They're not a map to follow, but simply a description of what people commonly feel. She exemplified the meaning of the word "sweetheart" in every possible way. Sgt. 1658-59.) Officer Collins stated that the individual told Officer Owen, [Y]ou hide behind that badge and gun. May the love of friends and family carry you through your grief. However, the court should charge on voluntary intoxication only when there is a sufficient evidentiary foundation in the record for a jury to entertain a reasonable doubt as to the element of intent. The trial court instructed defense counsel to telephone Cooper at the number they had been given, but that number was the general office number for the apartment complex, rather than the specific apartment where Cooper was allegedly located. Certainly, there may be a rational explanation for the trial court's statements that would bring the sentencing order, as amended, within the constitutional and statutory requirements. Kerry Carpenter (L) -- OF 13. It was he pulled his gun up and I already had the weapon in my hand so I opened fire.. Would you like to offer Kerry Spencer Shoemakers loved ones a condolence message? View obituary. Grief researchers say holding that missing funeral service, even a year or more later, can still help us heal. chloe johnson peter buck wedding; le mal en elle fin du film In determining whether to charge the jury on self-defense, evidence most favorable to the defendant should be considered and if there is the slightest evidence tending to prove a hostile demonstration which can be reasonably interpreted as placing the accused, at the time of the killing, in apparent imminent danger to life or other grievous bodily harm then the matter of self-defense becomes a question for the jury. Byrd v. State, 257 Ala. 100, 104, 57 So.2d 388, 391 (1952). THE COURT: That didn't really answer my question. Here, however, Spencer did not bring Cooper's absence to the trial court's attention until shortly before the close of the defense's case. Moreover, the trial court attached little weight to Spencer's lack of significant history of prior criminal activity. As to the trial court's findings concerning the nonstatutory mitigating circumstances, in his second amended sentencing order the trial court states that Spencer presented evidence indicating that he was sorry for these crimes and he apologized to the victims' families. 897.) More times than not they don't, but sometimes they do., This Court finds that the defendant's story that he shot Officer Bennett out of a mere reaction to his touching his leg defies logic and common sense. The appellant, Kerry Spencer, was convicted of four counts of capital murder for his involvement in the shootings of four Birmingham police officers. I'll fuck you up. Stay up-to-date with how the law affects your life. There are no events at this time. I give up. He testified that he kept guns at the apartment, and that he had purchased the SKS assault rifle the night before the shootings and had test-fired it in the backyard. A self-defense instruction should be given when any evidence is given showing the defendant's subjective belief that the use of force was necessary. Perkins, at 1115-16, quoting People v. Lockett, 82 Ill.2d 546, 45 Ill.Dec. He stated that he went to the front door and saw an officer standing there, so he shot him as well. We can't even get in touch with his lawyer. kerry, you will be missed and it's such a shame that we come in contact with people when they die but i am glad that i grew up to know you and your family. According to Williams, Spencer had a big gun that he had been carrying that day and the gun was near him while he slept. However, as Spencer argues in his brief on return to remand, there was evidence presented at trial that Spencer had ingested cocaine, Seraquel, and alcohol on the morning of the shootings. denied 519 U.S. 1079, 117 S.Ct. See also Raines v. State, 455 So.2d 967, 974 (Ala.Cr.App.1984)., 599 So.2d at 74 (emphasis added). Jerry has three wonderful children Jesse Spencer, Kim Ortega and Anna Pate. As Spencer correctly argues, there was additional nonstatutory mitigating evidence offered by the defense; Spencer's mother and uncle testified at the sentencing hearing about Spencer's upbringing and demeanor. In Ex parte Edwards, 452 So.2d 503 (Ala.1983), the Alabama Supreme Court held that a private citizen may resist an attempt by law enforcement to subject him to an illegal arrest so long as he does not cause serious injury to the officer. In addition, it must be established that the expected testimony is not merely