Michael Gene Blakley

Case identification

Defendant: Michael Gene Blakley ADC#: 152228

Status and legal outcome

Blakley was sentenced to death on June 23, 2000. He was resentenced to life in prison without parole on July 11, 2003.

Timeline

• April 1998 — Blakley met Melissa Behunin.
• July 18, 1998 — Blakley was babysitting Shelby, Behunin’s child; Shelby suffered fatal injuries while in his care.
• July 21, 1998 — Blakley and Behunin went voluntarily to the Bullhead City Police Department for an interview; Blakley was read and waived Miranda rights.
• February 8, 2000 — Start of trial.
• February 17, 2000 — Verdict: Blakley was found guilty.
• June 23, 2000 — Sentencing: death sentence imposed.
• July 11, 2003 — Resentencing to life in prison without parole without the possibility of parole.

Background

Michael Gene Blakley was charged with one count of first degree murder and two counts of sexual assault. He was living with Melissa Behunin and her sixteen-month-old daughter, Shelby. Blakley lost his job at a fast food restaurant, and the couple moved into a motel room at the Arizona Clearwater Hotel in Bullhead City. Behunin started a job at a nearby assisted living facility and Blakley began taking care of Shelby while she was working.

Blakley moved in with Shelby’s mother at a motel in Bullhead City.

The offence

On July 18, 1998, Shelby, Behunin’s nineteen-month-old daughter, started crying and woke her mother. Shelby had apparently fallen off the sofa sleeper and had a bruise over her left eye. After Behunin left for work around 12:45 p.m., Shelby was acting normally.

At about 4:23 p.m., the hotel manager called 911 and reported that the baby was not breathing. The manager reported that the defendant had requested he call 911 immediately prior to this. The 911 dispatcher called back to the defendant’s room and instructed the defendant on how to give the child CPR.

When paramedics arrived, Shelby was rushed to a local hospital. Because of the severity of her condition, Shelby was taken by helicopter to Sunrise Hospital in Las Vegas, Nevada. A few hours after arriving in Las Vegas, Shelby was pronounced dead.

Hospital personnel contacted authorities and told them Shelby had suffered anal and vaginal trauma. A medical examiner concluded that Shelby died from either blunt force trauma to her head or from suffocation. Dr. Diane Lipscomb, a pediatric critical care physician, noticed bruising and signs of trauma to Shelby’s vagina and rectum. The medical examiner testified that Shelby died of anoxic encephalopathy, lack of oxygen to the brain, and found evidence of blunt force trauma to the head. The examiner found that Shelby had a vaginal abrasion and a 3/8 inch tear in her rectum. The examiner opined that the genital injuries appeared to have been recent and within the same general time period as the head injuries, and believed the child was suffocated, most likely by having her mouth and nose covered.

Investigation

Detectives interviewed Blakley on July 21, 1998. The defendant and Behunin voluntarily went to the Bullhead City Police Department to be interviewed. Blakley was interviewed first, and the interview was conducted by two police detectives along with two Child Protective Services Investigators. Blakley was read and waived Miranda rights.

Blakley initially denied having sexual contact with Shelby, but later admitted he placed his index finger in her vagina and rectum. After being informed that the damage to Shelby’s rectum was inconsistent with his story, Blakley admitted that he actually used his penis.

During the police interview, Blakley stated that after Melissa left for work he washed the dishes and then gave Shelby a bath, then laid her down on the bed and laid down with her. He stated that several minutes later he got up for a drink and noticed she was not breathing.

After the police confronted him with the three hours unaccounted for in his story, he admitted that he digitally penetrated the victim’s vagina, digitally penetrated her rectum, and placed his penis in her rectum. He stated that after he had done this she was “fussing” and when he laid her down to take a nap she was crying. He said he placed his hand over her mouth and possibly her nose for five minutes and she quieted down.

A statement describing the defendant’s actions was that he put his hand over Shelby’s mouth because she was crying.

After the interview, Blakley was placed under arrest.

Arrest and charges

Blakley was charged with two counts of sexual assault and one count of murder in the first degree.

Trial

Presiding Judge: Steven Conn Prosecutors: Matthew Smith Defense: Ken Everett & Christian Ackerley Start of Trial: February 8, 2000 Verdict: February 17, 2000

A jury found Blakley guilty of all counts.

Sentencing

Sentencing: June 23, 2000

The court sentenced Blakley to death on the first degree murder charge. He was also sentenced to two consecutive life sentences without the possibility of parole for thirty-five years on the sexual assault counts.

Aggravating Circumstances:

• 703(F)(9) — victim under the age of 15
• 703(F)(6) — especially cruel, heinous, and depraved

Mitigating Circumstances:

• 703(G)(5) — age (20-years-old) lacked specific intent to kill (non-statutory)
• Victim’s mother did not want Blakley to receive the death penalty (non-statutory)

Appeals and resentencing

An automatic appeal was filed pursuant to Arizona Rule of Criminal Procedure 32.1(B).

Blakley was resentenced to Natural Life without the possibility of Parole. The case was listed as State v. Michael Gene Blakley with CR-00-0360-AP.

People and victims

Victim: Shelby (Behunin’s daughter; Caucasian) Victim’s mother: Melissa Behunin (mother of Shelby) Defendant: Michael Gene Blakley (Caucasian)

Other details

Blakley called 911 at approximately 4:20 p.m. and reported that Shelby was not breathing. Blakley told investigators that Shelby had fallen out of bed at 5:30 a.m., but appeared to be fine the rest of the day. After Shelby’s mother left for work, Blakley explained that he put Shelby down for a nap, but when he checked on her he noticed she was not breathing.

The manager went to the room, where he found Blakley standing by a dresser and Shelby lying on the floor. Shelby was taken to an emergency room where she died.

A court record listed: Michael G. BLAKLEY ADC# 152228 - 7/11/03- Re-sentenced to Natural Life without the possibility of Parole.