Phillip Chaney Appeal Granted

Posted in the Childress Forum

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Glen Chaney

Caddo Mills, TX

#1 May 29, 2010
It has been nearly two years since the verdict was handed down by a jury of Phillip Chaney's peers. Some may say that it was a fair trial and he got what he deserved.

The state of Texas 7th court of appeals in a unanimous decision Friday reversed the charge of murder. Six of the nine judges wanted to acquit him and completely exonerate him. Three of the judges were undecided. They will now have to retry him there in Paducah or offer him a plea bargain.

Double indemnity ensures that he can not be tried again for murder. If/when this goes back to court they can only try him for a lesser charge of manslaughter or homicide. The maximum penalty for any charge that can be given at this time is five to ten years. He's served two. He very well will end up with time served and parole for five to ten years.

I am providing a link to the 7th Court of Appeals opinion released yesterday so that all interested parties that want to can read the document. I am also going to contact the Amarillo Globe News that ran the original story as well as the Wichita Falls Times and Record News. If they can run the sensationalist story with the headline "15 Year Old MURDERED by Paducah Man" they can and will run the conclusion to this little epic.

I personally would like an investigation of the entire good old boy judicial system there in Paducah. An investigation of the corruption and crime that gets overlooked if you or your family have money to donate to your judge's favorite charity or your local banker to exert pressure on individuals to sway a verdict. I'm almost positive that there would be some people that wouldn't like for that to happen at all. Maybe that's why your Sheriff is resigning? I'd want to steer clear of that mess myself.

Quote from the movie Tombstone:
Wyatt Earp - "The law is coming! You tell them I'm coming ... and Hell's coming with me! You hear?! Hell's coming with me!"

I love that movie!

Link to 7th Court of Appeals opinion released yesterday.

http://www.7thcoa.courts.state.tx.us/opinions...

For those of you that can't or won't go to the link I have copied the entire document and pasted it here on Topix under the Heading "7th Court of Appeals Opinion Released"

Have fun reading!
medicman

Prescott, AZ

#2 Jun 2, 2010
Yes but some of those who were close and around KNOW what shady things were going on with Lukas and the whole Chaney Family - everyone knows even the family defending them. SAD to defend a murderer - even family.
medicman

Prescott, AZ

#3 Jun 2, 2010
AND ITS THE GOOD OLE BOY SYSTEM THAT IS GOING TO GET HIM OFF! It was all drugs all the time all day in that Chaney home. THAT is why he's dead!
gramps

Paducah, TX

#4 Jun 2, 2010
phillip chaney didnt get half what he deaserved they could have sentenced him to 45 yrs and should have. everyone in that court room knows what happened.were you ther glen chaney?????
NKN

Whittier, CA

#5 Jun 2, 2010
its the good ole boy system that got phillip a 25 year sentence, everyone knows that the heatly and chaney's are family friends
Carla Rushin

Whittier, CA

#6 Jun 2, 2010
Glen,
You go right a head and get Phillip off then let him move to Lavon, Texas with your family.. We don't want him back in Paducah...
CEH

Happy, TX

#7 Jun 2, 2010
Anyone with half a brain knows this was a tragic accident. Even the boys that were there said so.
CEH

Happy, TX

#8 Jun 2, 2010
gramps wrote:
phillip chaney didnt get half what he deaserved they could have sentenced him to 45 yrs and should have. everyone in that court room knows what happened.were you ther glen chaney?????
No one knows what happened except the boys that were there. I seem to remember a teacher that is a wife of a DPS trooper carrying some girls in her car, hit black ice and one girl was killed. Did she commit murder? As tragic as it was Lukas is responsible for his own death.
Glen Chaney

