Dispute Over Land Prompts 13-Hour Standoff Between a Family and Deputies; Two Officers Killed

AP via TBO ^ | December 9,2003 | Jeffrey Collins

[John W]

ABBEVILLE, S.C. (AP) - A father and son angered by a state plan to seize some of their land allegedly shot and killed an officer who went to the home, sparking a 13-hour standoff that ended in a "horrendous gunfight" in which another officer was killed, authorities and neighbors said. At least 100 officers surrounded the rural home of Arthur Bixby in western South Carolina on Monday. Bixby's wife then holed up in an apartment in town and threatened to shoot bystanders if her husband or son were injured; she was promptly arrested, State Law Enforcement Division Chief Robert Stewart said.

It began Monday morning when a magistrate's officer went to the house in a rural part of the state to follow up on an incident from the previous week involving a dispute between Department of Transportation workers and someone from the house, officials said.

When the officer failed to return, two deputies went to the Bixby home looking for him.

What happened next is unclear, but the deputies called for help and law enforcement officials surrounded the home, and the standoff began.

Eleven hours later, officers unsuccessfully tried to storm the home and were shot at with powerful weapons, Stewart said.

"I've never seen so much force," Stewart said. None of the family members tried to negotiate with officers during the standoff.

"This was planned," Stewart said.

The gunfight lasted about 10 minutes and police fired tear gas inside the home. Bixby's son, 36-year-old Steven Bixby, surrendered. Two hours later, officers entered the home and arrested Arthur Bixby, who apparently was wounded in the gunfight. He was hospitalized and his condition was not available early Tuesday.

No formal charges had been filed as of early Tuesday.

At some point during the standoff, the Bixbys destroyed two remote control robots authorities sent into the house to figure out what was happening, Stewart said.

Inside the home, authorities found a dead deputy and what they described as anti-American literature and suicide notes. Similar material also was found inside the apartment in town where Bixby's wife was arrested. Authorities did not say whose apartment it was.

Stewart said the family had prepared for the standoff and fortified the house's doors to make it harder for police to break in.

Authorities identified the two dead officers as Danny Wilson and Donnie M. Ouzts.

Ouzts apparently had been shot from a distance with a rifle, state Public Safety spokesman Sid Gaulden said; Wilson was found inside the home. Authorities would not say which one first went to the house.

Gene Land, Bixby's neighbor who lives about a half-mile away, said Steven Bixby was angry because the state planned to take some of his land to widen the highway. The Bixbys had lived in the house for more than 10 years, Land said.

A dispute Thursday between state transportation workers and someone from the home on Highway 72 precipitated the incident, DOT spokesman Pete Poore said.

AP-ES-12-09-03 0519EST

[Poohbah]

Did you listen to all of the video? He said that the constable kicked in the door after having it slammed in his face.......no warrants......not smart!!!!!

Yeah, it's generally pretty stupid to slam the door in the constable's face after threatening highway construction workers on state land.

[countrydummy]

Yes I do, I am under threat myself! By DOH and the NPS!

[countrydummy]

it was more stupid for the sheriff to kick the door in without warrants!

[Poohbah]

it was more stupid for the sheriff to kick the door in without warrants!

Actually, it may or may not have been. After communicating death threats, slamming the door in the constable's face may very well raise a necessity defense on the issue of unwarranted entry--i.e., the constable had reason to believe that Bixby posed an immediate threat to the life and limb of others.

Contrary to popular belief, threats of extralegal violence are not protected speech.

[tcuoohjohn]

Yep...Odd..I figured this was another of those Texas ' sovereignty' goofballs.

[Ben Ficklin]

Unfortunately we wonn't be able to hear that man's side of the story since he got bushwhacked by your mad dog heroes.

[Poohbah]

Unfortunately we wonn't be able to hear that man's side of the story since he got bushwhacked by your mad dog heroes.

He was apparently shot in the back while cuffed.

Some "heroes."

[hedgetrimmer]

There is one other thing that needs to be taken into account. People become attached to their land. Now the story said the family had been there 10 years, but look what happened at the Darby. Family farms that had been owned by the same families for 300 were going to be taken through eminent domain for a 'wildlife refuge' run by a non-governmental organziation-- thats corruption.

In California churches property is taken by eminent domain so that private developers can make money off them, absolute corruption.

Years ago in this country there was more respect for private property and all citizens participated in discussions about using eminent domain, and made dang sure that eminent domain was used for the right reasons and not as a political payback to some developer or other contributor.

[countrydummy]

You know that really does not even deserve a reply....except this one.

[Poohbah]

Well, the guy who owned the land in 1960 sold an easement to the state of South Carolina. The folks who bought it in 1994 apparently couldn't read a plat.

