GUILTY

Jury convicts Bixby on all counts, including conspiracy

February 19, 2007

By MIKE ROSIER
Index-Journal staff writer

ABBEVILLE — Tenth Circuit Court Judge Alexander Macaulay stood from his seat on the bench in the Abbeville County Courtroom at 9:05 p.m. Sunday with the announcement everyone had been waiting for.
“Ladies and gentleman, it is my understanding that the jury has reached a verdict,” Macaulay said.
Moments later, after waiting for lead counsel for the defense, chief public defender Charles Grose, to return to the courtroom, jury members were ushered into chambers for the reading of their decisions.
One by one, Macaulay alone read the numerous pages of the verdict sheets as they had been attached by the jury.
The end result: Steven Vernon Bixby was guilty on all charges.
His figurative “Robe of Righteousness” — placed upon his shoulders by Macaulay during his charging of the jury — had indeed been stripped away by the evidence and testimony presented to the jury.
The jury, selected from Chesterfield County residents, needed just two hours and 25 minutes to return guilty verdicts on all counts levied against the man now convicted of murdering Sgt. Danny Wilson and constable Donnie Ouzts on Dec. 8, 2003, setting into motion a grueling 14-hour standoff at the Abbeville home of Steven Bixby’s parents – Rita and Arthur Bixby.
In addition to the murder charges, Steven Bixby was found guilty of kidnapping (Danny Wilson), conspiracy (in the deaths of Wilson and Ouzts), possession of a deadly weapon in the commission of a felony and assault with intent to kill.
The gallery – packed full of Wilson and Ouzts’ family members – had already been firmly instructed by Macaulay that there would be no outbursts in his courtroom. The relatives did as they were told, but eyes were closed and tears streamed down the faces of many present.
Three years, two months and 10 days since the incident that claimed the lives of their loved ones, justice finally heard their cries.
“It’s a good moment,” said Chris Ouzts, Donnie Ouzts’ son. “Thank God our prayers were answered.”
“In the midst of it all, God is still good,” said Marilyn Lee, Danny Wilson’s sister. “We still have a bit to go.”
Lee was referring to the sentencing phase of Steven Bixby’s trial, which will begin at 9 a.m. Tuesday.
The jury will hear additional testimony of witnesses, as well as the pleas of the opposing attorneys, and decide whether Bixby will receive the death penalty or be sentenced to life without parole.
Abbeville County Sheriff Charles Goodwin was pleased with the verdict and the success of the justice system in offering Steven Bixby a fair trial.
“We believe in the justice system,” Goodwin said. “The individual was given a fair trial and we feel that the (jury) listened to the facts and rendered a verdict that best represents the facts and evidence in this particular case.”
Eighth Circuit Solicitor Jerry Peace said justice was served.
“You have to feel good for society, for the families, for the community of Abbeville and for justice,” Peace said. “The verdict was justice in this case.”
Defense attorney Bill Nettles was disappointed with the jury’s decision, but maintained the fight for his client’s fate was far from over.
“We respect the verdict of the jury, although we had hoped for something different,” Nettles said. “We look forward to giving a complete picture of Steve’s life.”
The day began with opposing attorneys offering their opposing views of the facts during closing arguments.
As the prosecution, Peace delivered his final address to the jury first, with an impassioned plea for the only justice he felt fit in the case: guilty on all charges for the defendant, Steven Bixby.
Peace likened the case to a clear lake, with truth represented as a shiny penny on the bottom. To obstruct that truth, he said the defense attorneys had tried to stir the bottom and cloud the facts.
After once again displaying a photograph of a handcuffed Danny Wilson and holding aloft the blood-stained shirts of Wilson and Ouzts, the normally calm Peace suddenly erupted with emotion during his address.
“(Bixby) dragged him like a dog. Like a dog. He used (Wilson’s) own handcuffs to handcuff (Wilson) behind his back and then read him his Miranda rights and made a citizen’s arrest,” Peace said, growing more agitated by the second. “(Wilson) is shot, bleeding to death on the floor and this guy is reading him his rights. What kind of crap is that?
“Here this brave officer is just doing his duty and he’s assassinated. Ladies and gentlemen (of the jury) we can’t let that happen in this county, we can’t let that happen in this state and we can’t let that happen in this country. And when it does happen, it’s up to you to make sure that it doesn’t happen again!”
Bill Nettles rose quickly in objection.
“Your honor, this is something that I have to do,” he said. “I must make a motion for a mistrial.”
Macaulay overruled the motion, but admonished the solicitor for his emotional outburst. Peace apologized to the judge and the jury before collecting his thoughts for a moment and continuing.
He had talked earlier about the threats Bixby had passed on to former friend Dana Newton on Dec. 7, 2003, in which Bixby explained “(Monday) is the day” and his intentions to shoot trespassers — law enforcement officers or not. Bixby also was known to quote the New Hampshire state motto – “Live Free or Die” – frequently in his conversations concerning property rights.
“Steven told Dana Newton that ‘I’ll blow their (expletive deleted) heads off,’” Peace said. “Well, ‘Live Free or Die’ is all right ... until it comes to die.”
Peace was referring to several letters written by Bixby to Newton’s mother and former Bixby romantic interest, Alane Taylor, in which he says he could have killed many more agents on Dec. 8, 2003.
Closing out his argument, Peace implored the jury for justice.
“It’s a hell of a thing, killing a man,” Peace said quietly, standing directly in front of the 12-member jury. “You take away everything he’s got and everything he’s going to have. Thank you.”
Nettles asked the jury to entertain an “alternative view of the facts” in the case against his client.
“Their rights were something that they felt strongly about,” Nettles said. “No one is asking you to adopt their views, but their views are not illegal.”
He also said that if the shootings were an ambush – no doubt a reference to the conspiracy charge against his client – that it was the “most well-publicized ambush in the history of the world” because of the conversation with Newton on Sunday and Bixby’s comments to others.
Nettles presented a scenario in which Arthur Bixby – not son Steven Bixby – was the “shooter” and responsible for the deaths. Nettles claimed Arthur Bixby was located on the camera of a State Law Enforcement Division robot in the west bedroom of the Bixby home, where the rifle that is believed to have killed Wilson and Ouzts was found on a dresser.
Nettles said two weapons fired – the rifle and a shotgun – and two shooters inside the home, father and son. He also added his client was found only with shotgun shells in his pockets upon his surrender, having already said manslaughter also was an option in the case.
“He was found with shotgun shells because that was the weapon that he had been shooting — a shotgun,” Nettles said. “The evidence is there, but not for murder. It’s awful and it’s tragic, but it’s not murder.”
The jury disagreed, and after collaborating together in chambers, rendered a verdict of guilty on all charges hours later.