cumulative or in the nature of impeachment, and the motion for a continuance must not be made merely for purposes of delay. A merely honest belief, unless a reasonable one, that the killing was necessary, will not make it justifiable. With regard to Spencer's third allegation, the amended sentencing order states: In addition, Dr. [Gary] Simmons testified at trial that Officer Bennett, who was found dead at the front door of the apartment was shot multiple times. Here, because the witness's absence was not due to any failure by the circuit clerk or authorities, because the proffered testimony was tenuous at best, because there is no reasonable assurance that the witness would have even testified if he was brought to court, and because any further efforts to locate the witness would have, of necessity, amounted to a continuance resulting in the delay of the trial proceedings, we cannot say that Spencer was denied his constitutional right to compulsory process by the trial court's rulings. Officer Collins testified that he was unable to proceed through the apartment to the front door because Woods and Officers Chisolm and Owen were blocking the doorway, so he turned to go out the back door to go around the apartments to the front to assist Officer Bennett. Defense counsel averred that members of Spencer's family had spoken with Cooper that morning and provided the trial court with the address of the apartment where Cooper was supposedly located at that time; according to defense counsel, Cooper had informed the family members that he did not wish to testify at Spencer's trial. You know, I had a little bit of [cocaine] powder left over from the night before. However, as Spencer notes in his brief on return to remand, Dr. Simmons's testimony left open the possibility that Officer Bennett, even if only as merely an involuntary reaction, could have had random, irregular muscle contractions or twitches even after sustaining the gunshot wound to the torso. After searching some of the houses, his team was informed that the other search party had encountered one of the suspects, so his team went to that residence to assist. Spencer concedes that, although he requested an instruction on voluntary intoxication, he did not object to the lack of the now requested instructions. View online obituaries, write messages of remembrance, light virtual candles and more . He also testified that he obtained a GED in the job corps as well as an electrician trade, but felt it was more profitable to sell drugs. Spencer testified that after he watched Curly and Officer Collins drive off, he noticed Nate talking to Officer Chisolm, who he knew as Robo. Spencer stated that he joined the argument and cursed at Officer Chisolm and told him to leave. He love is everlasting. He put out a double aught call, the most drastic request for backup an officer can make. The first thing I said to him was, It was only a misdemeanor. Spencer stated that Nate told him at that time that he had been sprayed with Mace, and Spencer noticed a big knot on Nate's forehead. Alabama Death Row Inmate List - U. Alabama Death Row Inmate List - V. Kim Vanpelt. My thoughts and prayers are with you in this time of deep sorrow. Ingram v. State, 779 So.2d 1225 (Ala.Cr.App.1999). Johnson v. State, 820 So.2d 842, 874 (Ala.Crim.App.2000).. Sat, 25 Feb, 2023 - 02:00. These circumstances are to be ascertained by the jury Oliver v. State, 17 Ala. 587, 599 (1850). Spencer next contends that the trial court erred in refusing to instruct the jury on heat-of-passion manslaughter as a lesser-included offense. Slaughter stated that she walked outside and saw Officer Owen talking to Nathaniel Nate Woods; according to Slaughter, she heard Nate tell Curly to [t]ake off that mother fucking badge and that gun and I will whoop your mother fucking ass. (R. Because the specific grounds now raised on appeal were not properly raised at trial, we review Spencer's claim for plain error. [Assistant defense counsel]: There are three attempted murders. CC-04-4132. Terry "Cot" Spencer, 65, of Carlisle, SC passed away on Wednesday morning, July 27, 2022 in Ellen Sagar Nursing Home. They are dying. He further testified that although fragments recovered during the autopsy of Officer Owen exhibited characteristics similar to those fired from the SKS assault rifle, he could not conclusively state that those fragments were from the SKS assault rifle. If there is any evidence, however slight, tending to support that the defendant acted in self-defense, the issue should be submitted to the jury. Rather, based on the evidence presented at