The man behind the bench

Tragic events led judge to oversee Bixby trial

February 9, 2007

By MIKE ROSIER
Index-Journal staff writer

ABBEVILLE — Tenth Circuit Court Judge Alexander S. Macaulay wasn’t even supposed to be in this position.
The job — presiding over the capital murder trial of accused murder suspect Steven Bixby — had fallen to the duty of Eleventh Circuit Court Judge Marc Westbrook.
But fate, it seems, had other plans.
Shortly after conducting an opening hearing in the case, Westbrook — along with his law clerk—– were killed in a wreck in Edgefield County as the two men were returning to Columbia.
Before the wreck, Westbrook had decided that a jury in Steven Bixby’s case would be selected from outside Abbeville County.
Later, after being given jurisdiction over the cases for Steven Bixby and his mother Rita Bixby, Macaulay upheld Westbrook’s decision on the jury before ruling the trial could be in Abbeville County.
Macaulay, who is presiding over jury selection in Steven Bixby’s case in Chesterfield this week, was not available for comment for this story.
Macaulay was born on Sullivans Island on Jan. 31, 1942, and grew up in Richland County.
He attended the public schools there, and graduated from The Citadel (Steven Bixby lead defense attorney Bill Nettles also graduated from the military school in Charleston) with a Bachelor of Arts degree in history.
Macaulay then served in the Army, which included a tour in Vietnam where he was awarded the Combat Medic’s Badge, Bronze Star and Air Medal.
After military service, he attended the University of South Carolina School of Law (the same law school attended by Eighth Circuit Solicitor Jerry W. Peace) on the “G.I.Bill,” graduating in 1970.
In law school, Macaulay served as a law clerk in the Office of the South Carolina Attorney General.
Upon his admission to the bar, he was an assistant attorney general from 1970 through 1972. There, he represented the state and its agencies in trials and appeals, as well as in criminal prosecutions.
In 1973, Macaulay entered private practice.
He has served as president of the Oconee County Bar (1980) and as a member of the State Board of Education representing the Tenth Circuit (1979-80).
In 1980, he was elected to the South Carolina Senate to represent District One, which includes Oconee, Pickens, Anderson and Abbeville counties, serving until his election as Judge of the Tenth Judicial Circuit in 1994.
In the state Senate, Macaulay served as chairman of the Medical Affairs Committee and was a member of the Finance, Judiciary, Education, Banking and Insurance, and Labor, Commerce and Industry Committees.
In 24 years as a practicing attorney, Macaulay represented a variety of clients in all levels of court in the Palmetto State and the United States. In addition to the South Carolina Bar, he is admitted to and has practiced in the United States District Court, Fourth Circuit Court of Appeals and the United States Supreme Court.
Macaulay is a member of the Walhalla Presbyterian Church. He is a Sunday School teacher at the church, and has served the congregation as a deacon and elder.

Teachers at Woodfields get ‘rapped’ up in reading

Reading drive kicks off with ‘Dewey’ dramatics

February 9, 2007

By BOBBY HARRELL
Index-Journal staff writer

Debby Hodges admitted that learning about the Dewey Decimal System can be kind of boring for elementary students, so she decided to make it more interesting.
The self-described shy library media specialist at Woodfields Elementary School stood in front of two crowds of students Thursday morning in a red kimono and carrying a large paper umbrella, rapping about Dewey Decimal along with about 15 of her colleagues, all in costume.
Teachers dressed as clowns, tigers and doctors grooved and moved to the beat of a drum and rapped about the various Dewey categories to kick off Woodfields’ “Reach Around The World with Non-Fiction Books” reading drive Thursday.
Woodfields’ goal is to get students to read 35 books before May 4 — five books for each of the seven continents of the world, Hodges said. More nonfiction books have been introduced into Woodfields’ library to encourage students to read those books more.
Rapping about the Dewey Decimal System — which is a way of categorizing books so they can be more easily found in a library — is a way to get kids more interested in reading, which helps come test time.
“We know that’s what children like,” Hodges said. “They’ll learn what they need to know before the PACT (Palmetto Achievement Challenge Test) test.”
Hodges said the idea to rap about the Dewey Decimal System hit her out of nowhere.
“It just came to me one morning,” she said.
Hodges said she and the other teachers rehearsed for the rap last week and Wednesday.
“Y’know, teachers come together, no matter what,” said Lynn Timmerman, one of two English as a Second Language teachers at Woodfields, as she swung the tail of her tiger costume.
Teachers pitched in to create their costumes, with some creating their own from construction paper, while another teacher brought the Mother Goose costume she has used in class before.
Hodges worked with media assistant LaVonne Bailey and the school’s reading committee to write the rap verses about each of the 11 Dewey Decimal categories, from Generalities and Geography to History and Biographies.
Even Melvil Dewey, the creator of the Dewey Decimal System, graced the school with his presence — played by Woodfields Principal Roger Richburg in a fake beard and stove-top hat.
Bailey, one of the teachers who dressed up as a clown, said she likes performing for Woodfields’ students. Her children are grown now, but when they were younger, they loved to see her perform for students.
Children from K-4 to the fifth grade cheered for the teachers during and after their performances. Chants of “Read, read, read” echoed around the small Woodfields cafetorium.
“Kids are a great audience,” Bailey said. “They don’t judge.”