One step closer to justice

February 19, 2007

By MIKE ROSIER
Index-Journal staff writer

ABBEVILLE — They didn’t really mind the cold.
Standing there in the sub-freezing temperatures, all huddled together — an accurate picture of their solidarity over the past three years — the families of the two law officers, Sgt. Danny Wilson and constable Donnie Ouzts, murdered in a deadly standoff Dec. 8, 2003 in Abbeville, the weather was just fine with them.
They had waited indoors for too long already.
But it was still some kind of cold.
It was so cold it seemed as if their tears would freeze before they could even fall to the ground on the Abbeville square – and then there was the wind.
The flag pole at the head of the square was vibrating as it was berated by the stiff, cold winds, and its two flags whipped mercilessly.
But the family members didn’t really mind the cold. They had a story to tell – all of them.
Blake Ouzts, grandson of Donnie Ouzts, took the lead role as the families were interviewed on the square.
“It’s just a good feeling right now,” Blake Ouzts said.
But while pleased with the guilty-on-all-charges verdict that issued moments earlier by a jury selected of Chesterfield County residents, he wasn’t totally amicable – especially when a television reporter asked the young man what he thought of the defendant, Steven Bixby.
“I just can’t even think about what I would say to him right now ... I couldn’t say anything to him, I don’t think,” Blake Ouzts said, looking more like someone ready for a fight.
“He needs to feel what we feel. He’s been looking back at us and smiling and making eye contact. I just hope that we get the same for the other two (Rita Bixby and Arthur Bixby).”
The emotions of his loss are difficult for those on the outside to understand.
Standing this close, his anger is clearly felt and understood. His meaning is very clear, and the others nod their heads in agreement. These families are happy, but are not finished with the fight.
The sentencing phase begins on Tuesday morning and the members of the Wilson and Ouzts families who have supported each other for so long will be there together again – and in full force – for the penalty phase. Their justice has not yet seen the light of day. So they’ll continue to stand out in the cold, or anywhere else they have to in order to see the type of justice dispensed to which they believe they’re entitled.
The jury will be given the option to sentence Steven Bixby to life in prison or death (by lethal injection or the electric chair – South Carolina inmates sentenced to death are given their “choice” of the two).
For the record, it’s one more option than these two families would ever need.

