m. Friday at Whitesell Funeral Home.

CORRECTION

For the obituary of Florence F. Morton in Friday’s paper, there was an error in the information given to The Index-Journal. She died Monday, Feb. 5, 2007.

Opinion

Time is always objective when it judges everyone

February 10, 2007

Everything in our world is relative. At least it seems that way at times. Everything from the laws of physics to the absolutes of mathematics seems to be integral to the natural design. There are many examples of this, to be sure. One, of course, is all about the idiosyncracies of human beings.
For example, history shows that after he made one of the most remarkable speeches of his life - the Gettysburg Address - President Abraham Lincoln’s standing with the public was pretty low, maybe even lower than the present standing of President Bush.
Through the years, however, that same history has proved Mr. Lincoln was one of our greatest presidents.
Time has a way of eliminating all the one-sided influences and prejudices of humanity. It judges each of us objectively.
Wouldn’t it be interesting to have a crystal ball and be able to see how history judges Mr. Bush? Whatever the judgment, though, it is sure to be a fair one. That, however, is something we’re not likely to see anytime soon.