BY JEFFREY COLLINS, The Associated Press
GREENWOOD, S.C. (AP) -- A former New Hampshire man invoked that state’s “Live Free or Die” motto as justification for killing two police officers in South Carolina.
Steven Bixby, 36, said he was just defending his parents’ home against something like the standoffs between federal agents and armed citizens in Ruby Ridge, Idaho, and Waco, Texas. He was in court for an arraignment Tuesday, along with his 71-year-old mother, Rita.
He said he acted in self-defense because sheriff’s Sgt. Danny Wilson, 37, tried to force his way into the home on Monday.
Wilson went there after highway workers widening the road reported someone had threatened them.
“If we can’t be any freer than that in this country, I’d rather die,” Bixby said.
A second officer was killed as he got out of his cruiser.
At his court appearance, Bixby said he was from New Hampshire and cited various parts of that state’s constitution and federal law to back his contention that deputies came to his parents’ home illegally.
Bixby is wanted in New Hampshire on probation violations stemming from 1992 driving convictions, the Grafton County, N.H., sheriff’s department said.
Bixby, his face still puffy and red from the tear gas officers pumped into the home during the standoff, did not answer when a reporter asked him if he was a member of a militia, saying anyone who believes in the right to bear arms belongs to a militia.
“I love this country,” Bixby said in front of a dozen police officers providing security to the courtroom. “I just can’t stand the bastards in it.”
Authorities say the shootings were part of a plan the Bixbys had to deal with any officers who came onto their property.
Bixby and his 74-year-old father, Arthur, held police at bay for about 13 hours. Police say the gunfight was so fierce, they almost ran out of ammunition.
Wilson and the other officers were walking into a trap, authorities said. The Bixbys had formulated a plan and “set it into motion next time any officer came to their property,” State Law Enforcement Division Chief Robert Stewart said.
Arthur and Steven Bixby have been charged with two counts of murder and criminal conspiracy, while Rita Bixby is charged with accessory before the fact of murder, criminal conspiracy and misprision of a felony, which is failing to report the planning of a crime.
If convicted of killing a police officer, all three are eligible for the death penalty. If prosecutors choose not to seek that punishment, each could be sentenced to 30 years to life in prison if found guilty of the murder charge.
In New Hampshire, Grafton County Sheriff’s Capt. Paul Leavitt said Bixby was convicted in 1992 of driving with a revoked license and drunken driving. Two years later, an arrest warrant was issued after Bixby did not contact the state to open a probation case, and for not paying his fine. Leavitt said investigators who searched for him at the time believed he already had moved to South Carolina.
The court renewed the warrant in October of this year, based on the probation violations.
Leavitt said the only contacts in his file were for the driving convictions and probation violations.
“We don’t have anything in this file that indicates assault or that he was a violent person,” he said.
In South Carolina, Wilson, the sheriff’s sergeant, was killed shortly after he entered the home at 9:15 a.m. Monday, authorities said. An arrest warrant said he was shot in the chest and Stewart said Wilson’s hands were handcuffed behind his back when agents found his body about 12 hours later.
After Wilson failed to call in, sheriff’s Lt. Deborah Graham went to the home to check on him. A few minutes later, constable Donnie M. Ouzts, 63, arrived. As Ouzts stepped from his car, he was shot in the back. Graham managed to escape unharmed.
About 15 minutes later several officers dragged Ouzts away from the home, but authorities say he died on the way to the hospital.
While Steven and Arthur Bixby held police at bay, Rita Bixby holed up in her son’s Abbeville apartment and threatened to begin killing bystanders if her husband or son were hurt, Stewart said. Rita Bixby surrendered peacefully after several hours.
Arthur Bixby was shot in the chest and remained in the hospital Tuesday, Abbeville Sheriff Charles Goodwin said. His condition was not available.
The Bixbys were angry about the road widening that would take about 20 feet of their land, the state Transportation Department said. The state said it purchased the right of way from the previous landowner more than 40 years ago.
The dispute was the first time deputies had any problems from the Bixbys, Goodwin said.
Arthur and Rita Bixby wrote a letter to several state officials just days before the standoff complaining about the start of construction work and claiming the state illegally obtained the land from the previous owner.
“General John Stark, of New Hampshire, said: ‘Live Free Or Die!”’ the Bixbys wrote. “We the undersigned echo those sentiments!”
Wilson was single. He was hired by Abbeville County in April 1996 and promoted to sergeant this past June, Goodwin said.
The slain deputy was a “very outstanding young man, very dedicated,” Goodwin said.
The sheriff also knew Ouzts, a father of two, who occasionally assisted deputies. “That’s what he was doing on this particular day,” Goodwin said. “Helping his fellow man.”