The trial court was also instructed to reweigh the aggravating circumstances and the mitigating circumstances in resentencing Spencer. Because the evidence did not support a charge on heat-of-passion manslaughter, the trial court properly rejected Spencer's request for such a charge. Officer Hugh Butler testified that he arrived at the scene and saw another officer in position at the front door of the apartment, so he approached the door as well; according to Officer Butler, as he walked toward the front door, he saw Officer Bennett lying on the ground, stating, I looked down and saw his eyes wide open, his pupils were blown and he had a hole in his face with a little bit of smoke coming out of it. (R. Williams testified that she then saw an officer come in with his gun out and she heard a third gunshot. 733.) Later he found a metal fragment in his pocket. He told his colleagues at the Birmingham Police Department that Kerry Spencer and Nathaniel Woods, lifelong friends who had been dealing and using drugs at the pea green one-story house in the Ensley section of the city, were responsible for the killings. The State contends that the facts here are sufficiently different than those in McTerry and Ervin, and, therefore, that there is no error fatal to the convictions in the present case in not issuing an instanter subpoena to compel Cooper's presence at trial. The appellant never indicated to the court that he would need additional time to locate Williams. 17.) The trial court has complied with our instructions and has submitted on remand an amended sentencing order, again sentencing Spencer to death. Officer Collins stated that he heard Woods yell, I give up. The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance. [Dr. Simmons]: Jerking is caused by the fact that during the dying process you have random disorganized discharge of neurons in the brain cells and the spinal cord. Kerry was a 2010. Flawless Execution. God Bless you all. Specifically, Spencer contends that a limiting instruction was required as to evidence regarding his drug use and his alleged occupation as a prominent drug dealer, evidence that he had no bond arrest warrants outstanding against him, evidence that he was frequently seen carrying a firearm, evidence that he had been discharging a firearm the night before the officers' shootings, and evidence that spent shell casings were discovered around the apartment, all of which he contends had no nexus to the officers' shootings. 1415.) Just dont spray me with that mace.. Officer Collins testified that Officer Chisolm pursued Woods into the apartment. [I]n the absence of all evidence having a tendency to show that at the time of the killing the accused was in imminent peril of life, or grievous bodily harm, or of the existence of circumstances creating in his mind a reasonable belief of such peril, these instructions were abstract. King, 71 Ala. at 4-5. CC-04-4129, Spencer was convicted of intentionally causing the death of Carlos Owen by shooting him with a firearm while Owen was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. He was preceded in death by his parents, Odell and Maxine Williams, two half sisters LaDell Williams and Lenora Tipton. As the Alabama Supreme Court has stated: See Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. See, e.g., Harris v. State, 2 So.3d 880 (Ala.Crim.App.2007) (death penalty imposed upon conviction of capital murder for the killing of two or more persons pursuant to one course of conduct or a series of acts); Woods v. State, 13 So.3d 1 (Ala.Crim.App.2007) (death penalty imposed upon conviction of capital murder in the shooting deaths of four Birmingham police officers); McNabb v. State, 887 So.2d 929 (Ala.Crim.App.2001), aff'd 887 So.2d 998 (Ala.2004) (death penalty imposed upon conviction of capital murder for the killing of a Montgomery police officer). The trial court had found in its amended sentencing order on return to the first remand that, because the first shot had paralyzed Officer Bennett, he would have been unable to touch Spencer's leg and provoke the second shot. Spencer further testified that Curly initially said he'd be back with the narcotics unit, but then said, Nah, I'll be back when I get off work. (R. Officer Chisolm's service weapon was discovered near his body and his can of Mace was discovered on the floor near the wall of the kitchen. 