Michael Roy Toney

Identity

• Michael Roy Toney (December 29, 1965 – October 3, 2009)
• Name as recorded: Michael Roy Toney
• TDCJ Number: 999314
• Date of Birth: 12/29/1965
• Gender: Male
• Race: White
• Hair color: Brown
• Eye color: Hazel
• Height: 5' 7"
• Weight: 172
• Native County: Native
• Native State: Prior Occupation: carpenter, laborer
• Native county and native state were recorded as “Native”

Background

Michael Roy Toney grew up in Cottonwood, California, about 90 miles away from Sacramento. His father left the family early. His mother worked in local taverns and brought home men who beat her and her sons. Michael often retreated to a shed.

When Toney was 9 or 10 years old, one of his mother’s boyfriends strapped him to a chair, duct-taped his wrists down, and set fire to his hands.

When Toney was 15, another of his mother’s boyfriends attacked him with a fishing gaff and gouged a huge hole in his hip.

He quit school before the 10th grade and left for Texas, settling down in Hurst-Euless and the Bedford area of Tarrant County.

Toney married a woman named Kim when he was 38 years old.

Timeline

• 11/28/1985 — Three members of the Blount family died as a result of a briefcase bomb in Lake Worth, Texas; another male and female were injured by the explosion.
• 06/10/1999 — Toney was sentenced to death.
• 12/17/2008 — The conviction was overturned by the Texas Court of Criminal Appeals.
• 09/02/2009 — All charges were dropped by the State of Texas; Toney was released from custody.
• 10/03/2009 — Toney died in an auto accident near Rusk, Texas.

The offence

On the evening of Thanksgiving Day, November 28, 1985, in the Hilltop Mobile Home Park between Lake Worth and Azle, Texas, three members of the Blount family were instantly killed by an explosion caused by a bomb in a briefcase.

Joe Blount, his daughter Angela Blount, and Angela’s cousin Michael Columbus were killed when the briefcase exploded. The briefcase was reportedly found on or near the steps of their home.

In addition to the three killed, another male and female were injured by the explosion. The victims were described as “2 males and 1 female” for the fatalities in the case record.

Names and ages recorded for the deaths:

• Joe Blount was 44 years old.
• Angela Blount was 15 years old.
• Michael Columbus was 18 years old.

Victims

The case record listed the fatal victims as:

• 2 males and 1 female

The narrative identified:

• Joe Blount (44)
• Angela Blount (15)
• Michael Columbus (18)

It also described additional survivors:

• Susan Blount
• Robert Blount A separate narrative passage described a mother and 14-year-old brother as surviving.

Investigation

A briefcase with a bomb was found on or near the steps of the home. After the explosion, the case remained unsolved for 14 years, and no motive was determined during the period described before indictment and arrest.

The bombing investigation was described as the longest running investigation in the history of the Bureau of Alcohol, Tobacco and Firearms. It was featured on the television shows “America’s Most Wanted” and “Unsolved Mysteries.”

Arrest and prosecution

In June 1997, Toney was in jail awaiting a hearing for a burglary that happened in 1993.

Toney stated that “At least not until my indictment and arrest on December 4th, 1997.” The case record narrative included this statement as part of Toney’s account.

Toney was indicted for capital murder of multiple victims in regard to the bombing. The narrative stated that months had passed and that Charles “Jack” Ferris changed his story about Toney’s alleged confession.

Evidence withheld and case handling after appeal

The Tarrant County District Attorney’s Office withheld 14 pieces of evidence that were described as key to Toney’s defense. After that, the case was turned over to the Attorney General of Texas.

In January, the district attorney’s office recused itself from the case “to avoid the appearance of impropriety,” said District Attorney Joe Shannon. The attorney general’s office reopened an investigation.

Dismissal after release

The Texas attorney general’s office dropped the charges against Michael Roy Toney, and he was released from the Tarrant County Jail in Fort Worth.

A dismissal motion included a statement from state prosecutor Adrienne McFarland that “there was not enough time to complete an independent investigation before the Thursday deadline.” The state could refile charges if the investigation warranted it.

Susan Blount stated that the attorney general’s office notified her about Toney’s release so she would not be surprised and that it was still intended to retry the case.

Trial

Setting

The trial began in May 1999 in Fort Worth, Texas.

The narrative stated that Susan and Robert Blount gave their testimony.