Obituaries

Nellie Arnold

Nellie Stallworth Arnold, 92, of 120 Woodcrest, widow of Richmond M. “Rip” Arnold, died Sunday, Feb. 18, 2007, at Hospice House.
Services will be announced by Blyth Funeral Home & Cremation Services.

Kevin Ellis Cathey

WEST COLUMBIA — Services for Kevin Ellis Cathey, 33, will be held 11 a.m. Tuesday, Feb. 20, 2007 at Saluda River Baptist Church, officiating will be Rev. Tommy Spotts and assisting will be Rev. Dr. Phil McMinn. Interment will follow at 3:30 p.m. in Greenwood Memorial Gardens, Greenwood, S.C. The family will receive friends from 6-8 p.m. Monday evening at Saluda River Baptist Church. Memorials may be made to Kevin Cathey Children’s Scholarship Fund, c/o Saluda River Baptist Church, 3459 Sunset Blvd., West Columbia, SC 29169.
Kevin passed away on Sunday, Feb. 18, 2007, after a sudden unexpected illness. Born in Johnson City, Tenn., he was the son of John Ellis Cathey Jr. and Bernice Addis Cathey. A graduate of Greenwood High School and Lander University, he earned a bachelors degree in Business Administration and was a member of Pi Kappa Phi Fraternity. Kevin has been an area resident since 2001, formerly of Greenwood. He was a faithful deacon and member of Saluda River Baptist Church, where he was active in youth ministry. He was the manager of Extended Stay Deluxe Hotels. Kevin was a member of numerous community based programs. and was a loving son, brother, husband, father, uncle, and grandson. He will be dearly missed by his family and friends.
Surviving in addition to his parents, John and Bernice Cathey of Greenwood are his wife, Kelly Blackwell Cathey of West Columbia; daughter, Katelyn Elizabeth Cathey of West Columbia; son, Jacob Ellis Cathey of West Columbia; sisters and brothers-in-law, Janna and Tom Vaughan of Piedmont; Pennie and Ernie Peagler of Lexington; grandmother, Kate Cathey of Mt. City, Ga.; two nephews, John Thomas and Zachary Peagler, a niece, London Peagler.
The family would like to extend a special Thank You to the ICU of Lexington Medical Center.
Onlince condolences may be sent to www.thompsonsfuneral.com.

Teresa Eaves

WARE SHOALS — Teresa Louise Lagrone Eaves, 45, of 894 Buddy Knight Road, wife of Roy Scott Eaves, died Sunday, Feb. 18, 2007, at her home.
Born in Greenwood, she was a daughter of Robert Walter “Bob” Lagrone and the late Vivian Ann Reid Lagrone. She was a member of Harmony United Methodist Church and was a graduate of Greenwood High School, Class of 1979. She was a member of the Order of the Eastern Star, Mary Pinckney Outz Chapter #1, Greenwood.
Surviving are her husband of the home; her father, Robert Lagrone and step-mother, Betty Lagrone of Ware Shoals, two sons, Roy Allen Eaves and James Edward Eaves, both of the home; a brother, James Lamar Lagrone of Mauldin.
Graveside services will be held 3 p.m. Tuesday at Greenwood Memorial Gardens with Rev. Dan Lewis officiating.
The family will receive friends from 1-2:30 p.m. Tuesday at Parker-White Funeral Home. The family is at the home of her father, Robert “Bob” Lagrone, 802 Buddy Knight Road, Ware Shoals.

