By By Lisa Tindell – news reporter
There is almost no question as to whether Roger Dixon and Victor Labaron Payne will spend time in prison. A jury has made that decision for both men. But it will be up to Circuit Judges Bert Rice and Bradley Byrne to decide how long they will be in prison.
Sentencing in both cases is set for Wednesday with Dixon's sentencing set for 9 a.m. and Payne's sentencing scheduled for 1 p.m. in the circuit court room at the Escambia County Courthouse.
Roger Dixon was found guilty by a jury on charges of discharging a gun into an occupied vehicle and attempted murder at the conclusion of his trial April 19.
The trial was filled with testimony of an alleged affair, a simmering feud and a drunken night on the road. According to testimony in the trial, Dixon shot at David Jackson and Brady Cary early on May 14, 2005. The incident took place at Maxwell's Quick Stop located at the intersection of Ridge Road and Alabama 41. Cary was in his vehicle, while Jackson was outside of his truck.
Prosecutors in the case contend that Dixon drove his truck in a circle around the pair while they were parked at the gas station. He shot at Jackson and Cary at least four times and hit a gas pump as he drove off. Neither Jackson nor Cary was injured in the incident.
Dixon faces a sentence of 10 years to life on the attempted murder charge and two to 20 years on the charge of shooting into an occupied vehicle.
Victor Labaron Payne will also be spending some time in prison as he faces sentencing on charges of second-degree rape, sexual abuse and enticing a minor for immoral purposes.
Following three days of testimony in a case that ended on March 15, a jury found Payne guilty on all charges.
Each of the charges against Payne is classified as Class B felonies, which carry a possible sentence of at least two years, but not more than 20 years. The possible sentence could see a combined total of at least six years, but not more than 60 years since three charges were levied against him.
The charges against Payne stemmed from accusations by a former student at Escambia County Middle School, where Payne was a teacher. According to the charges, the incidents began when the victim was a fifth-grade student at the school.
During testimony, members of the jury heard taped recordings of Payne's confession to officers on the day of his initial arrest.
In the taped interview, Payne admitted to having sexual contact with the victim on one occasion and admitted to sexual intercourse with the victim on a separate occasion. The jury also heard testimony from the victim and a second student.
Attorney for the defense, Armardo Pitters requested that bond be set for Payne at the close of the trial, however Judge Byrne denied that request.
Payne has been held at the Escambia County Detention Center since the jury returned their verdict.
Payne also will be facing additional charges related to a second victim. A grand jury indictment last month.
Charges against Payne in the second case are rape, first degree; rape, second degree; sexual abuse, first degree; sexual abuse, second degree; and enticement of a child for immoral purposes.
A court date for the new trial connected with the recent indictment against Payne has not been set.