South Carolina death row inmate invokes 'sovereign citizen' defense in bid to avoid execution

Attorneys for a South Carolina decease enactment inmate whose execution is imminent are making a last-ditch statement that their lawsuit is incompetent to beryllium executed partially due to the fact that of his content that helium is simply a sovereign citizen.

Steven Bixby and his father, Arthur Bixby, led a 12-hour weapon conflict with instrumentality enforcement successful Abbeville, South Carolina, connected Dec. 8, 2003, that resulted successful the deaths of 2 constabulary officers. 

The standoff, during which thousands of rounds of ammunition were exchanged betwixt the Bixbys and police, stemmed from an effort by the South Carolina Department of Transportation to widen a road by utilizing an easement connected Bixby property. The Bixbys claimed that the easement was fabricated, oregon successful immoderate lawsuit irrelevant. 

The family, including Bixby's parent Rita, was good known for their sovereign national beliefs. 

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Charles Grose speaks to his client, Steven Bixby, arsenic blameworthy verdicts are work successful Bixby's trial, Sunday, Feb. 18, 2007, successful Abbeville, South Carolina. (AP Photo/Sefton Ipock, Pool)

The FBI labels sovereign citizens arsenic extremists and characterizes them arsenic radical who judge they are sovereign from the United States authorities and frankincense bash not person to reply to authorities authorities, including instrumentality enforcement, courts, taxing entities and others. At best, they are a loosely affiliated radical who clasp akin beliefs, but astir sovereign citizens enactment connected their ain without immoderate cardinal enactment guiding them. 

They are besides known for filing lawsuits against authorities authorities, a trait embodied by Rita Bixby, who filed unsuccessful lawsuits against authorities entities. 

After the standoff, Steven Bixby was charged with 2 counts of execution and 1 number of transgression conspiracy, and sentenced to decease successful February 2007. Arthur and Rita Bixby were charged successful the onslaught too, and some were sentenced to beingness successful prison.

After exhausting his appeals by 2010, Bixby's days were numbered. However, the authorities faced a shortage of lethal injection drugs, and indefinitely paused each executions. A 2021 authorities instrumentality allowed decease sentences to resume via firing squad oregon electrocution. After years of litigation, the authorities executed its archetypal decease enactment inmate successful 13 years, opening the doorway for Bixby's execution. 

Bixby was acceptable to beryllium executed past May, until a justice postponed his execution day to find if helium is mentally competent. 

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Now, his attorneys accidental helium cannot beryllium executed due to the fact that helium doesn't conscionable the state's two-pronged trial to state competency for execution. 

The archetypal prong echoes that of the U.S. Supreme Court's lone competency test: whether a idiosyncratic understands that they are going to beryllium executed, and why. 

The South Carolina Supreme Court has a 2nd prong, established successful the 1993 lawsuit Singleton v. State: whether a idiosyncratic is capable to rationally pass with their counsel. Bixby's lawyers are arguing that due to the fact that of his ardent content successful sovereign citizenship and due to the fact that of his undying admiration and loyalty to his parents, helium was genuinely incapable to recognize that helium faced the decease punishment and that helium could not pass rationally with his lawyers. 

Steven Bixby talks to the media during a interruption successful his arraignment connected Dec. 9, 2003, arsenic instrumentality enforcement officers look connected successful Greenwood, South Carolina. (AP Photo/Mary Ann Chastain)

Michael Meltsner, prof emeritus of instrumentality astatine Northeastern University, provided commentary connected the 2021 Darrell Brooks case, and spoke with Fox News Digital astir Bixby's case. Brooks claimed to beryllium a sovereign national and represented himself successful tribunal aft mowing down guiltless radical and sidesplitting six astatine a Christmas parade successful Waukesha, Wisconsin. He was sentenced to six beingness presumption positive 700 years successful situation for his crimes. 

"Well, archetypal of all, conscionable due to the fact that you person a brainsick belief, it does not service arsenic a defence to either a transgression oregon an execution nether the prevailing Supreme Court standard," Meltsner said. "The lone mode that could beryllium applicable to what the proceeding would beryllium astir is if it was applicable to the ineligible modular for insanity oregon the ineligible modular for having specified a superior intelligence information that you can't beryllium executed."

But Meltsner said the South Carolina Supreme Court tin person broader standards for execution than the standards acceptable distant by the U.S. Supreme Court. 

"Of course, South Carolina could determine that the authorities tin person a ‘higher' oregon ‘better’ modular than the law one," helium said. "The South Carolina courts could decide, well, helium can't pass with his lawyer and truthful we're not going to execute him."

The South Carolina Supreme Court (Tracy Glantz/The State/Tribune News Service via Getty Images)

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As for whether Bixby's sovereign citizenship makes him insane, and whether that statement volition clasp up successful court, Meltsner doesn't know. 

"Well, it's a factual matter," helium said. "It could beryllium a unspeakable disability, and this feline sounds reasonably crazy. It besides could beryllium astatine the different extremity of the continuum. It could beryllium malicious and manipulative. But arsenic a wide matter, you tin reason immoderate damn happening you privation successful court. It's up to the courts to determine what it means."

Bixby inactive maintains that helium was acting successful self-defense and defence of his property.

Fox News Digital reached retired to Bixby's attorneys. 

The Bixby standoff

The Bixbys were longtime sovereign citizens stemming from their days surviving successful New Hampshire, wherever Rita was a perpetual litigant against the authorities and wherever Arthur was arrested for ignoring a court's bid to wage $850 for much than 3 years aft a judgement against him. 

Steven Bixby near New Hampshire for South Carolina successful the 1990s aft a warrant for his apprehension was issued for driving drunk without a licence and skipping meetings with his parole officers. His parent and begetter followed soon thereafter, owed to a menace of foreclosure connected their location for not paying taxes. 

The FBI defines "sovereign citizens" arsenic extremists. (Getty Images)

The South Carolina onshore quality began successful the aboriginal 2000s, erstwhile the authorities notified the Bixbys that their spot had an easement, deeded by a erstwhile proprietor of the onshore to the state, allowing the authorities to usage 20 feet connected the borderline of the spot to widen Highway 72 adjacent to the spot if the authorities truthful chose. 

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In 2003, the authorities was opening the widening process and onshore surveyors were making markings connected the spot to statesman the job, causing hostility betwixt authorities authorities and the Bixbys. 

On the greeting of Dec. 8, 2003, a surveyor called the constabulary connected Steven and Arthur Bixby for threatening him.

Abbeville County sheriff’s Sgt. Danny Wilson responded to the telephone and was instantly changeable by Bixby. He was dragged wrong the Bixby home, shackled with his ain handcuffs, and died sometime during the 14-hour standoff that ensued. 

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State constable Donnie Ouzts responded aft communications from Wilson ceased. He, too, was instantly changeable and killed by Bixby connected the beforehand tract of the property. 

After a 14-hour gunfight with SWAT teams and instrumentality enforcement from astir the state, Steven and Arthur Bixby were yet arrested.