Bernard Gilliam

SALUDA — Bernard Gilliam, 49, died Feb. 16, 2007, at Self Regional Medical Center.
Born in Edgefield County, he was the son of the late Henry and Lizzie Howzell Gilliam. He was a member of Willow Spring Baptist Church and a retired employee of International Paper Board.
He is survived by his wife, Mae Emma Gilliam of Saluda; a son, Bernard Gilliam Jr. of Saluda; daughters, Laytoya Kinard of Johnston, Tarsha Hartley, Tracee Abney and Crystal Gilliam, all of Saluda; a brother, James Coats of Edgefield; sisters, Carrie Brown of Augusta, Ida Mae Clark and Elizabeth Gilliam, both of Saluda; four grandchildren.
Funeral services will be 2 p.m. Tuesday at Willow Spring Baptist Church conducted by the Pastor Reverend Anthony Gordon. Burial will follow in the church cemetery.
Butler & Sons Funeral Home is in charge.

Jack Henderson

McCORMICK — James Bouknight “Jack” Henderson, 76, resident of Savannah Heights Living Center, died Feb. 17, 2007, at Self Regional Medical Center, Greenwood.
Born in Newberry County, July 12, 1930, he was a son of the late James W. and Katie Mae Bouknight Henderson. Mr. Henderson was a member of McCormick United Methodist Church, Woodman of the World and was also an avid fisherman, bicyclist and hunter.
Surviving are a sister, Mary H. Parnell of McCormick and a niece, Edith P. Davis of Greenwood.
Funeral services will be conducted at 11 a.m. Tuesday at the McCormick United Methodist Church with Rev. Jerry M. James officiating. Burial will be in McCormick City Cemetery.
Pallbearers will be George Eleazer, Homer Eleazer, Bobby Eleazer, Mike Bouknight, Wesley Lindley, Jasper Rush Jr. and Tommy Lindley. The body is at Blyth Funeral Home, Greenwood and will be placed in the church at 10:00 a.m. Tuesday.
The family is at the home of his sister, Mary Parnell, 1076 Highway 10, McCormick and will receive friends from 6-8 Monday evening in the social hall of the McCormick United Methodist Church.
Memorials may be made to McCormick United Methodist Church, PO Box 267, McCormick, SC 29835.
Online condolences may be sent to the family by visiting www.blythfuneralhome.com.
Blyth Funeral Home & Cremation Services, Greenwood, is assisting the Henderson family.

Judy Marino

Judith Mueller “Judy” Marino, 65, resident of 118 Heritage West Court, wife of Victor “Vic” Marino, passed away Feb. 16, 2007, at the Carolinas Medical Center, Sanger Clinic, Charlotte, N.C.
Judy graduated from St. Mary’s of the Woods College in Indiana and was a long time resident of Greenwood, where she had been a real estate agent in the area for nearly 25 years. She was the current president for the Catholic Women’s Club of Our Lady of Lourdes Catholic Church. She was a member of Sertoma and served on numerous fundraising committees associated with the Greenwood Real Estate Association.
Surviving in addition to her husband, Vic Marino, for 44 years are five children, Dr. John (Evie) Marino of Pawley’s Island, S.C., Elizabeth (Mark) Boltz of Salisbury, N.C., Kimberly (Phil) Pacheco of Tampa, Fla., Don (fiancé Rebecca Bartless) Marino of Greenwood, and Joseph Marino of Tampa, Fla.; seven grandchildren, Alex, Samantha, and Emme Pacheco; Jake Boltz; Jack, Ellyn, and Molly Marino. As well, she leaves brothers and sisters, Michael (Mary) Mueller of Richmond, Va., Linda (Tom) Duff of Nashua, N.H., Heidi (David) Brown of Baltimore, Md., Don (Holly) Mueller of McKinney, Texas, Nina (Jake) Mangan of Westford, Mass.; numerous nieces, nephews, and cousins. Her beloved mother-in-law, Mary Marino, made her home with Judy and Vic for years.
Judy was preceded in death by her parents, Don and Betty Mueller of Lexington, Mass.; her father-in-law, John Marino of Beloit, Wis.; her parental grandparents, Howard and Nina Mueller; maternal grandparents, Charlie and Dorothy Dean.
A mass of Christian Burial will be celebrated 10 a.m. Wednesday at Our Lady of Lourdes Catholic Church with Father Timothy Tebalt officiating.
The family will receive friends from 6-9 Tuesday evening at Blyth Funeral Home. A rosary service will be at 7 Tuesday evening at the funeral home.
The family requests that in lieu of flowers that a donation be made to the American Heart Association, P.O. Box 5216, Glen Allen, VA 23058-5216 or to Our Lady of Lourdes Catholic Church, Family Life Center, 915 Mathis Road, Greenwood, SC 29649 in Judy’s honor.
For online condolences, please visit www.blythfuneralhome.com.
Blyth Funeral Home & Cremation Services is assisting the Marino family.

