kerry spencer obituary

Thus, we must remand this case to the trial court for it to amend its sentencing order to clarify its findings regarding the nonstatutory mitigating circumstances and judicial override of the jury's recommendation of life imprisonment without parole. Generally, where there is evidence of intoxication and the charged offense involves specific intent, such as capital murder, the trial court should instruct the jury on the lesser-included offense of manslaughter. Ladies and gentlemen, a peace officer-and this is directly out of the Code of Alabama 1975, 13A-3-27. Jerry John Spencer, 75, passed away peacefully in the arms of his loved ones on October 29th, 2021 after a courageous battle with a lengthy illness. Giving to charity is a meaningful way to honor someone who has died. The email address cannot be subscribed. But at least the one attempt and as crucial as this witness is, it's important. Dr. Gary Simmons testified at trial as follows: Defense counsel: If somebody received gunshot wound B to the chest would there be a short period of time afterward when myoclonic jerk could have been a factor?, Dr. He, therefore, instead of staying in and around the apartments he was staying at, he started staying evidently in this Clay Chalkville area outside or in the East Lake area in order to avoid them. Eve Kelliher. 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 celebration of life will be held at the Spencer household on May 15 at 2:00 pm. Born on January 22, 1928, in Wichita Falls, Texas, to A.A. (Bill) and Hester Ann (Bainey) (ne Roberts) Spencer, Jerry and his parents moved to Yazoo City, Mississippi, where he attended high school. The trial court has also clarified in this return to second remand its findings and consideration concerning evidence indicating that Spencer shot Officer Bennett a second time through the head only as a reaction to Officer Bennett's having allegedly touched Spencer's leg. Dr. Simmons testified that Officer Bennett exhibited signs of soot and stippling to his skin, which indicated that one of the bullets was fired at close range to his face. 627 (1903); C. Gamble, McElroy's Alabama Evidence, 457.02(5) (3d ed.1977). Spencer George Hare. Specifically, Officer Clifton testified that he discovered a 9mm Luger High Point brand handgun in the attic where Spencer was found, a 9mm Beretta brand handgun hidden behind the heater in the middle bedroom of the residence, and assorted rounds of ammunition in the residence. I still miss Spud. Does [Cooper] have pending criminal charges at this time? Spencer initially denied being at the residence and any involvement in the shootings, claiming that he hid in the attic after hearing that officers were searching the neighborhood because he had two outstanding warrants and did not want to go to jail. It must be shown that substantially favorable testimony would be given by the witness and that the denial of a continuance would materially prejudice the defendant. 663, 665, 248 So.2d 158, 160 (1971). ', Collins moved toward the apartment, but Butler blocked him. . Williams reported to court on the day of trial but was excused by the State shortly before the trial commenced because, according to the prosecutor, his testimony was neutral in that he could not identify the gunman. Family and friends must say goodbye to their beloved Kerry Spencer Shoemaker (Saint Pete Beach, Florida), who passed away at the age of 82, on June 3, 2022. These circumstances are to be ascertained by the jury Oliver v. State, 17 Ala. 587, 599 (1850). Hundreds of officers from Birmingham and other departments descended upon the scene. If you know of an upcoming event for Kerry Donald Spencer, please add one. See People v. Coney, 98 P.3d 930 (Colo.Ct.App.2004) (holding that evidence of other offenses or acts that are part and parcel of the charged offense is admissible as res cestae and may be admitted without a limiting instruction); State v. Long, 173 N.J. 138, 171, 801 A.2d 221, 242 (2002) (evidence of the defendant's actions served to paint a complete picture of the relevant criminal transaction and therefore was admissible, and a limiting instruction was unnecessary because the evidence was admitted under the res gestae exception); and Camacho v. State, 864 S.W.2d 524, 535 (Tex.Crim.App.1993) (holding the evidence of the extraneous offenses showed the context in which the criminal act occurred, i.e., the res gestae, and was therefore admissible and not subject to the requirement of a limiting instruction). 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. Although there was evidence that the appellant had been drinking beer on the day of the robbery-murder, there was no evidence concerning the quantity of beer he consumed that day at the time of the murder. Although the trial court is not required to specify in its sentencing order each item of proposed nonstatutory mitigating evidence offered that it considered and found not to be mitigating, Williams v. State, 710 So.2d 1276, 1347 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), in order for this Court to conduct its review of the death sentence, the trial court must specifically identify in its sentencing order those nonstatutory mitigating circumstances that it did find to exist.. THE COURT: Well, my point is he's got a lawyer I guess on these pending charges. It is well settled that [t]he statement of specific grounds of objection waives all grounds not specified, and the trial court will not be put in error on grounds not assigned at trial. Ex parte Frith, 526 So.2d 880, 882 (Ala.1987). Your email address will not be published. (R. He said he had bought the SKS the day before, and had even test-fired it the previous night. So do you really think once he talks to his lawyer that he is not going to invoke his Fifth Amendment privilege, especially in light of the fact he's told you he wouldn't come and has been apparently uncooperative? He has a legal right to invoke the Fifth Amendment if his lawyer advises him to do that. The foregoing opinion was prepared by Retired Appellate Judge H.W. I am so happy I had him in my life. May God bless you and your family in this time of sorrow. It has been years since I've seen you, but I knew you were always around, and to the family, may God bless you and keep you in your time of need. family hang in there until you meet again. Officer Cedric Clifton of the Birmingham Police Department testified that he located additional evidence in the residence where Spencer was taken into custody. [Defense counsel]: He has indicated on numerous occasions he's going to be here. Draw freely from the well of peace and strength for the supply is unsurpassed even in times like these. On remand, this ambiguity must be clarified.. Share FacebookTwitterLinkedinEmail address Listen Follow Report this obituary It is always difficult saying goodbye to someone we love and cherish. [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. Officer Fred Alexander arrived in the front of the apartment and radioed that there was an officer down in the front of the apartment and then made an additional radio transmission, indicating that two more officers were down inside the apartment. But opting out of some of these cookies may affect your browsing experience. 