[hedgetrimmer]

Did he sell the easement then sell the land not telling the owners of this? Does the easement remain part of the property until the time it is to be taken? Does the deed have to show that the new owners purchased a land with an easement on it that could be exercised while they hold the property? There could have been a crooked deal, the deed might not have declared the easement since it was done in 1960 who knows?

[Poohbah]

Did he sell the easement then sell the land not telling the owners of this?

Since the surveyor's plat gets updated with the easement, it's part of the due diligence while the property is in escrow. When I bought my new home last year, I had the sidewalk easement spelled out in mind-numbing detail by the escrow agent when I signed the closing papers.

Does the easement remain part of the property until the time it is to be taken?

Generally, once the easement is sold, the easement goes into effect immediately, and anything on that easement is now at risk.

Does the deed have to show that the new owners purchased a land with an easement on it that could be exercised while they hold the property?

Yes.

There could have been a crooked deal, the deed might not have declared the easement since it was done in 1960 who knows?

Trust me, they knew about easements and recording them in 1960, even in poor, benighted South Carolina. My house was build in 1966, and the easement for the sidewalk was spelled out to within an inch of the easement's life. Since the state owned the easement, it was undoubtedly recorded on the surveyor's plat filed at the county assessor's office.

[ladyinred]

How terrible. Imminent domain is something everyone knows exists, and they have to pay you market value. To kill law officers over this is just horrendous. These were obviously deranged people.

[MediaMole]

These photos from a photojournalist's perpective

A SLED attack vehicle moves into position beside the house with the gunman which is in the background, on the left. . SWAT officers can be seen beside another house to the right which was not involved in the shooting. STAFF photo by Owen Riley Jr.

This photo is taken from at least 1/2 mile away with an extreme telephoto lens of 400mm or greater.
1.The gunman's house is at the left. We cannot see his front yard.
2.The exteme lens distorts the apparent distances, so there is no way to accuately judge how close the house on the right is to the road. The two swat members are some distance from the road judging from the apparent height of the dirt mound which is actually only two or three feet high as evidenced by the squad on the left.(The dirt appears to get higher as it gets closer to the photographer on the right.)
3. There are 5 distinct visual planes. The out off focus foliage which is close to the photographer, the road with the street sign. The squad. The near house and APC. The Bixby house.
One of two robots controlled by SLED rests beside a sheriff's car near the SWAT command. STAFF photo by Owen Riley Jr.

This is taken some distance away. This was taken with a shorter lens, 200mm judging from the apparent distance between the squads.

AT SWAT command law enforcement officers gather Monday afternoon. The van to the left is where officers are controlling the SLED robot which was on the front porch of the shooter's home. according to Sid Gaulden , PIO for public safety.

This is also some safe distance away from the Bixby house. The building to the right is apparently a church or business, judging by the design of the windows and the sign visible in the background. The photographer was not very far away from the officers, which also indicates it was a safe distance from the Bixby house.

A sniper can be seen on the ground to the left, where Highway 72 is being widened across from the house where the shooting occured. Monday. STAFF photo by Owen Riley Jr.

This gives a good example of the distortion of a very long telephoto lens. There are no landmarks to show how close the Bixby house is from the road.

Fire bombs go off as SWAT members storm the house on Highway 72 in Abbeville. STAFF photo by Owen Riley Jr.

Again, it is very hard to tell how close the Bixby house is to the road, but there is room for a squad to park between the road and the front of the house.

[Cultural Jihad]

I read that the loons purchased the home in 1999.

[Comcast]

Federal statues forbid the taking real and personal. 42 usc 1982; Property rights of citizens. www.landrights.com.

[jart]

....but if you refuse to pay your income tax, eventually
people with guns will come to arrest you.
the power of government is the power of the gun.
you sound like an obedient sheeple slave to me.

[Old Professer]

May turn out to be the only option; until everybody else figures out where you live.

[Old Professer]

Anybody who knows anything knows that governments steal land, what's your point?

[SevenDaysInMay]

At least the cops used the same fire bombs used at Mt. Carmel near Waco 19 April 1993.

When people get cornered, they lash out. The poor cop was doing his his job and was killed by people screwed by the authorities.

Clever shooting to take out the toys.

FYI: More and more real estate is condemned for use by more profitable or higher sales tax income enterprises for the state, at, below, or above market value estimates. However, true market value is established by a cooperative buyer and seller.

Some government employees involved in the condemnation negotiations then take jobs with the businesses directly benefitting from the condemnations. - This corruption is an excellent example of fascism in America.

We do not know what happened, but in today's agenda reporting, IMO, a copy of our Declaration of Independnence and Bill of Rights is anti-government because it is pro-ratified Constitution.