James David ‘Bo’ Martin

ABBEVILLE — James David Martin, 65, of 73 Kristel Drive, husband of Shell Lee Smith Martin, died Feb. 16, 2007, at Abbeville County Area Medical Center.
He was born in McCormick County and was the son of the late Lillian and Millie Martin. He was a retired employee of the city of White Plains, New York, a member of St. Mary Masonic Lodge #161, Glover Chapel Baptist Church and the Black Cat Motorcycle Club.
Surviving are his wife of the home; a son, Patrick Martin of Mt. Vernon, N.Y.; two stepsons, Gary Hall and Melvin Williams Hall; sisters, Alice Sparrow of Durham, N.C., Pauline Martin of Abbeville, Sarah Horne and Easter Mae Cannon, both of Greenwood, Margaret Harrison of Orangeburg; brothers, Walter Martin of Abbeville, Thomas Martin of Greenville and George Martin of Central; two granddaughters.
Services will be Wednesday, Feb. 21, 2007, at 11 a.m. at Glovers Chapel Baptist Church with the Rev. M.L. Taylor officiating. The Revs. Johnny Waller, Lucious Waller, Ernest Cannon and Bro. L.V. White will assist.
Pallbearers will be members of Masonic Lodge #161 and Motorcycle Club members. Flower bearers will be Wanda McAdams, Judy Martin, Toya Brownlee, Eldora Foster, Hilda Howland and friends of the family. Burial will be in St. Goodwill Baptist Church cemetery.
The family will receive friends at the home, 73 Kristel Drive.
Brown and Walker Funeral Home is in charge of arrangements.

Ellis ‘Butch’ Payton

PLUM BRANCH — Ellis Leroy “Butch” Payton, 49, husband of Sharon Reid Payton, died Feb. 16, 2007, at his home in Plum Branch.
He was a member of Pine Grove A.M.E. Church and served on the Trustee Board and the Heavenly Voices Choir. He was a graduate of McCormick High School and was a concrete finisher.
Survivors are his wife of the home; two sons, Eldrick Payton and D’ionte Brown, both of Plum Branch; a daughter, Ms. Jaleesa Holloway of Greenwood; step-father, Willie Gary Jr. of Plum Branch; seven sisters, Ms. Jacqueline Williams and Ms. Dara Harrison of McCormick, Ms. Julia Ann Parks, Ms. Sandra Blocker and Ms. Ina Young, all of Plum Branch, Ms. Taffie Blair of Columbia and Ms. Sherry Dennis of Greenville; three brothers, Calvin Payton of Union, Chuckie Payton and William Gary of Plum Branch.
Services will be noon Wednesday at Pine Grove with the Pastor Rev. W.O. Vance officiating. Interment in church cemetery.
The family is at the home of Mrs. Julia Ann Parks on Pine Grove Road, Plum Branch.
Walker Funeral Home is in charge.