This dog sniffs out trouble

February 9, 2007

By MIKE ROSIER
Index-Journal staff writer

NINETY SIX — Brad Smith never wanted this life.
He never wanted to find out that he had epilepsy. He never wanted to lose his job or suffer the way he has since 2001.
But he is an epileptic, and that’s something he can’t change.
Smith has suffered numerous violent episodes, and has been injured quite extensively as a result of the powerful seizures.
He’s broken several bones — including his shoulder twice — which required surgery. His doctor says additional injuries to his shoulders might require replacement surgery.
There is only one immediate thing that can be done.
If Brad Smith is to improve the quality of his life, it will be with the use of a trained, seizure-sniffing canine.
He never even liked dogs all that much.
But he’s warming up to a German Shepherd that has already likely saved his life once since she moved in last November.
That’s just the kind of dog “Ossie” is.
Normally a quiet, reserved canine, when seizures strike she is ready to spring into action to save her master, which she did on the night of Jan. 10, just weeks ago.
“I was in the shower pretty late at night and everyone else was already in the bed,” Brad said. “(Ossie) was laying in the floor and the next thing I know I woke up at Self (Regional). She couldn’t smell (the seizure) because I was in the shower, but Ossie did do her job. She jumped up on the bed and woke my wife up and led her to me. It was a good thing because I could have drowned as the water was still on. There’s no telling what could have happened.”
But dogs like Ossie aren’t cheap.
If the Smith family wants to keep the dog, they’re going to have to pay for her. All $16,000 worth of her.
But as is the case with so many of the factors that now control his life, he has no control over that either.
“The state has taken my driver’s license, so it’s tough, and I can’t go back to work,” he said. “I was used to working between 40 and 50 hours per week to support my family. That’s the hardest part. As head of the house, I’ve always taken on that role to support my family, and that’s what’s so mentally tough for me right now.”
Smith doesn’t want to see Ossie go.
“We’ve had her for around five months,” he said. “But if she’s not paid for she’ll have to go back to (her owner, a trainer in Columbia) and that would be hard because the bond is already there. I never really liked dogs all that much, so this has been a big step for me. We’ve never kept animals in the house, but now that I have her I have no idea how I ever got along without her.”
As insurance companies do not cover the costs of seizure-sniffing dogs as they do for seeing-eye dogs, the membership of Siloam Baptist Church is helping to raise the additional funds for Ossie’s purchase with a hot dog sale and fundraising concert at the church Saturday.
“I think we’re somewhere near $5,000 right now so we need around $10,000 more,” he said. “We never would have found out about the dog if it hadn’t been for our preacher. He saw an article on the owner of the dog in the Baptist Courier.
Back then we were on a five-year waiting list for a dog with the epilepsy foundation. Once we talked with the trainer he came up the next day. He’s a good, Christian man. People had been praying and praying (for a dog), so that was like an answer to prayer.”
For Kim Smith — Brad’s wife — life is split between caring for their two children (4-year-old Austin and 5-year-old Olivia), her husband and a great-grandmother who lives with them in their Ninety Six home.
“It’s been tough,” she said. “It’s really hard on (the children) because it’s scary to them. They just don’t understand, and it’s impossible to tend to Brad when he’s having a seizure and keep them out of the way as well.”
The family has relied on their faith and the constant support of friends and family to make it through each day.
“One day (Brad) was at work and was fine and the next thing I know the secretary called from his office to let me know that the ambulance was coming,” Kim Smith said. “It was extremely hard to comprehend all at one time, and it’s just gone downhill from there.
“Every day is a new step of faith for us. Our faith and church family has been what’s gotten us through with all the support and all the prayer. It’s been just one step at a time. We’ll pray and do what the Lord leads us to do.”

