Bail denied for Rita Bixby

Judge thinks defendant is flight risk; upcoming trial will be in Abbeville

May 16, 2007

By MIKE ROSIER
Index-Journal staff writer

ABBEVILLE — Rita Bixby will not be leaving jail anytime soon.
Her attorneys — Jeff Bloom, of Columbia, and Joe Smithdeal, of Greenwood, had a hearing Tuesday before Tenth Circuit Court Judge Alexander Macaulay to address their client’s ongoing remand without bail following an incident in late 2003 that claimed the lives of two Abbeville County law enforcement officers, as well as the persisting lack of trial.
Macaulay addressed both issues — denying bail on the basis that Bixby still represents a flight risk, and setting a June 1 date for attorneys to submit pre-trial motions and jury selection proposals. He also set a date of Oct. 29 as a deadline of sorts, saying that if no trial date is set by that time he would revisit the issue of bail.
Last month, the state Supreme Court upheld a ruling by Macaulay that quashed a death penalty notice previously served on Bixby.
She has been held in custody without bail since a 2003 standoff that claimed the lives of Sgt. Danny Wilson and Constable Donnie Ouzts.
Bail law requires that bail be set, except in cases where the punishment could result in a sentence of either the death penalty or life in prison.
“Your honor, Ms. Bixby is 74 years of age, has no prior record and has been in custody going on four years,” Bloom said, adding his client wants to remain close to her son, convicted double-murderer Steven Vernon Bixby, and husband, Arthur Bixby, who remains in custody in Laurens County.
“We respectfully ask that you would consider some type of bail.”
Solicitor Jerry Peace presented the state’s position in the matter: Rita Bixby still represents a danger to the community and a significant risk of flight.
“We maintain that she is both,” Peace said, before adding Rita Bixby had maintained an agitated verbal state in several known conversations with Abbeville County residents, saying her family would defend their property and that she said her son had the right to kill the two officers in 2003.
The solicitor also mentioned Bixby’s alleged involvement in a militia fringe group, saying the opportunity to “secrete this type of defendant away” from the court would hold an special allure for a group so inclined.
Bloom denied his client’s any involvement in any militia group.
“There is no evidence of that whatsoever,” he said.
Macaulay took several moments to consider the arguments before rendering his decision that bail be denied to Rita Bixby, adding that according to prior testimony made during her son’s trial, that she and a handicapped son had already been prepared to leave the Palmetto State on the day of the standoff, and that denying bail was within state statutes as she could be sentenced with life imprisonment if convicted on the accessory charges.
The judge also denied a motion for a change of venue, meaning the trial — whenever a date is finally set — will be in Abbeville.
“We were a little disappointed that she wasn’t granted some type of bond, but in this type of case it wasn’t totally unexpected,” Bloom said. “This has been a very sad and tragic case for Abbeville, so I understand that. I think it was an indication that (Judge Macaulay) did give the solicitor a deadline of Oct. 29 (to have a trial date), but in all likelihood we’ll see a trial date of either September or October.
“She’s not getting any younger, so we need to go ahead and move forward with a verdict. We need to see justice done.”
On that particular point, Bloom and Peace both agree.
“The sooner that we can try this case the better,” Peace said.
Bloom — who met with members of the Wilson and Ouzts families following Tuesday’s hearing — said he thinks both sides will work together to bring the matter to trial with all the expediency that is due in the case.
“There have been some unique circumstances involved with this case, but now that the Supreme Court decision has been made, it makes it easier to move forward in a speedy and judicial fashion,” Bloom said. “I think everybody is trying to do that. The solicitor has extended me every courtesy and I truly think that he is seeking justice in this case.
“Hopefully we can resolve this next phase so that everyone can move forward.”
Rita Bixby herself — sporting a bandage on the right side of her face — remained as defiant as ever Tuesday, even snorting audibly when Peace told the court he was only interested in seeing justice done.
She also maintained eye contact with members of the Wilson and Ouzts families as she walked in front of them upon her exit from the courtroom.