Mollie Taylor

NEWBERRY — Mollie Lee Evans Taylor, 88, resident of Wesley Commons in Greenwood, and former resident of 2136 Mower St., Newberry, widow of Carl J. Taylor, went to be with her Lord on Saturday, Feb. 17, 2007.
Born in Newberry, October 8, 1918, she was a daughter of the late John E. and Agnes Dickert Evans. She was a graduate of Newberry High School, worked many years in the Newberry Cotton Mills and later retired from Louis Rich.
A member of Mayer Memorial Lutheran Church, she was also a member of the Adult Sunday School Class as well as the Edith Fulmer Circle. Singing in the church choir was a special joy to her. At her church, she was lovingly known as ‘the kissing lady’.
Survivors include one brother, Herman O. Evans of Cheraw and a sister, Ollie Mae Johnson of Zephryill Hills, Fla. She is also survived by her nieces and nephews, Judy Swygert Kelley of Greenwood, Nita Swygert Gilmer of Abbeville, James E. Evans Jr. of Greenville, Terri E. Abercrombie, Aggie E. Norris, and Jan E. Tinsley, all of Fountain Inn, Susan E. Johnson of Oak Island, N.C., Pamela E. Page of Gray, Tenn., Risa Taylor Cromer and Mickey Werts of Newberry, and Sammy Taylor of Prosperity. Well loved by ‘Aunt Mollie’ are her 15 great nieces and nephews and 18 great-great nieces and nephews.
Mrs. Taylor was predeceased by two brothers, Olin E. Evans of Fountain Inn, and James E. Evans Sr. of Greenville and a sister, Margaret Swygert of Greenwood, as well as a niece, Cheryl Velez of Fountain Inn.
Funeral services will be conducted at 2 p.m. Tuesday at Whitaker Funeral Home with Rev. Dr. James F. Kelley and Rev. Robert Kasting officiating. Burial will be in Rosemont Cemetery.
The body is at Whitaker Funeral Home. Visitation will be from 12-1:30 p.m. Tuesday prior to the service in the chapel.
Memorials may be made to HospiceCare of the Piedmont, Inc. 408 W. Alexander Ave. Greenwood, SC 29646.
Pallbearers will be Ray Abercrombie, Mike Cromer, James Evans, Roy Johnson, Terry Norris, Johnny Page, Sammy Taylor and Duane Tinsley.
Honorary escorts will be the Adult Sunday School Class and Edith Fulmer and Myrtle Derrick Circles of Mayer Memorial Lutheran Church, Adella Summer, Harriett Burnett, Martha Young, Margaret Sligh, Lloyd Layman, Roy Stutts, H. C. and Ritha Smith, Roselyn Underwood, John and Jackie Kesler, George and Dot Way, Gene and Helen Gillam, Troy and Johnette Bowers, Jack and Lois Taylor.
Messages to the family may be sent via email to notes@whitakerfuneralhome.com.
Whitaker Funeral Home, 1704 College Street, Newberry is assisting the family.

Wynonia Williams

Wynonia Williams, wife of Easby Williams, died Sunday, Feb. 18, 2007, at Hospice Care of the Piedmont.
The family is at the home of a sister, Corrie Chiles, Oaks Apartments, McCormick.
Services will be announced by Walker Funeral Home.

Athletes and students ...
... are they all the same?

February 19, 2007

Clemson University President James Barker had seen enough internal “discussion” between the university’s football staff and academic officials over the admissions process. He apparently told them to stop the public bickering and at the same time authorized a review of the process to determine if changes should or would be made.
The review would include input from faculty, admissions and athletic department members.
The situation arose when head football coach Tommy Bowden complained the admissions process forced his staff to stop recruiting players who signed to play football at other institutions. He complained that Clemson could not stay competitive in the recruiting wars under present circumstances.

BARKER MADE NO PROMISES ..... at least according to public reports. He noted the university might decide to keep the process as it is, make minor changes or maybe even create a new system. He did say, however, that “We are in danger of becoming deeply divided because of questions and misconceptions about our process for admitting student-athletes.” He also said there is evidence the present process works.
It should be noted, of course, that Clemson football teams have been outstanding over the years while competing under the same circumstances as now. It appears, though, that a review is in order. In fact, a review should be regularly scheduled to assess everything involved, to confirm the status quo or make any adjustments deemed necessary.

COMPETITION FROM OTHER universities recruiting the same players obviously is an important consideration, as are other facets of the situation. Still, the history of the process should also be considered, along with the relative success over time.
One thing should be paramount. Student-athletes should not be treated any differently than regular students, and that holds true for Clemson, the University of South Carolina, Georgia, Presbyterian or any other college or university. If anything, considering the time pressures on athletes, it would seem wise to have even tougher standards for athletes.
Athletics is an emotional issue for fans, so differences of opinion are natural. But making sure that all-star quarterback is capable of handling the academics and stays in school, rather than flunking out and leaving the team and fans short, ought to be encouraging to everyone.
Give Clemson credit for tackling a tough issue. Too many others don’t.