Wildcats declawed

Emerald takes game to Ninety Six in victory

February 9, 2007

By RON COX
Index-Journal sports editor

With both teams knowing their playoff destinies, this one was just about taking it to your rival.
And the Emerald boys did just that, using 19 unanswered points in the first quarter to beat Ninety Six, 81-61, Thursday night in the regular-season finale for both teams.
“This game really didn’t have anything to do with us moving up or moving down. But with Ninety Six being our rivals, and with all the junk they’ve been talking all season, we just had to win,” said senior guard Kadarron Anderson, who led all scorers with 23 points to go along with 10 rebounds. “With this being our last home game as seniors, it gave us a little extra motivation to start out hot.”
Anderson was one of eight Vikings to make a mark in the scorebook, including one of four in double figures. Junior Trey Woolridge also provided a double-double of 13 points and 15 rebounds, while Dee Parks and Alex Robinson came off the bench for 13 and 12 points, respectively.
The Vikings, who will travel Wednesday to Keenan for the first round of the Class AA playoffs, went on a 19-0 run midway through the first quarter, getting scoring from seven different players, to take a 23-3 lead with 1 minute, 19 seconds left in the quarter.
“We came out a little bit inspired to play and they did not and that’s unfortunate because they’re a better team than they showed in that first quarter,” Emerald coach Robin Scott said. “When you get down that big, it’s tough to come back. We played a good first half. We played with some life in the beginning.”
The Vikings followed their 26-point first quarter with 24 more points in the second, going on runs of 7-0 and 6-0, to take a 50-20 lead at the half.
The Wildcats picked things up in the second half. After being outscored in the third quarter by a point, Ninety Six went on a tear midway through the fourth.
But the Wildcats’ run didn’t come until they were trailing by their largest deficit (33) when the game was 72-39 with 6:51 remaining.
Spurred by the play of senior forward Daniel Longmire, the Wildcats went on a 12-2 run. Longmire scored five of his team-high 17 during that stretch.
Emerald’s Corey Reed broke the run with a 3-pointer to make it 77-51 with 2:18 to play. But Ninety Six followed that with an 8-0 run.
“I was pleased with the effort at the end of the game, but I was extremely disappointed with the way we started the game,” said Ninety Six coach Ike Dickey, whose Wildcats, despite the loss, earned their first playoff since the move to Class AA. The Wildcats will play C.A. Johnson in the opening round. “But I’m extremely proud of these kids for making the playoffs for the first time. They’ve had a tremendous year.”

Opinion

No doubt about penalties for hosts providing booze

February 9, 2007

Underage drinking is a bigger problem in the Palmetto State than some people might think ..... especially some parents.
The people of the Greenwood area know that to be true. They have had on occasion what might be considered up-close and personal experiences. If nothing else, they have been given a vicarious familiarity via teen parties that left no doubt.
People all over the state have witnessed similar circumstances from time to time.
In the aftermath of a couple of those parties, some adults indicated they had no problem with giving youngsters alcoholic beverages “in their homes.” If they are going to drink, they rationalize, it’s better to do it at home.

IN FACT, THERE HAVE BEEN similar parties and “rationalizations” reported in other South Carolina communities as well.
No more excuses! The costs can be mighty high ..... and no pun’s intended.
Maybe the South Carolina Supreme Court has gotten everybody’s attention with a recent decision. The court said that hosts who knowingly serve alcohol to minors can be liable for damages caused by the person who was drinking.
“While underage persons have full social and civil rights, we find the public policy of this state treats these individuals as lacking full adult capacity to make informed decisions concerning the ingestion of alcoholic beverages,” the justices decided, which created a rule that is now effective.

TO REITERATE, THE NEW RULE requires that hosts know they are serving someone under age 21 before they can be held responsible.
That makes it clear to anyone who might have taken a different view in the past. Now it’s possible that hosts can and some likely will face tough penalties. That’s how it should be. Now there should be no doubts about what the law provides. If you know someone is underage and you give him or her alcohol, or allow them to drink while you are the host, you might regret it.
The best policy, perhaps, is simple. If you don’t know someone’s age, ask. Then act accordingly ..... or suffer the consequences.

Obituaries

John Adams

COLUMBIA — Services for John Darrell Tolbert Adams, 29, of Columbia, will be held at 10 a.m Friday, Feb. 9, 2007 at Greater St. Luke Baptist Church, with burial at Florence National Cemetery, Florence, SC.
Greater Columbia Funerals and Cremations is in charge.

James Daugett

JERSEY CITY, N.J. — Mr. James Daugett, 74, entered into rest Feb. 4, 2007. Funeral services will be 1 p.m. Saturday, Feb. 10, 2007 at New Bethel Holiness Church, Edgefield, SC, with Rev. Sarah Oliphant officiating. Interment will be in the church cemetery. The remains will lie in state in the church from noon until the hour of service.
Survivors include his wife, JoAnn Daugett; 4 daughters, Shirley (Carl) Simmons, Janet (Michael) Chavis, Mary Ann (Stanley) Coleman and Lisa Tanks; 2 sons, James Daugett and Andrew Daugett; 5 sisters, Ester Jackson, Rachael (Henry) Curry, Edna Jackson, Corine Booker and Helen Lee; 1 brother, Andrew Daugett; and a host of other relatives.
Friends may call at the residence of his sister Edna Jackson.
G.L. Brightharp & Sons Mortuary, 250 Coral St., Edgefield.