Trails provide tour of history

May 16, 2007

By KENNY MAPLE
Index-Journal staff writer

Years ago, trains rumbled down tracks that were laid along what is now called the Heritage Trail. After nearly a decade of existence, the historic 2 1/2-mile, one-way trail still provides a place for outdoor lovers of all ages to stroll, hike, run or bike.
When the trail was started, it was part of the Rails to Trails project to replace old railroad beds with walking trails. The trail now is in conjunction with the Grace Street Trail and the trail at West Cambridge Park as converted trails.
The trail begins at Palmetto Bank on South Main Street with signs to the entrance, and a small, replica locomotive turntable gives honor to the Charleston and Western Carolina Railroad that was maintained until the late 1940s. Shortly down the trail, hikers can peer through a chain-link fence that separates the trail from old locomotives at the Railroad Historical Center — a museum commemorating the railroad of Greenwood and displaying a number of trains.
The paved path continues past several historical points, such as the abandoned trestle where the Charleston Carolina Railroad passed over the tracks of the Georgia and Florida railroads. Signs along the way inform travelers of the importance of specific locations.
William John Park, who helped in the trail’s construction through the Greater Greenwood Parks and Trails Foundation, remembers the important points of interest, but recalls mostly his primary responsibility of constructing the replica locomotive turntable. Though the beginnings of the trail date back a couple decades, Park was able to dig up some old clippings from The Index-Journal.
One, without a date, describes when former Mayor Thomas Wingard gave the approval for the trail. The clipping says “The ‘Rails to Trails’ Committee, which advocates building bicycle and jogging trails where railroad tracks have been removed, got a word of encouragement the other day from Greenwood Mayor Thomas Wingard. ... The mayor told the group ‘the time is right’ for the trails ... if the money is available.”
Another article, dated May 19, 1983, written by Roger Burton, a former Index-Journal staff writer, describes the planning stages of the path’s layout.
“The committee hopes to have the trails incorporated into the green areas of the construction of Main Street, plus the old Southern right-of-way following Calhoun Road to the S.C. 72 By-Pass. Also, the committee wants trails added in the old Seaboard right-of-way, which parallels Reynolds Avenue.”
Then-county councilman Tuck Wooten says in the article that he would not support the trails going to the bypass. “I will oppose children crossing the 72 By-Pass if it materializes.”
Lastly, the article describes the project’s financial side. The price for the asphalt for the proposed three to four miles was estimated between $15,000 and $20,000.
Jump ahead to 1995.
The Parks Fund Raising Committee came out with a packet of documents involving the specific funds needed for the entirety of the trail — a trail now shortened to 2 1/2 miles. After the appraisals, surveys and land purchases; the grading, asphalt, park benches, signs and everything else construction-related; and design, management and legal fees, the total cost for the trail came to $251,006.
Of this, the Park Commission’s contribution was estimated to be $50,201.20.
After a couple of appraisals, the project was set. A sign at the entrance to the trail beside the Palmetto Bank on South Main Street says the trail was completed in 1998.
Now, jump again to 2007, nearly a decade later.
The Heritage Trail, existing to provide recreation and history, could use some work for its natural plant life and its historical signs.
“I think it is something our community needs to be addressed,” said Billy Nicholson, chairman of the Parks Commission. He added, however, that the trails are not meant to be maintained like a park, especially a trail with the length of the Heritage.
With the other parks and trails in place, the Heritage Trail might seem old and forgotten.
Another trail is the Grace Street trail, where dog-owners enjoy taking their pets for a stroll up and down the sandy path. Blake Street resident Jeanette Brown remembers when the path was just like the Heritage Trail — a railway.
She remembers her son, whose bedroom was on the side of the house nearest the train tracks, couldn’t get a good night’s sleep because of the noise of the trains rolling past. Then, when the train stopped coming through, he couldn’t sleep because of the lack of noise.
Also used, and very popular, is West Cambridge Park, which used to be a railroad switching yard. The trail that runs through the park was also a railroad at one time.
On any given sunny day, the park is populated with energetic children and their watchful parents. It was built on community donations and succeeds because of maintenance from the Greater Greenwood Parks and Trails Foundation and clean-up from the city and county.
There are tentative plans for a new park where the old CPW property lies on Grace Street near the bypass. A meeting took place Monday night to discuss the possible developments.
But what about the Heritage Trail?
“I don’t think the Heritage Trail has ever been used as much as it should,” Nicholson said.
Klaus Neubner, the maintenance chairman of the GGPTF, said now is a time when there is a lot of unneeded growth, but it is also a time for great, colorful wildflowers.
“We maintain this like a nature walk,” he said. “The wildflowers grow and we really enjoy that.”
His maintenance committee is in charge of part of the trail, while the city is over some and Palmetto Bank over its small section off Main Street.
Volunteer groups also provide relief to the trail’s overwhelming vegetation, and other places, such as the Genetics Center, has even created access paths to get to the trail.
As far as the historical signs, they might have to be moved or removed altogether. Neubner said some of the glass covers have been broken, and other signs have been knocked over because they were not sturdy enough.
Vandalism on a public trail through a town cannot be entirely prevented, but it certainly doesn’t prevent the trail from being used.
L.B. Adams Jr., former treasurer for the GGPTF, noticed the trail’s small blemishes, but he still uses it; he jogged on the trail Sunday.
“It would be great if it were kept perfectly,” he said. “We don’t have a whole lot of money for our trails.”
Adams said he “believes in what is happening” with the trails and that during the weekends “you’ll have families out and children riding bicycles” on the trail.