Caddo Mills, TX

#9 Jun 2, 2010
medicman wrote:
Yes but some of those who were close and around KNOW what shady things were going on with Lukas and the whole Chaney Family - everyone knows even the family defending them. SAD to defend a murderer - even family.
Did you not bother to read the opinion from the 7th court of appeals? I'm almost positive that you didn't. If you had you would understand that he DID NOT commit murder. A panel of nine judges went through the entire court proceedings. Ok,...are you with me so far? These nine judges came to the conclusion that he did not commit murder. Well,....in case you STILL don't understand the original court ruling has been overruled by nine,count them , nine Texas Supreme Court Justices. So in conclusion,....you with me still? I know this is hard for you to understand,so I'll go slow,....not,......guilty,.... ...of,.....murder!
Glen Chaney

Caddo Mills, TX

#10 Jun 2, 2010
medicman wrote:
AND ITS THE GOOD OLE BOY SYSTEM THAT IS GOING TO GET HIM OFF! It was all drugs all the time all day in that Chaney home. THAT is why he's dead!
Ok,....let me quote some of the Factual Background directly off of page 3 of case NO 07-08-0476.

"In February of 2005 when Appellant was eighteen years old, he began working as a correctional officer for the Institutional Division of The Texas Department of Criminal Justice at the T.L. Roach Unit in Childress Texas. Appellant lived in Paducah with his younger brother, Bo, and their mother. Two years later, on the afternoon of March 5, 2007, fifteen year old Lucas Taylor, the victim, and Christopher Dominguez Jr. skipped baseball practice, BOUGHT TWO MARIHUANA JOINTS, and drove to see their friend Bo. Another friend, Presciliano Perez ,arrived later."

Emphasis added by me

Who brought what, where? Would you like for me to continue quoting? It will only make your arguments seem more juvenile and completely without merit.

Once again you didn't read the opinion of the court did you? You know, you might learn a little something instead of showing either a lack of attention span and/or complete ignorance of the facts as they stand.
Glen Chaney

Caddo Mills, TX

#11 Jun 2, 2010
gramps wrote:
phillip chaney didnt get half what he deaserved they could have sentenced him to 45 yrs and should have. everyone in that court room knows what happened.were you ther glen chaney?????
Ok,....you're grammar is atrocious number one. By the way there is spell check when you post. When it underlines those words with that little squiggly red line, that means you spelled them wrong.

As to was I there. No. I didn't have to be other than to see the emotion on the faces of those there in the court room. You see, they have this really cool thing in courts now. It's called a stenographer. You know,....they transcribe the entire thing. They even put in the ummmms and the coughs and any other thing that's relevant to the proceedings.

It's called the Freedom Of Information Act of 1974. If you want to shell out enough money you can get a copy just like I did.

You know what? I read it. The ENTIRE thing. It was a complete SHAM. Every witness in that courtroom stated under oath it was an accident. It appears that the 7th court of appeals thought it was a SHAM too or they wouldn't have ruled the way they did now would they?
Glen Chaney

Caddo Mills, TX

#12 Jun 2, 2010
NKN wrote:
its the good ole boy system that got phillip a 25 year sentence, everyone knows that the heatly and chaney's are family friends
Ummm I'm not sure what planet you're living on but anyone can tell you that to be friends with a Heatly you had to have prestige and money and live on the West side of town. Well,....I guess that kind of leaves the Chaney's out of that one huh? lmao

Oh and to refresh your memory here a little bit there was a particular Heatly that was "molested" by a certain coach that was married at one time to my aunt. Do you honestly think they liked us after one of our "family" ,by marriage of course, did that to one of their own? Certainly you jest.