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. Tawuan Townes. We send our deepest sympathies to you and your family. Required fields are marked *. The evidence from trial showed that the defendant ran out the back door of the apartment as he fired at Officer Collins as he took cover behind his patrol car. My prayers go out to you and your family in your time of bereavement. Spencer stated that he did not intentionally kill any of the officers and that he fired because he believed he would be killed if he did not. [Assistant defense counsel]: Well, what I'm saying is through no fault of our own we are here on Sunday morning and the clerk's office is obviously closed and we do not have access to the clerk's office record to determine whether or not he was served. THE COURT: So even if you got him served and got him here, I would still have to have his lawyer here because the first thing I'm going to have to advise him of is his constitutional rights because apparently he's the same Bubba that's been referred to in these proceedings we've been trying this week as the supplier for the drugs that Mr. Spencer and Mr. Woods were dealing out of that apartment. [Assistant defense counsel]: There are three attempted murders. Spencer next argues that the trial court erred in refusing to instruct the jury on self-defense. [Defense counsel]: Yes, he has. Copyright 2023, Thomson Reuters. 77.) Additionally, although neither witness believed at the time that Spencer was serious, one witness testified that Spencer had made statements about the officers, following the initial encounter the morning of the shooting, indicating that he was going to bust em, which the witness said he interpreted to mean that Spencer was going to shoot the officers if they returned. Words cannot begin to express the heart felt sorrow I feel for you and your family.May God give you the strength to endure during you time of pain. Kerry Washington leads the cast as Paige Alexander, a marriage and family therapist and mom to 16-year-old Finn. McTerry, 680 So.2d at 955. 1809, 143 L.Ed.2d 1012 (1999); Burgess v. State, 723 So.2d 742 (Ala.Cr.App.1997), aff'd, 723 So.2d 770 (Ala.1998), cert. [Assistant defense counsel]: He's got a lawyer in his attempted-murder case. (R. As to other mitigating evidence, the trial court found that the evidence showing that Spencer had obtained a GED and was an electrician by trade did not carry any significant weight. It is the finding of this court that death is the proper sentence in this case. However, as a young boy I can remember Kerry with fondness. The officers checked the apartment to ensure that no one else was present and then established a perimeter around the apartment to begin searching the area for the suspects and to preserve the scene for evidence technicians. . Domingus v. State, 94 Ala. 9, 13, 11 So. Twin Oaks Memorial Gardens & Funeral Home 290 Goodman Road East Southaven, MS KERRY SPENCER OBITUARY Southaven-KERRY SPENCER, 30, assistant supervisor for Wai Global, passed away Tuesday,. On remand, this ambiguity must be clarified.. A viewing will be at Omega Funeral & Cremation Service, 223 SE 122nd Ave Portland, on Friday, Nov. 11, 2011 from 10 a.m. to 5 p.m. In accordance with Rule 45A, Ala.R.App.P., we have searched the record, with respect to Spencer's capital-murder convictions, for any error that may have adversely affected Spencer's substantial rights and have found no plain error or defect in the guilt-phase proceedings of the trial. 728.) Star Tribune reviews all guest book entries to ensure appropriate content. Spencer further testified that Curly stated, I wish I had a reason to come in this apartment, I'd show you who was weak; Y'all so damn bad, bring your asses out if you so tough; and We gonna get you and when we get you, we're gonna fuck you up. (R. We again pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. 698 So.2d at 205. But the night before, we really did a lot of cocaine. So he was going to do it because of the family. To James (Linda)Moton & Family. A peace officer is justified in using that degree of physical force which he reasonably believes to be necessary, upon a person in order to: One, make an arrest for a misdemeanor, violation or violation of a criminal ordinance, or to prevent the escape from custody of a person arrested for a misdemeanor, violation or violation of a criminal ordinance, unless the peace officer knows the arrest is unauthorized. make a charitable donation in a loved ones memory, plant memorial trees in a loved ones name. THE COURT: Sure. Therefore, Spencer is not entitled to any relief on this claim. Please accept Echovita's sincere condolences. I called them (the other officers) on the radio but they didnt answer. At the time the subpoena was requested, two defense witnesses and two rebuttal witnesses for the state had yet to testify.. FAQ. It necessarily follows that the accused has the burden of producing evidence warranting both of such findings and that the discharge of that burden is one of the conditions precedent to his being entitled to having his claim of self-defense submitted to the jury. According to Williams, Spencer jumped up, looked out the bedroom window and then came out of the bedroom and peeked around the corner to see what was taking place. Some kind of incident happened in New Hill in Birmingham or in the Bessemer District of Jefferson County. According to Dumas, at some point he heard Spencer yelling at the officers as well, and he heard an officer say that the officers would be back. (R. See also Brownfield v. State, supra (jury conviction of the capital offense of the murder of two or more people during one act or pursuant to one scheme or course of conduct satisfied the requirement that an