‘A great first week’

Vikes continue spring practice with new coach, old players

May 16, 2007

By RENALDO STOVER
Index-Journal sports writer

The Emerald Vikings are in the midst of their second week of spring practice, and second-year coach Mike Clowney said his squad has done well overall.
Following the first week of practice, Clowney took a few moments to talk about how his team has performed in the early stages of the 2007 football season.
“I think we’ve had a great first week,” Clowney said. “We had over 80 kids every day. They’re the same kids who’ve been in every day and done everything in the weight room.”
Defensively, Clowney said, the Vikings’ front seven has been solid with the majority of the players returning from last season.
“We’ve got pretty much all the kids coming back except for one at linebacker,” Clowney said. “So inside the box, defensive lineman, linebackers, we still feel pretty good because most of those guys are coming back.”
The Vikings’ secondary is another location where Clowney said he expects solid play.
“We’ve got guys, skill position-wise, that got a decent amount of experience last year and are coming back,” Clowney said. “They have an idea of what we’re looking for.
“Defensively, they’ve done a good job of retaining things from last year, so things are moving pretty fast on defense.”
Clowney said the offensive side of the ball is another story for the Vikings, who have some holes to fill while also learning a new offense.
“Each year you’re going to have kids who graduate, and you have to look forward to other kids stepping in and filling those slots,” Clowney said. “Right now, I think the place where we lost the most people is the offensive line.
“But I’ve been extremely pleased with the guys that we’ve got there right now. They’ve done a good job.”
The Vikings hired a familiar face to take over as offensive coordinator for the upcoming season.
Sentell Peake, who spent the previous three seasons as an assistant coach at Greenwood High School, will call the plays for the Vikings this season. The link between the Eagles is just one connection Clowney and Peake share.
Both coaches played at Union High School for coach Shell Dula, before returning from college to join him on the GHS staff.
Clowney was a member of the Eagles coaching staff when they won back-to-back state championships in 1999 and 2000. Peake also has a ring with the Eagles following last season’s win in the state finals.
“It was a tough decision coming off a state championship,” Peake said. “I felt I needed to progress and take on a new challenge. That’s what really made me want to come over here.”
Peake said he watched Clowney play for Union High School and established a relationship with him while being recruited to play at Carson-Newman, where Clowney is still regarded as one of the school’s greatest defensive players.
“We established a relationship then,” Peake said. “I watched him when I was younger and playing football, and he was a monster on the field then. He was a person I knew before he even knew me. It’s great to be back working with him again.”
As far as his role as offensive coordinator, Peake said although he learned quite a bit while coaching on the offensive side at Greenwood, don’t expect to see the same offense at Emerald.
“There are a few things that I’ll bring over and incorporate in my package,” Peake said. “It’s really a different brand of offense than what Greenwood ran, and you’ll see that once we get into the season.”
Clowney said he’s been pleased with the pace at which the Vikings are learning the new offense.
“Offensively, as far as picking up a new system, they’ve done a great job of getting in and learning and making adjustments,” Clowney said. “I think our offensive staff has done a good job of working together. They’ve done a good job of getting together to where they can teach guys in order for them to move forward and be successful.”
Clowney added there is a major determining factor for the Vikings if they want to be successful this season.
“Attitude is probably the biggest key,” Clowney said. “We want guys who know that if you think positive, then things are going to move in a positive direction. I think our team’s attitude right now is great, and that’s been the main thing that’s allowed us to move as fast and as well as we have.

Obituaries

Ralph Anderson

WATERLOO — Services for Wilson Ralph Anderson will be at 4 p.m. Thursday at the Harley Funeral Home Chapel, with the Rev. David W. Milcher officiating. Burial will be in Oakbrook Memorial Park.
The family will receive friends at the funeral home on Wednesday from 7 to 9 p.m.
The family is at the home of his daughter, Jennifer Harling, 280 Edgewater Drive, Waterloo.
Mr. Anderson, 50, of 1675 Dillard Road, died Tuesday, May 15, 2007 at his home.
Born in Saluda, he was a son of Hazel Smallwood Weeks and the late Warren Ralph Anderson. He was employed by Satterfield Construction.
Surviving is his mother and stepfather, Samuel Weeks, of Greenville; two daughters, Jennifer Harling and Kayla Anderson, both of Waterloo; a son, Wilson Scott Anderson of Waterloo; a sister, Norma Anderson of Greenville; three brothers, Randy Smallwood of Ware Shoals, Ricky Anderson and Jimmy Ray Anderson, both of Greenville; his former wife, Betty Anderson of Waterloo: and nine grandchildren.
He was preceded in death by a brother, Wendell Anderson.
Online condolences may be sent to the family by visiting www.harleyfuneralhome.com.

