Pipilo erythrophthalmus not Pipilo maculatus
Male Eastern Towhees = Males are striking: bold sooty black above and on the breast, with warm rufous sides and white on the belly. Females have the same pattern, but are rich brown where the males are black. Male Spotted Towhees have jet-black upperparts and throat; their wings and back are spotted bright white. The flanks are warm rufous and the belly is white. Females have the same pattern but are warm brown where males are black. In flight, look for white corners to the black tail. --Cornell Lab of Ornithology
confused these two birds - but the habitat range was wrong on my original ID.
http://identify.whatbird.com/obj/102/_/S... Cornell Lab of Ornithology --- "The Spotted Towhee is a large, striking sparrow of sun-baked thickets of the West. When you catch sight of one, they’re gleaming black above (females are grayish), spotted and striped with brilliant white. Their warm rufous flanks match the dry leaves they spend their time hopping around in. The birds can be hard to see in the leaf litter, so your best chance for an unobstructed look at this handsome bird may be in the spring, when males climb into the shrub tops to sing their buzzy songs."