trial, Spencer failed to establish any evidentiary foundation of intoxication that would warrant an instruction on intoxication. Collins said he felt a slap on his side and on his pistol which was holstered. Spencer stated that he looked out the back door and saw Officer Collins at the back of the apartment with his gun drawn and that Officer Collins ran behind his police car. They are irritated. Harry was born May 1927 in Staten Island New York, to parents Margaret and Henry Spencer. Before reweighing the aggravating and mitigating circumstances in his amended sentencing order on return to second remand, the trial judge clearly stated that he had determined that the evidence concerning the testimony of Spencer's mother and uncle did not constitute mitigating evidence, nor did Spencer's proclamation of remorse and his apology to the victims' families. His family is . THE COURT: Sure. FAQ. The prosecutor later clarified, and defense counsel agreed, that Cooper was not expected to testify that he was present at the apartment when the shootings occurred or that he actually witnessed the shootings.6. Additionally, the initial arguments were between Woods and officers; Spencer willingly joined in the verbal jousting, and again continued his verbal sparring with a second officer even though the first officer had, according to Spencer, made threatening comments. If they are there checking the tags on the car, or they know it is a dope house there and they are checking on the activity going on there, they have a legal right to come up and knock on the door. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance. (R. Kerry Spencer shared an old photo of her son. While it is not required that where a person is menaced he must wait until a weapon is presented ready for deadly execution, yet the danger must be real or so manifestly apparent as to create a reasonable belief of presently impending peril to life or limb. Kerry joint-manager Declan Quill says his team have a target on their backs after they booked their place in the Lidl NFL Division 1 final thanks to another fantastic win . According to defense counsel, an alias was issued on May 25, 2005, but defense counsel was unaware as to whether that subpoena had been served. Kerry was a very special person, and I'm glad to have known him. ), aff'd 758 So.2d 81 (Ala.1999). In this case, the trial court considered the jury's recommendation as a nonstatutory mitigating circumstance and gave it moderate weight. Darryl Turner. See Rule 45A, Ala.R.App.P. Thus, the trial court clearly considered this evidence presented by Spencer when determining that this mitigating circumstance did not exist. Contact us. It is well settled that the Sixth Amendment of the United States Constitution and Art. You and your family will be in my thoughts and prayers. Michael Taylor. However, with regard to the sentencing order, although the trial court made thorough and specific findings of fact regarding the statutory aggravating circumstances and statutory mitigating circumstances, it did not make specific findings of fact regarding the existence or nonexistence of nonstatutory mitigating circumstances offered pursuant to 13A-5-52. See also Ex parte Tomlin, 909 So.2d 283 (Ala.2003). On direct examination, Dr. Simmons testified as follows: [I]t's likely-in my opinion, you can't say absolutely, but it's likely he would have been immobilized right when he sustained [the gunshot wound to the torso]. (R. In determining whether an instruction was supported by the evidence the question is not whether the Supreme Court or Court of Criminal Appeals believes the evidence, but simply whether such evidence was presented. Id. He is survived by. You have funeral questions, we have answers. denied, 522 U.S. 969, 118 S.Ct. He is survived by his wife Pam Spencer. SPENCER, Warren Reginald "Reg" - Passed peacefully on Wednesday October 14, 2020 at the age of 80 years. The sentence of death in this case is neither excessive nor disproportionate to the penalties imposed in similar cases, considering both the crime and Spencer. THE COURT: It doesn't matter what they are there for earlier. I've got to make the call, I'm sorry, I'm not going to delay this trial-sit around here all day with the jury tied up back there with nothing else to do but sit in the jury room while some futile effort is made to locate a witness we all know is never going to testify. Here, evidence that Spencer was engaged in a drug-dealing enterprise at the residence where the shootings occurred, evidence that Spencer was frequently seen in possession of a firearm at the