Charges dropped against Bill Chaney

By RICHARD HORN / Senior Staff Writer

ANSON - The two child indecency charges against former KTAB weatherman Bill Chaney have been dropped.

Motions for dismissal were filed by outgoing Jones County District Attorney Jack Willingham, apparently due to concern by the family of the victim, who was 13 at the time of the alleged 1994 incident, that the boy could not undergo the stress of a second trial.

The dismissals were signed by Senior Judge Curt Steib of San Angelo. A five-day trial on the charges in January 1995 ended in a hung jury.

Chaney's defense attorney Ed Paynter said he learned of the dismissals Tuesday.

"I can't say I expected it but I'm glad it happened," he said. Chaney could not be reached for comment.

One charge of aggravated perjury stemming from the two-year-old trial is still pending. Willingham has recused himself from that case.

Whether that charge is dropped depends on District Attorney-elect Gary Brown, who officially takes office today and could not be reached for comment Tuesday. Many observers have speculated Brown is likely to dismiss the charge, which stems from Chaney's answers to Willingham's questions about the general vicinity of his residence in Abilene in the 1980s.

Willingham, who is known for not talking with the media, had until now insisted he would retry Chaney on charges he molested the 13-year-old learning-disabled child during a 1994 camping trip.

Paynter, however, has argued since the mistrial that the child indecency charges should be dropped.

Post-trial evidence showed jurors voted unanimously to acquit Chaney of the most serious charge, that he touched the boy's breast, and voted 9-3 or 10-2 in favor of acquittal in the second charge, that he exposed himself to the boy.

However, the twin charges were contained in a single indictment, meaning jurors could not return separate verdicts. District Judge Quay Parker declared a mistrial.

Parker has since removed himself from the entire case, after it became apparent the defense intended to call him as a defense witness in a perjury trial. Willingham recused himself from the perjury case, too, but remained involved in the child indecency cases.

On Tuesday, Paynter said he would deal with the perjury depending on whatever happens on or before a scheduled Jan. 15 pre-trial hearing on the allegation. But he said he was pleased the two original charges have been disposed of.

"My contention has always been the jury made that decision when the case was tried," he said.

Chaney remains employed in off-air capacities at KTAB while the charges are pending. News director Bob Bartlett said he had spoken with Chaney shortly after a reporter for the station learned of the dismissals.