Witness testimony described in the record

• Toney’s ex-wife (“Ms. Toney”) testified that she, Toney, and his best friend Chris Meeks went to a propane shop adjacent to the Hilltop Mobile Home Park. She testified that Toney got out of the truck with a briefcase and disappeared, then returned without the briefcase, and they went to the Nature Center and stayed for several hours. Her testimony included that Toney shot a beaver with a rifle while they were at the Nature Center.
• A cellmate, Finis Blankenship, testified that Toney told him he was paid $5,000 for the murders. Blankenship also testified that the murders were part of a drug-related hit, but the bomb was put on the wrong doorstep.
• Blankenship testified in the second phase of the trial to help the jury decide whether Toney deserved to be executed. The narrative also stated that Blankenship faced two counts of indecency with a child and habitual-criminal charges and testified that he agreed to testify against Toney in exchange for having the charges dropped. The narrative then stated that Blankenship later said his testimony was a lie.
• Chris Meeks’s testimony did not coincide with all of Ms. Toney’s testimony in many ways, and Meeks changed his story four times.
  • Initially, he told investigators that he knew nothing about the bombing and also failed a polygraph test.
  • In 2001, he signed an affidavit taking back what he said during his testimony.
  • Meeks was quoted as: “My testimony about the events that happened on Thanksgiving day, 1985, may not have happened on that day.”

Ex-wife’s earlier reactions and later research described

Toney’s narrative included that Ms. Toney told prosecutors, “Michael killing people in a bombing? You're nuts”. She later decided to do research, realized what had taken place, called federal agents, and told her story.

Alibi and contested timeline

Toney testified in his account that he did not hear about the crime until 1997, which was described as eight years after the incident. He stated he had never been to the Hilltop Mobile Home Park and did not know it existed until just prior to his trial.

Ms. Toney and Mr. Meeks said that Toney was driving a truck on the night of the bombing. Toney said he did not buy the truck until December 13, 1985, about a month after the incident.

Toney also stated that he had no briefcase until 1988 or 1989 and that the propane shop stop described by Ms. Toney was a complete lie in his view. He said he never visited the place where the crime happened and that he did not know exactly where the incident occurred until just before his trial.

Jury-phase motive testimony as described

The narrative stated that the jury decided whether Toney deserved to be executed after the testimony about motive provided by Finis Blankenship. The narrative also stated that, at the current time, Blankenship said his testimony was a lie.

Sentencing

Toney was sentenced to the death penalty on June 10, 1999. The narrative stated he served ten years on death row.

The case record and narrative both indicated “awaiting execution” in the context of Toney’s letter.

Appeals

The conviction was overturned December 17, 2008 by the Texas Court of Criminal Appeals.

Outcome

The State of Texas dropped all charges against Toney, and he was released on September 2, 2009.

The narrative stated that the conviction was overturned December 17, 2008. After the Attorney General took over and reopened the investigation, charges were dropped and release occurred. The dismissal timing was described as occurring a day before the attorney general had to declare whether the state would again seek the death penalty in the case.

In his statement, Toney thanked friends, family, and lawyers for their support and said: “I have said all along that I was innocent of these charges and I know that when the Attorney General reviews the evidence, it will show that I am indeed innocent,” he said.

Aftermath

Toney died in a tragic auto accident near Rusk, Texas just one month later on October 3, 2009.

The narrative also stated that the case went unsolved in the period described and that Toney said no motive was determined.

Additional case account details (chronology and persons)

Blount family celebration and sequence described

Joe Blount, his daughter Angela, and Angela’s cousin Michael Columbus were killed by the briefcase bomb explosion.

The narrative stated the family celebrated Thanksgiving together in the Blount trailer in the suburbs of Fort Worth, Texas. It stated:

• Robert Blount was the son of Susan and Joe Blount.
• Carl “Ray” Blount was the brother of Joe Blount.
• Michael Columbus was Carl’s long-estranged son.
• Ray Blount went home around 5:00 p.m.
• Susan Blount went to lie down for a nap around 9:00 p.m.

Joe Blount drove Robert, Angela, and Michael Columbus to a convenience store about half a mile away from the park, where they bought snacks and beer.

Susan Blount heard a knock at the front door, looked out the window but did not see anybody, and returned to her nap.

When the rest of the family returned from the convenience store, they discovered a briefcase on the doorstep.

The three teenagers were excited because they thought the briefcase might have either money or jewels in it.

After bringing the briefcase inside, Angela opened the latches and it exploded.

Ferris and ex-wife research described

Toney’s narrative stated that Charles “Jack” Ferris was released from jail by telling Parker County authorities that Toney had confessed.

After Ferris told authorities, investigators questioned Toney’s ex-wife. The narrative described her beginning reaction and subsequent decision to research.

The narrative stated that Ferris later changed his story about Toney’s alleged confession and explained how Toney had come up with the story to get him out of jail earlier. Ferris was quoted in the record as:

• “Toney and me made up the entire thing”.

Polygraph examiner and Toney’s account

Toney stated that in the polygraph process, he met his attorney, filled out a questionnaire, and reviewed paperwork. He described that the forensic psychologist and polygraph examiner John Lehmon said he would return and then left and the room was set up with closed-circuit television.

Toney stated John Lehmon told him there was more to this than what someone told him, described his credentials, and then said he could not test him. Toney stated he was never tested.

