 Arthur Bixby was later arraigned on charges similar to those against Steven.Prosecutors originally planned to seek the death penalty for all three Bixbys, but on August 23, 2006, Circuit Judge Alexander Macaulay ruled that the death penalty was not an option in Rita's case, a ruling that prosecutors appealed to have overturned by the South Carolina Supreme Court.In "State v. Bixby", 373 S.C. 74, 644 S.E.2d 54 (2007), the South Carolina Supreme Court affirmed the trial court's decision that Rita Bixby was ineligible for the death penalty under South Carolina law because she was merely charged with accessory before the fact of murder.