aggravating circumstance be found by the jury and the verdict itself rendered the defendant eligible for the death penalty, exposing him to a range of punishment that included the death penalty); and Yeomans v. State, 898 So.2d 878 (Ala.Crim.App.2004) (same). Kerry is survived by his mother, Marie Spencer; three children; two step-children; four sisters; three brothers; five grandchildren; and many nieces, nephews and friends. CC-04-4383, Spencer was convicted of intentionally causing the death of Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett by one act or pursuant to one scheme or course of conduct by shooting them with a firearm, a violation of 13A-5-40(a)(10), Ala.Code 1975. See Brownfield v. State, supra, and the cases cited therein, with regard to the impact of Ring on Alabama's capital-murder statute and sentencing scheme. The trial court was directed to reweigh the aggravating circumstances and the mitigating circumstances in resentencing Spencer. Spencer, citing Johnson v. State, [Ms. CR-99-1349, March 11, 2005] --- So.3d ---- (Ala.Crim.App.2005), avers that while Minor involved the use of prior convictions to impeach a defendant witness, its language was broader. (Spencer's brief at p. It was Dr. Simmons' opinion that the first shot to Officer Bennett struck his torso severing his spine which would have made it impossible for him to move, and that as he lay dying, the defendant shot Officer Bennett point blank in the face, the bullet passing through his brain. In Pilley this Court provided guidance as to what evidence would be required to form that evidentiary foundation. Terry Spencer Obituary, Death - Visitation & Funeral Plans - Death-Obituary.com Terry Spencer Obituary, Death - Terry Spencer, a teacher at Sto-Rox Upper Elementary School has passed away, the full obituary is currently unavailable. There is no photo or video of Kerry Spencer Shoemaker.Be the first to share a memory to pay tribute. This category only includes cookies that ensures basic functionalities and security features of the website. He is survived by. He conceded that he had fired his assault rifle the night before. King v. State, 71 Ala. 1, 4 (1881). Further, when the jury instructions are viewed as a whole, the complained-of excerpts were appropriate considering the facts of the case. denied, 508 U.S. 953, 113 S.Ct. Ingram v. State, 779 So.2d 1225 (Ala.Cr.App.1999). Johnson v. State, 820 So.2d 842, 874 (Ala.Crim.App.2000).. Posted by Eddie | July 28, 2021. In case no. Lavender testified that the radio dispatch tape indicated that at 1:24:34 p.m. an unidentified officer at the scene stated, They're going out the front (R. See also Lewis v. State, [Ms. CR-03-0480, April 28, 2006] --- So.3d ----, ----, (Ala.Crim.App.2006); Yeomans v. State, 898 So.2d 878, 904 905 (Ala.Crim.App.2004). Dumas stated that more officers were at the back door. Kerry Spencer (@Swilua) December 5, 2017 The photo has captured so much attention, she shares it on Facebook every year. 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. 309, 160 L.Ed.2d 222 (2004). This undisputed physical evidence contradicts the testimony of the defendant who testified that he fired the rifle merely as a reaction to Officer Bennett touching his leg. Spencer further notes that the State even requested a jury instruction on the level of intoxication necessary to negate a specific intent to kill and thus the trial court so instructed the jury. Richard L. Spencer Sr., 59, of Levittown, PA, died on Saturday, December 15, 2018.Richard was preceded in death by his loving father, Harold Spencer; his younger brother, Tom Spencer; his mother and father-in-law, Joyce and John Smith; and brother-in-law, Paul Brown.He is survived by his wife, Deb Burke; his mother, Lue Eva Spencer; his son, These cookies will be stored in your browser only with your consent. Jacqueline Buchanan testified that she was a public safety dispatcher with the City of Fairfield. (C. Prepare a personalized obituary for someone you loved.. May 14, 1940 - Graveside Service. 928 So.2d at 326-27. No bond is as great as that between a parent and child. Message Get Directions. Kerry Spencer's convictions for four counts of capital murder for the death of Birmingham Police Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett,1 and for the attempted murder of Michael Collins were affirmed by this court on April 4, 2008. That subpoena was returned unserved on May 23, 2005, because Cooper had not been located. According to Officer Collins, Officer Chisolm came to the back of the apartment and, while he was showing Woods the printout and photograph, told him that the arrest warrant from Fairfield was for assault, at which time Woods again cursed the officers and then turned and ran back inside the apartment. 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. Defense witnesses and two rebuttal witnesses for the State had yet to testify.. FAQ Cooper. Relief on this claim cookies that ensures basic functionalities and security features of the website v.. 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