You're probably not old enough to remember that though so I'll let your ignorance slide on that one.
CEH

Happy, TX

#14 Jun 2, 2010
Carla Rushin wrote:
Glen,
You go right a head and get Phillip off then let him move to Lavon, Texas with your family.. We don't want him back in Paducah...
Why in the world would anyone want to live in Paducah? ANYWHERE is better than Paducah!!
CEH

Happy, TX

#15 Jun 2, 2010
medicman wrote:
AND ITS THE GOOD OLE BOY SYSTEM THAT IS GOING TO GET HIM OFF! It was all drugs all the time all day in that Chaney home. THAT is why he's dead!
How do you know what went on in the Chaney home? If the drugs were so bad why didn't the law put a stop to it? In the transcripts of the trial it said Lukas brought drugs to the house.
Lori Chaney-Andrews

Caddo Mills, TX

#16 Jun 2, 2010
Carla Rushin wrote:
Glen,
You go right a head and get Phillip off then let him move to Lavon, Texas with your family.. We don't want him back in Paducah...
Carla,
I feel like I have to post something here. I am sorry that this is even a situation that our or your family is having to go through. I am sorry Lukas is gone, I am sorry that Phillip went to prison for an accidental shooting. I am sorry that no one in either of our families will ever be the same. I do know that Phillip will never move back to Paducah, but I hope and pray that respect will be shown if and when he decides to visit, his Dad and our Grandfather are buried there for God's sake. And I hope and pray that respect will be shown to any other members of our family that still consider Paducah our hometown. I can only speak for myself here but I know that most of us have respect for you and yours. I guess what I am really trying to say is that I know my cousin Phillip did not kill Lukas in cold blood and I also know for those that loved Lukas it is hard to understanding this, I know that if the shoe were on the other foot it would be hard for all of us too. We all need to try to move on, completley. Easy for me to say I know but I also know that Phillip will never be the same either, all because of bad decisions made by all involved.
Lori Chaney-Andrews

Caddo Mills, TX

#17 Jun 2, 2010
medicman wrote:
AND ITS THE GOOD OLE BOY SYSTEM THAT IS GOING TO GET HIM OFF! It was all drugs all the time all day in that Chaney home. THAT is why he's dead!
How do you know, were you there all day all the time? Please don't type things about my family if you did not personally step into the house and see" all drugs all the time all day in that Chaney home". There were many times that I spent many hours with my Uncle Terry and Aunt Kelly and I do not use drugs, did not see drugs, etc.... Leave the gossip and hearsay off of these posts, please. Remember you are speaking in general about all of us and that is unacceptable and slander.
Lori Chaney-Andrews

Caddo Mills, TX

#18 Jun 2, 2010
medicman wrote:
Yes but some of those who were close and around KNOW what shady things were going on with Lukas and the whole Chaney Family - everyone knows even the family defending them. SAD to defend a murderer - even family.
Once again, you encompass the "whole Chaney family" into one bunch this is a slander suit waiting to happen. I figure you know this and that is why you will not post your name. Just like you can't say all people of one color are bad or thieves how can you lump an entire family into one group, and believe me there are a lot of us that you are including in your posts. We do stand behind Phillip, because we are his family,and we know he was not capable of killing in cold blood, but slandering us because of it is ridiculous. You can't tell me each and everyone of you on this silly little forum wouldn't do the same, and if you say you won't then I am glad that I am not part of your family. No one is glad that any of this happened, we all need to MOVE ON.
Open your eyes

Bowie, TX

#19 Jun 3, 2010
Glen Chaney wrote:
It has been nearly two years since the verdict was handed down by a jury of Phillip Chaney's peers. Some may say that it was a fair trial and he got what he deserved.
The state of Texas 7th court of appeals in a unanimous decision Friday reversed the charge of murder. Six of the nine judges wanted to acquit him and completely exonerate him. Three of the judges were undecided. They will now have to retry him there in Paducah or offer him a plea bargain.
Double indemnity ensures that he can not be tried again for murder. If/when this goes back to court they can only try him for a lesser charge of manslaughter or homicide. The maximum penalty for any charge that can be given at this time is five to ten years. He's served two. He very well will end up with time served and parole for five to ten years.
I am providing a link to the 7th Court of Appeals opinion released yesterday so that all interested parties that want to can read the document. I am also going to contact the Amarillo Globe News that ran the original story as well as the Wichita Falls Times and Record News. If they can run the sensationalist story with the headline "15 Year Old MURDERED by Paducah Man" they can and will run the conclusion to this little epic.
I personally would like an investigation of the entire good old boy judicial system there in Paducah. An investigation of the corruption and crime that gets overlooked if you or your family have money to donate to your judge's favorite charity or your local banker to exert pressure on individuals to sway a verdict. I'm almost positive that there would be some people that wouldn't like for that to happen at all. Maybe that's why your Sheriff is resigning? I'd want to steer clear of that mess myself.
Quote from the movie Tombstone:
Wyatt Earp - "The law is coming! You tell them I'm coming ... and Hell's coming with me! You hear?! Hell's coming with me!"
I love that movie!
Link to 7th Court of Appeals opinion released yesterday.
http://www.7thcoa.courts.state.tx.us/opinions...
For those of you that can't or won't go to the link I have copied the entire document and pasted it here on Topix under the Heading "7th Court of Appeals Opinion Released"
Have fun reading!
I read the entire opinion. It seems to me that almost nothing you have said is correct.

