February 16, 2000

The execution by lethal injection of Anthony CHANEY #47141 was carried out at 3:10pm. today in ASPC-Florence. Chaney offered no last words.

Factual Background

Chaney and his "wife," Deanna (he was married to another when he "married" the woman who was also his co-defendant) were out of Arizona when their crime spree began. They burgled several homes in other states before entering Arizona.

At one home they found several guns which they took. After leaving and driving some distance, Chaney decided to re-burgle that home to make sure he did not miss any weapons. Chaney was described as a "gun nut," who knew quite a bit about them.

In New Mexico they were burgling a home when they discovered a late-model black Ford pickup with plates bearing the letters WMD. They transferred their booty to the truck and left their own vehicle somewhere in New Mexico.

They entered Arizona as the 1982 Labor Day Holiday began. They heard that DPS [Department of Public Safety] was setting up roadblocks to check for drunk drivers and they did not want to be stopped, so they decided to find a rural area and camp until the holiday was over.

Later, a Coconino County sheriff's deputy saw them and, because it was unusual to see people camping there, he decided to investigate.

As the deputy approached the campsite, he called in the description of the vehicle and its plates. He drove up behind the pickup and he exited his vehicle. He asked Chaney for identification, and Chaney said it was in his truck and that he would retrieve it.

The deputy talked to Deanna and suddenly Chaney was back with a gun pointed at the deputy's head. Deanna took the deputy's side arm. Chaney told Deanna to give him the AR-15 rifle (the civilian version of the M-16). While Chaney was pointing the rifle at the deputy, he told the deputy to kneel.

The deputy complied and, in fear of losing his life, began talking to Chaney in hopes of avoiding death. He told Chaney about his family and also that Chaney could handcuff him to a tree and thereby escape.

While this was going on, the dispatcher determined that the pickup was stolen and tried to inform the deputy. When there was no answer, the dispatcher called a second officer, who would be the victim, to investigate. Because the area is rural, there was some difficulty in locating the first deputy's exact position.

Chaney, who said he needed "more control" of the situation, handcuffed the first deputy to the tree, told Deanna to disable the two-way radio in the deputy's vehicle, and took its keys. Chaney and Deanna drove off. When he felt it was safe, the deputy took out a spare key and unhandcuffed himself and ran to the radio.

At the same time, the victim was progressing slowly up the dirt road, checking areas along the way. Suddenly he saw Chaney's vehicle. He called in and asked, "Black Ford pickup?" Chaney stopped his vehicle, jumped out with the AR-15 in hand and fired it while advancing on the deputy's vehicle.

The first deputy was talking with the dispatcher describing the assailants when he heard the gunfire; he grabbed his shotgun and ran towards the gunfire.

The victim threw himself to the seat to avoid the bullets as Chaney began firing. Over thirty bullets were fired. Glass and other debris were flying around the vehicle and over two hundred objects struck the deputy. One of the bullets nearly severed the deputy's left arm. Finally, Chaney was within nine feet of the deputy and to his rear. Chaney fired again, leaving powder burns on the victim's body.

Chaney returned to the truck, and he told Deanna: "Murder One" and "reload." As they were leaving, Deanna saw the victim try to drive his car, but he could not. The victim, who was a doctor and only a part-time deputy, was conscious for about thirty minutes after the attack. When the medics arrived he told them: "I'm dying, I'm dying" and "I can't breathe."

Chaney saw two boys in another pickup later in the same general area. He decided to take their pickup because the police had a description of his. Deanna went to the passenger window of the boys' pickup and began talking with them. Chaney came up to the driver's side, pointed his gun at the driver and told the boys to get out. They were told to kneel next to the truck.

After transferring their booty, Chaney told the boys to run. They did but dodged behind trees when they could because both feared a bullet in the back. Before telling the boys to run, Chaney told them that he had handcuffed one deputy to a tree and had shot another.

Chaney headed to Flagstaff to put gas in the pickup he had just stolen. Within minutes the police were in contact with the boys and sent out a description of the new vehicle. In Flagstaff the police spotted the vehicle but hoped to allow Chaney to leave Flagstaff before attempting an arrest.

There were many police cars in the area and Chaney remarked that he was in their midst and they did not realize it. Soon the police realized that surprise was gone and they moved in. After arrest, Chaney asked how the deputy was doing, to which the arresting officer said "shut up."

Procedural background

Chaney was indicted for first-degree murder, kidnapping, aggravated assault, two counts of armed robbery, and one count each of burglary and theft. The State alleged two prior convictions. A jury found Chaney guilty as charged. He admitted the prior convictions.

Finding several aggravating factors and no mitigation, the trial court sentenced him to the maximum terms of 28 years in prison for the kidnapping, 21 years for the aggravated assault, 28 years for each armed robbery, 20 years for burglary, and 11.5 years for the theft.

All sentences are to run consecutively. For the first-degree murder, the sentencing court's special verdict found that the murder was especially heinous, cruel and depraved, and that no mitigation existed. The trial court imposed the death penalty.

On July 26, 1984, the Arizona Supreme Court affirmed the convictions and sentences in State v. Chaney, 141 Ariz. 295, 686 P.2d 1265 (1984).

On March 11, 1985, Chaney filed a petition for post-conviction relief in the Arizona trial court that was summarily denied. The Arizona Supreme Court subsequently denied review on August 20, 1985.

On October 8, 1985, Chaney filed a petition for writ of habeas corpus in the district court. That court summarily denied relief. In Chaney v. Lewis, 801 F.2d 1191 (9th Cir. 1986), cert. denied, 481 U.S. 1023 (1987), the Ninth Circuit Court of Appeals affirmed the lower court’s summary dismissal of factual issues and legal issues, but remanded the case for consideration of the remaining eight mixed questions of law and fact.

After considerable delay that included a change of counsel for Chaney, Chaney filed an amended petition in the federal district court on September 1992, adding five new issues. The State filed its response on November 3, 1992.

On August 6, 1992, Chaney sought a stay in the district court to return to state court and file another petition for post-conviction relief. The State unsuccessfully opposed this. The district court stayed the federal habeas corpus action on March 31, 1994, to allow Chaney to complete a second state post-conviction relief proceeding in State court.

Chaney returned to state court and filed a second unsuccessful petition for post-conviction relief raising seven issues. The Arizona Supreme Court eventually denied review on June 29, 1995.

Finally on December 28, 1995, the federal district court rejected all 20 of Chaney’s habeas claims.

Chaney appealed and lost in the Ninth Circuit on September 11, 1998. Chaney v. Stewart, 156 F.3d 921 (9th Cir. 1998). Chaney did not timely file his subsequent petition for writ of certiorari and it was rejected on that ground by the United States’ Supreme Court.

In the meantime in April 1998 Chaney had filed a second petition for post-conviction relief in the state trial court. That court denied relief on November 9, 1998, and the Arizona Supreme Court subsequently denied review.

On June 17, 1999, the State requested that the Arizona Supreme Court issue a warrant of execution.

Chaney then filed a third post-conviction action in the trial court. The trial court granted his motion to withdraw that action on October 25, 1999.

Chaney filed in the Arizona Supreme Court several unsuccessful requests to reopen the case or delay the execution on the ground that the United States Supreme Court was going to reconsider its decision in Walton v. Arizona, 497 U.S. 639 (1990).

The Arizona Supreme Court issued the warrant of execution on January 6, 2000 for February 16, 2000.