Post by CCADP on Apr 9, 2006 8:17:12 GMT -5
Judge to decide if Rita Bixby can face the death penalty
In Abbeville, a judge will decide next month if a 73-year-old woman is
eligible to face the death penalty even though she wasn't at the Abbeville
County house where 2 law enforcement officers were killed more than 2
years ago.
Rita Bixby is charged with accessory before the fact of murder, conspiracy
to commit murder and lying to police in the deaths of the 2 officers which
started a 14-hour standoff in December 2003. Authorities say the family
was angry over plans to widen state Highway 72 in front of their Abbeville
home.
Rita Bixby's son and husband are charged with murder. Prosecutors said
they were in the home when the officers were killed and plan to seek the
death penalty in those cases too.
Rita Bixby left the house before the shooting. But "the only reason she
left the home was because she wanted to protect her handicapped son" who
lived in an apartment across town, prosecutor Jerry Peace said.
She knew her husband and son planned violence against any law enforcement
officer who threatened to take any of their land for the highway project,
Peace said.
During a hearing Thursday, Bixby's lawyer said there isn't a single case
where someone with the same charges as Bixby has faced the death penalty
and the prosecution's efforts violate state law and her constitutional
rights.
But Peace said lawmakers could have exempted from the death penalty
statute crimes such as accessory before the fact of murder but did not do
so.
Both sides were asked to submit their arguments by April 21 and Circuit
Judge Alexander Macaulay said he would decide if Bixby can face the death
penalty by May 8.
Several other issues were discussed during Thursday's daylong hearing in
Abbeville.
Attorneys for Rita Bixby's son, 38-year-old Steven Bixby, asked the judge
to keep prosecutors from seeking the death penalty against him because
Abbeville County Sheriff Charles Goodwin knew when their client was
meeting with expert witnesses - information he was not supposed to have.
Macaulay ordered Steven Bixby to the Lexington County jail and told
officials they have the responsibility of keeping his appointments
private.
Steven Bixby is scheduled to stand trial starting Oct. 2 for the deaths of
Abbeville County sheriff's Sgt. Danny Wilson, and state constable Donnie
Ouzts on Dec. 8, 2003. The judge has delayed deciding whether the trial
will be held and where to pick the jury from. He has already ruled Bixby
can't get a fair trial from a jury of people from Abbeville County.
Also during the hearing, portions of the State Law Enforcement Division's
reports on the incident were read in court.
Steven Bixby told SLED agents Wilson unclicked the holster to his sidearm
when he visited the house and told him state highway officials were going
to take their land whether the Bixbys wanted them to or not.
SLED agents wrote that Rita Bixby said she was "proud" of her son not for
shooting a deputy but for defending his property.
Also, Abbeville County deputy Barry New said Wilson was told the Bixbys
might become violent about threats to their land.
"He agreed to go there and talk to the Bixbys," New said. "Nobody (with
the sheriff's office) directed him. One other deputy knew he was going
there, or possibly would go there, but he did not know to go as backup."
At one point during Rita Bixby's hearing, a man not affiliated with the
case asked the judge to hear his motion to have Bixby released from jail.
After hearing about the case on asked to America's Most Wanted" in 2003,
Donald Sullivan said he felt compelled to defend her from what he called
an unlawful prosecution.
Sullivan said he was ready to go to jail for trying to act as Rita Bixby's
lawyer and wanted "to protect Mrs. Bixby's rights."
"I assure you the whole court system of the United States will do that,"
Macaulay said "And some of us are better qualified than others."
(source: Associated Press)
In Abbeville, a judge will decide next month if a 73-year-old woman is
eligible to face the death penalty even though she wasn't at the Abbeville
County house where 2 law enforcement officers were killed more than 2
years ago.
Rita Bixby is charged with accessory before the fact of murder, conspiracy
to commit murder and lying to police in the deaths of the 2 officers which
started a 14-hour standoff in December 2003. Authorities say the family
was angry over plans to widen state Highway 72 in front of their Abbeville
home.
Rita Bixby's son and husband are charged with murder. Prosecutors said
they were in the home when the officers were killed and plan to seek the
death penalty in those cases too.
Rita Bixby left the house before the shooting. But "the only reason she
left the home was because she wanted to protect her handicapped son" who
lived in an apartment across town, prosecutor Jerry Peace said.
She knew her husband and son planned violence against any law enforcement
officer who threatened to take any of their land for the highway project,
Peace said.
During a hearing Thursday, Bixby's lawyer said there isn't a single case
where someone with the same charges as Bixby has faced the death penalty
and the prosecution's efforts violate state law and her constitutional
rights.
But Peace said lawmakers could have exempted from the death penalty
statute crimes such as accessory before the fact of murder but did not do
so.
Both sides were asked to submit their arguments by April 21 and Circuit
Judge Alexander Macaulay said he would decide if Bixby can face the death
penalty by May 8.
Several other issues were discussed during Thursday's daylong hearing in
Abbeville.
Attorneys for Rita Bixby's son, 38-year-old Steven Bixby, asked the judge
to keep prosecutors from seeking the death penalty against him because
Abbeville County Sheriff Charles Goodwin knew when their client was
meeting with expert witnesses - information he was not supposed to have.
Macaulay ordered Steven Bixby to the Lexington County jail and told
officials they have the responsibility of keeping his appointments
private.
Steven Bixby is scheduled to stand trial starting Oct. 2 for the deaths of
Abbeville County sheriff's Sgt. Danny Wilson, and state constable Donnie
Ouzts on Dec. 8, 2003. The judge has delayed deciding whether the trial
will be held and where to pick the jury from. He has already ruled Bixby
can't get a fair trial from a jury of people from Abbeville County.
Also during the hearing, portions of the State Law Enforcement Division's
reports on the incident were read in court.
Steven Bixby told SLED agents Wilson unclicked the holster to his sidearm
when he visited the house and told him state highway officials were going
to take their land whether the Bixbys wanted them to or not.
SLED agents wrote that Rita Bixby said she was "proud" of her son not for
shooting a deputy but for defending his property.
Also, Abbeville County deputy Barry New said Wilson was told the Bixbys
might become violent about threats to their land.
"He agreed to go there and talk to the Bixbys," New said. "Nobody (with
the sheriff's office) directed him. One other deputy knew he was going
there, or possibly would go there, but he did not know to go as backup."
At one point during Rita Bixby's hearing, a man not affiliated with the
case asked the judge to hear his motion to have Bixby released from jail.
After hearing about the case on asked to America's Most Wanted" in 2003,
Donald Sullivan said he felt compelled to defend her from what he called
an unlawful prosecution.
Sullivan said he was ready to go to jail for trying to act as Rita Bixby's
lawyer and wanted "to protect Mrs. Bixby's rights."
"I assure you the whole court system of the United States will do that,"
Macaulay said "And some of us are better qualified than others."
(source: Associated Press)