Toney stated investigators told him they needed a doctor’s release before they could test him; he got the release the next day but was never tested.

Toney described the wording as approximately:

• “There's more to this then what someone told you”
• “There's more to this then what someone told you” (as included in narrative as part of his recollection)
• “I believe you'd be a fascinating subject and I would really like to get to know you but I'm sorry I can't test you.”

Prior prison record and commitments (as recorded in case summary)

• TDCJ-ID #526889 on an 8-year sentence for 1 count of Burglary of a Habitation
  • 07/23/90 released on Parole
  • 09/13/91 returned from Parole with new conviction of 7 years concurrent for 1 count of Unauthorized Use of a Motor Vehicle
  • 8/21/92 released on Parole
  • 3/1/94 returned from Parole with a new conviction of 5 years for Theft of Property $750/20,000
  • 07/21/95 released on Mandatory Supervision
  • 04/24/97 returned from Mandatory Supervision with new conviction and new number; remainder of sentence as TDCJ-ID #526889 was described as current
• #782203 on a 5-year sentence for 1 count of Burglary of a Habitation
  • 06/09/97 released on Bench Warrant
  • 12/11/97 returned from Bench Warrant
  • 01/06/98 released on Bench Warrant
  • 01/09/98 new commitments received; sentence begin date 07/13/93 on a 9-year sentence for Burglary of a Habitation
  • 08/11/98 returned from Bench Warrant
  • 08/21/98 departed on Mandatory Supervision

Letter and verbatim statements

Toney wrote an account and letter in which he stated:

“My name is Michael Roy Toney. I'm on Texas death row awaiting execution. I was convicted in May of 1999 of a bombing that occurred in Lake Worth, Texas on November 28th, 1985.”

He wrote that three people died and identified them by name and age as:

“Joe Blount, 42 years old, his 15-year-old daughter, Angela, and his nephew, Michael Columbus, who was 18 years old.”

He wrote:

“To say my conviction and subsequent death sentence is a miscarriage of justice would be a definite understatement.” “I AM INNOCENT and can prove it!”

He wrote:

“I don't like to use the word executed because it's not an execution when the person being put to death is innocent. It's MURDER!”

He wrote:

“The crime went unsolved for 14 years.”

He wrote that he was indicted for capital murder on December 4th, 1997:

“At least not until my indictment and arrest on December 4th, 1997.”

He wrote:

“When the ATF agent and the Texas investigators served me with the indictment, I told them the exact truth.”

He described an interaction with John Lehmon:

“I remember saying "I'm counting on that and I'm ready to take the test." These aren't exact quotes but they are close.” “The next thing he said was something like "I believe you'd be a fascinating subject and I would really like to get to know you but I'm sorry I can't test you."”

He wrote about his ex-wife’s testimony and recalled a quote he could not quote exactly:

“On the night of Thanksgiving 1985, Mike and Chris came to my apartment and we decided to go fishing.” “He walked off with the briefcase and came back without it.” “Just before we left there was a splashing noise in the water so Mike and Chris went and got their rifles out and Mike shot a beaver, then we left.”

He wrote:

“Kim said that while she was reading the newspapers she realized that the bombing happened within a couple miles of a place that we went fishing.”

He included a series of numbered points under cross-examination discussion:

“Why didn't she hear an explosion or hear sirens, etc? I'll tell you exactly why not!” “1. We didn't go fishing on Thanksgiving.” “2. We didn't even leave her apartment on the night of Thanksgiving.”

He wrote about his truck and ownership timeline:

“I didn't have the truck on November 28th, 1985. I didn't get it until December.”

He wrote about rifles and a toolbox in relation to dates:

“The two rifles weren't purchased until December 18th and December 19th, 1985, per ATF gun register records.” “The toolbox that she said was on the truck was bought for my birthday on December 29th, 1985, per check records.”

He included a description of Chris Meeks testimony and perjury:

“Chris couldn't answer a single question without looking to one of his three statements as if they were a script.”

He wrote:

“Perjured testimony got me sentenced to death.”

He included an assertion about being a pawn:

“I believe the State and the ATF used me as a pawn to close a case they couldn't solve.”

He wrote about motive determination:

“I've been in contact with these people who wrote and called my family. They have told me what the motive was, who did it and why the motive was never determined.”

He wrote:

“The people who committed this terrible crime live in the Fort Worth area.”

He included a closing:

“Please help me.” “Sincerely & respectfully, Michael R. Toney” “Michael "Cowboy" Toney”

He included a mailing address:

• Rt. 6 Ellis #314 Huntsville, TX 77343

Other details

• Toney was described as being falsely convicted and a miscarriage of justice in the provided characteristics.
• The case record included “image gallery Name TDCJ Number” as scrape artefacts, which were omitted here because they were not part of case facts.
• The narrative included statements that “no motive was determined and no arrests were made” during the long investigation period described before indictment and arrest.