Florence F. Morton

HODGES — Florence Freeman Morton, 92, of 302 Cromer Road, widow of David Morton, died Feb. 2, 2007 at Self Regional Medical Center. She was born in Lincolnton, GA, Jan. 6, 1915, a daughter of the late Eddie and Mary Harris Freeman. She was a member of St. Paul F.B.H. Church, where she served faithfully on the Deaconess Board, was a member of the Mother Board and was Mother of the Year for three consecutive years.
She is survived by one son, Rev. David (Viola) Morton, Jr. of Hodges; three daughters, Catherine Rice and Juanita Washington of Hodges and Dorothy (William) Belcher of Mauldin, SC; one sister, Lucille Garnett of Greenville, SC; 26 grandchildren; 76 great-grandchildren; 57 great-great-grandchildren.
Funeral services will be held 2 p.m. Saturday, Feb. 10, at St. Paul F.B.H. Church, with Rev. Lela Breeze officiating. Burial will be in Evening Star.
Pallbearers will be grandsons.
Flower bearers will be granddaughters.
The body will be placed in the church at 1 to await the service hour.
The family is at the home, 302 Cromer Road, Hodges, and the home of a daughter Catherine Rice, 3205 Hwy. 25 N., Hodges. Percival-Tompkins Funeral Home is assisting the Morton family.
Online condolences: pertompfh1@earthlink.net.

Barbara Peterson Parks

EDGEFIELD — Mrs. Barbara Rose Peterson Parks, 64, died on Feb. 7, 2007, in St. Joseph Hospital.
She was born in Edgefield, SC, daughter of the late George and Sarah Quarles Peterson. She was a retired employee of Mt. Vernon Mills. She was a member of Springfield Baptist Church, Edgefield, SC. She is survived by three daughters, Annette Dotts, Hephzibah, GA, Vanessa Leverett and Tara Wurieboth of Martinez, GA; two brothers, Herbert Higgins, Greenwood, SC, and Samson Lanham, Augusta, GA; one stepbrother, Howard Higgins, Greenwood; one stepsister, Amanda H. Battle, Honea Path, SC; five grandchildren. Funeral services will be 2:30 p.m Sunday at the Springfield Baptist Church, conducted by Minister Jimmy Gilchrist. Assisting are Revs. Henry Merriweather, Johnny Peterson, Steven Leverett and Fannie H. Clark. Burial is in the church cemetery. The body will be placed in the church at 1:30 p.m. The family will receive friends at the funeral home 4-6 p.m. Saturday, Feb. 10, 2007.
Butler & Sons Funeral Home, Saluda, SC, is in charge.

William J. ‘Sugg’ Richie Sr.

PHILADELPHIA — William J. “Sugg” Richie, Sr., widower of the late Helen Oglesby Richie, of 903 S. 60th Street, died on Feb. 5, 2007. He was the son of the late Jim and Ella Williams Richie. Survivors include seven children, William, Jr., Sharon, Beverly, Marsha, John Curtis, Patricia and Gregory and one sister-in-law, Fannie Mae Richie of Greenwood.
Services are Saturday, Feb. 10, 2007 at Fifty-Ninth St. Baptist Church in Philadelphia. Burial will follow in Mount Lawn Cemetery in Sharon Hill, PA. Helen E. Waites Funeral Service is in charge of the services. Announcement courtesy of Robinson & Son Mortuary, Inc.

Doris Sharpe

Doris Witt Sharpe, 81, of 705 Sidney Drive, widow of Horace Paul Sharpe, died Thursday, Feb. 8, 2007, at her home. The family is at the home.
Services will be announced by Harley Funeral Home and Crematory.

Sammie Williams

EDGEFIELD — Mr. Sammie Williams, 65, entered into rest Feb. 4, 2007. Funeral services will be 1 p.m. Saturday, Feb. 10, 2007 at Simmons Ridge Baptist Church, Edgefield, with Rev. Dr. Jasper Lloyd officiating. Interment will be in the church cemetery. The remains will lie in state in the church from noon until the hour of service.
Survivors include his wife, Lizzie Lou Williams; 2 daughters, Lizzie Ann Williams and Mary Lynn (Jonathan) Callaham; 2 sons, Sandy Williams and Gary Leon Williams; 3 sisters, Carrie Culbreath, Cornelia (James) Kelly and Cora Williams; 1 brother, Caesar Key; 6 grandchildren; and a host of other relatives.
Friends may call at the residence, 355 Pine Valley Dr.
G.L. Brightharp & Sons Mortuary, 250 Coral St., Edgefield.

CORRECTION

For the obituary of Kevis LaShawn Baylor in Thursday’s paper, there was an omission in the information given to The Index-Journal. The family is at the home of a grandmother Mrs. Anna Triplin, 122 Dunbar Drive, Raintree Subdivision.