Talmadge Eugene Carr

ABBEVILLE — Talmadge Eugene “Boo-Boo” Carr, 39, of 142 Mill Road, Woodlawn Park, husband of Mary Louise Blackwell Carr, died Tuesday, May 15, 2007, at Self Regional Medical Center in Greenwood.
The family is at the home.
Services will be announced by Abbeville & White Mortuary Inc.

Bob G. Kelly

Graveside services for Bob G. Kelly will be at 11 a.m. Thursday at Greenwood Memorial Gardens, with the Rev. Leland S. Scott officiating.
The family will receive friends at Harley Funeral Home on Wednesday from 7 to 9 p.m.
The family is at the home, 2618 Edgefield Street.
It is respectfully requested that flowers be omitted and memorials made to Callie Self Memorial Baptist Church, 509 W. Kirksey Drive, Greenwood, SC 29646.
Mr. Kelly, 78, of 2618 Edgefield Street, widower of Marion DeVries Kelly, died Tuesday, May 15, 2007, at Self Regional Medical Center.
Born in Anderson County, he was a son of the late Ralph and Ruth Smith Kelly. He was retired from Greenwood Mills and was an MP in the US Army during the Korean Conflict. He was a member of Callie Self Memorial Baptist Church.
Surviving are two daughters, Joyce Kelly and Cheryl Turner, both of the home; two sons, Dennis Kelly and Mike Kelly, both of Greenwood; a grandson, John Turner of the home; a sister, Jenelle Long of Greenwood; five grandchildren: and a great-grandchild.
Online condolences may be sent to the Kelly family by visiting www.harleyfuneralhome.com.

James ‘Who-Who’ Witt

James “Who-Who” Witt, 48, of 104 Bintage Road, died Monday, May 14, 2007, at Self Regional Medical Center. Born in Greenwood, he was a son of Remonia Adams Witt and the late James Henry Witt. He was a member of Bethel Missionary Baptist Church in Cross Hill.
Survivors include his mother of the home; four brothers, Gregory Phillip Witt of Greenwood, Timothy (Jessica) Witt of McCormick, Darryl (Nellie) Witt of Greenville and Willie Witt of the home; and one sister, Lynda Gail Witt of Brooklyn, NY. The family is at the home. Services will be announced by Robinson & Son Mortuary, Inc. Online condolences may be sent to robson@nctv.com

Opinion

Should the abortion issue determine the presidency?

May 16, 2007

Abortion is an important issue for most South Carolinians. Most, that is, appear to be on one side or the other: pro-life or pro-choice. Then, as with most important issues, there are some who don’t care enough about what goes on around them to even think about it.
There is another line of thought, though. It questions whether the abortion issue is a matter for government or the conscience.
Whatever the arguments are, and there may be some sustainable for every angle, there have to be people who wonder if this is an issue to determine who will or will not be the next president of the United States.

A CANDIDATE, FOR INSTANCE, could be strong on one side of the abortion question or the other and yet be weak on defense, the economy or other social issues.
He, or she, may not have the wherewithal to protect the people of this country from growing threats from without and indeed some from within ..... or the strength to stand toe to toe with other leaders who would love to see the U. S. tumble into a perpetual second-class society.
He, or she, may not have the ability to shepherd along efforts to keep the nation out of economic stagnation or to champion things that guarantee a robust economy beneficial to everyone ..... likewise for maintaining a strong defense.
The point is, unless we have a president who is capable of dealing with Congress to help guide us around the pitfalls of an ever-dangerous world we could indeed face problems we can’t begin to imagine.

THEN THERE ARE THE ADDED pressures of facing down two-bit dictators like Venezuela’s leftist Hugo Chavez, an avowed hater of anything and everything this nation stands for,
A candidate may be strong in all these areas and not be on the “right” side of the abortion issue. Are we secure enough to throw everything else out to make such a consequential decision on that basis alone?
There will be, without doubt, heated arguments on both sides of the abortion question as the presidential derby moves along. There will be many things for voters to consider as they debate with others and themselves. It will be complicated and it will have serious considerations that could impact the very preservation of life as we know it. If we don’t make the right decision we won’t have to worry about abortion, Social Security or anything else. Somebody else, somewhere else, will make the decisions for us.