The 7th Court of Appeals (not the Supreme Court of Texas, as you later state), determined that there was an error in the jury charge. Specifically, the Court determined that the charge should not have contained the full definition of knowingly, and that the prosecutor should not have argued that Chaney should be held to a higher standard with regards to firearms because of his prior training.

The Court does not exonerate Mr. Chaney. The Court does not say that he can only be charged for lesser crimes. None of that is true. The Court does not state that there is any "corruption" in the judicial system.

Having read the facts as set forth by the 7th Court of Appeals, it seems to me that the best charge in this case is Manslaughter or Criminally Negligent Homicide. Chaney is certainly guilty of that, at the least. And I sincerely hope that he is re-tried and convicted of one of those charges.

Ms. Chaney, you are no different than anyone else who has a friend or relative that is sent to prison. The spouse, father, friend, etc. of the sorriest, most disgusting child molesters, ALWAYS come out and say that the justice system is corrupt, and that their family member/friend was not treated fairly. You are just like those people. Think about that for a minute.
Open your eyes

Bowie, TX

#20 Jun 3, 2010
And where do you get your facts? Manslaughter is punishable by between 2-20 years in prison. If the jury had convicted him of that, and IF they convict him of that at a later trial, he will probably be looking at the maximum sentence. 20 years in prison isn't much different than 25.
Lori Chaney-Andrews

Wylie, TX

#21 Jun 3, 2010
Open your eyes wrote:
<quoted text>
I read the entire opinion. It seems to me that almost nothing you have said is correct.
The 7th Court of Appeals (not the Supreme Court of Texas, as you later state), determined that there was an error in the jury charge. Specifically, the Court determined that the charge should not have contained the full definition of knowingly, and that the prosecutor should not have argued that Chaney should be held to a higher standard with regards to firearms because of his prior training.
The Court does not exonerate Mr. Chaney. The Court does not say that he can only be charged for lesser crimes. None of that is true. The Court does not state that there is any "corruption" in the judicial system.
Having read the facts as set forth by the 7th Court of Appeals, it seems to me that the best charge in this case is Manslaughter or Criminally Negligent Homicide. Chaney is certainly guilty of that, at the least. And I sincerely hope that he is re-tried and convicted of one of those charges.
Ms. Chaney, you are no different than anyone else who has a friend or relative that is sent to prison. The spouse, father, friend, etc. of the sorriest, most disgusting child molesters, ALWAYS come out and say that the justice system is corrupt, and that their family member/friend was not treated fairly. You are just like those people. Think about that for a minute.
Number one, once again, no name to go with a post on here, come on people can you not admit who you are? and number two it's Mrs. Andrews now, please read my name and type it correctly, and lastly I never once said anything about the justice system being corrupt, I even re-read my posts just to make sure I did not say anything like that. I just stated that anyone that has family in prison should at least stand behind them, that is what a family is supposed to do. I also said that I feel horrible for all those involved, including me and mine. Please get your facts straight before posting drivel, there are enough unintelligent people posting on this forum do not add to it.

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