residence, evidence that there had been a confrontation involving Spencer's accomplice Woods and police officers earlier in the day of the shootings, and evidence that Spencer had outstanding warrants for his arrest were all properly admitted for reasons other than simple impeachment of Spencer's credibility. Spencer later would testify that they sold drugs out of the apartment, making up to $3,000 a day. Private interment at Fort Snelling National Cemetery. She stated that that morning one of the officer's took off his badge and tried to get Spencer to come outside, but that Spencer said the police could not get him outside in that manner. Doyle Cox, age 84 of Boone and the Westhaven Community, passed away on Wednesday, February 22, 2023 at the Westhaven Community. . 709.) It is mandatory to procure user consent prior to running these cookies on your website. Officer Collins identified Spencer in court as the man he saw standing outside the apartment shooting at him. Woods was shouting expletives about the police from inside one of the four small, dingy apartments. Pritchett v. State, 445 So.2d 984 (Ala.Cr.App.1984). On appeal, Spencer raises a number of issues, several of which he did not first raise by timely objection in the trial court. Whitehead v. State, 429 So.2d 641 (Ala.Cr.App.1982). Alabama courts have, in fact, recognized three legal provocations sufficient to reduce murder to manslaughter: (1) when the accused witnesses his or her spouse in the act of adultery; (2) when the accused is assaulted or faced with an imminent assault on himself; and (3) when the accused witnesses an assault on a family member or close relative.. He is preceded in death by Father Jack Spencer, Mother Joyce Spencer, Sister Debra and Brother Brian. Spencer George Hare. Spencer's testimony regarding the close-range gunshot to Officer Bennett's head was that he was standing next to where Officer Bennett was lying on the ground, that Officer Bennett's hand jumped and touched [him] and that he fired the SKS assault rifle in an automatic reflex. (R. He was a lifelong area resident and a graduate of the Warren . I don't have no warrant. Rector further testified that the damage to Officer Owen's service weapon and holster was consistent with having occurred while the service weapon was in the holster, and that he recovered a bullet fragment from the holster that was consistent with having been fired from a rifle. Further, the missing witnesses in Ervin were both eyewitnesses to the shootings, and their respective testimony was expected to support Ervin's claim that the shootings were in self-defense; here, defense counsel conceded that Cooper was not present at the time of the shootings. Blanton identified Spencer in court as the suspect taken into custody. Spencer testified that they continued cursing at each other and that Curly said, Don't let me find a reason to come in this apartment. (R. See Rule 17.5, Ala.R.Crim.P., ([a]ny witness who, after being subpoenaed, fails to appear may be attached by order of the court) and 12-21-182(a) (the attendance of such witness may be compelled by attachment). 703, 34 L.Ed.2d 669 (1972). At a preliminary hearing Williams testified that he could not positively identify the shooter. Always stand on the solid rock, Jesus! Thus, unlike the situation in McTerry, where the missing witness might have reasonably been located without causing any delay in trial, here, Cooper was to be Spencer's final witness, and the State indicated that it had no rebuttal witnesses based on the testimony previously presented; thus, any efforts in locating Cooper would have delayed the trial proceedings. Hundreds of officers from Birmingham and other departments descended upon the scene. Kerry is survived by his mother: Bernice Rose & husband Raymond; step-father: Frankie Spencer; father:. June 17, 2004, started out as an unremarkable day for Birmingham Police Sgt. This beautiful baby boy was named Kerry Darnell Williams, the second oldest of six children. According to Officer Collins, as he got to the back door, he heard the shooting begin inside the apartment and then felt a slap on his side and on his pistol which was holstered. [Defense counsel]: Yes, he has. Therefore, we conclude that the trial court did not commit reversible error in refusing to instruct the jury on self-defense. Kerry is survived by his mother: Bernice Rose & husband Raymond; step-father: Frankie Spencer; father: James Moton; wife: Cammy Spencer; sons: Kerry Jr., Jordan and Kelin; daughter: Miranda; 2 brothers and 4 sisters. 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