1682.) 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. CC-04-4132, Spencer was convicted of intentionally attempting to cause the death of Michael Collins by shooting at him with a firearm, a violation of 13A-6-2 and 13A-4-2, Ala.Code 1975. 850.) The trial court indicated that there was no information indicating that Cooper had ever been served with a subpoena. Later, with a photo of Woods and a copy of the warrant in hand, they set out to arrest Woods. Sgt. And now that Kerry is gone, the only thing I can say is this: At least 2 of the most handsome men are united "together" in Heaven. In CC-04-4129, the jury recommended, by a vote of 9 to 3, that Spencer be sentenced to life imprisonment without the possibility of parole; in CC-04-4130, the jury recommended, by a vote of 10 to 2, that Spencer be sentenced to life imprisonment without parole; in CC-04-4131, the jury recommended, by a vote of 9 to 3, that Spencer be sentenced to life imprisonment without parole; and in CC-04-4383, the jury recommended, by a vote of 7 to 5, that Spencer be sentenced to life imprisonment without parole. Our thoughts and prayers are with you in your time of sorrow. Wednesday, October 13, 2021. Dumas testified that, after the officers left, he went back to sleep until he was awakened later, at which time he got up, washed his face, and then left the apartment to walk to the store a few blocks away. Legacy invites you to offer condolences and share memories of Terry. Although the trial court need not list and make findings as to each item of alleged nonstatutory mitigating evidence offered by a defendant, Reeves v. State, 807 So.2d 18, 48 (Ala.Crim.App.2000), it must make a clear finding regarding the existence or nonexistence of nonstatutory mitigating evidence offered by a defendant. Were refreshing the Tributes.com website for a better experience! Spencer presented a number of witnesses at trial. The trial court's amended sentencing order shall be submitted to this Court within 42 days of the date of this opinion. To James (Linda)Moton & Family. 742, 136 L.Ed.2d 680 (1997)). So if they are there legally, what's the relevance of that, even if he were to come in here and say that? Rather, the trial court adequately protected Spencer's rights, including granting Spencer an overnight continuance to the following morning, and then conducting a thorough discussion on the record as to the status of the defense's efforts to locate the witness, the expected testimony of the witness, and the likelihood of the witness taking the stand if located. This evidence further militates against any contention that the murders were committed in a sudden passion and thus warranted such a jury instruction. God Bless you all. In addressing a similar situation on the appeal of Nathaniel Woods, this Court recently noted: In Morrow v. State, 928 So.2d 315 (Ala.Crim.App.2004), this Court addressed a similar situation: In addition, in its order, the trial court stated the following regarding nonstatutory mitigating circumstances: The Judge, just as the jury, is entitled to consider anything, any matter that the Court might find in any way to be mitigating in order to consider the same and balance the same with the aggravating circumstances as found by the Court. In CC-04-4383 the count was seven (7) for life without parole and five (5) for death. 2. 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. The family will receive friends Thursday evening at the funeral home from 6:00 to 8:00pm. He was treated and released. The last occasion-. Woods was shouting expletives about the police from inside one of the four small, dingy apartments. Harrison v. State, 580 So.2d 73, 74 (Ala.Crim.App.1991). 190, 192 (1892) (error to charge jury that from certain facts they might reasonably infer that defendant was not in imminent danger). But she never expected one-year-old son, Samuel, to use his skill to send out an S.O.S while sitting on Santa's . However, Spencer does not raise those same grounds on appeal. 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. denied 519 U.S. 1079, 117 S.Ct. Blanton identified Spencer in court as the suspect taken into custody. You are all in my prayers. Star Tribune reviews all guest book entries to ensure appropriate content. He drove there to help and encountered Nathaniel Woods for the first time. Aoife Buckley and Eoin McEnery travelled in style on their big day in a vintage set of wheels. 703, 34 L.Ed.2d 669 (1972). BRASILIA, Brazil (AP) The U.S. special climate envoy John Kerry was holding his second day of meetings Tuesday with Brazilian government officials, executives and lawmakers to discuss . On remand, the trial court should reweigh the aggravating and mitigating circumstances and resentence Spencer. The appellant never indicated to the court that he would need additional time to locate Williams. This Court did not consider this as mitigating evidence. 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. THE COURT: For the record you've got an exception., (R. He did, but it was to curse them and argue he wasnt a wanted man. Spencer stated that although they sold approximately $3,000 in drugs from the residence on a daily basis, they had never had problems with the police. 1038, 84 L.Ed.2d 1 (1985), the plain-error doctrine applies only if the error is particularly egregious' and if it seriously affect[s] the fairness, integrity or public reputation of judicial proceedings. See Ex parte Price, 725 So.2d 1063 (Ala.1998), cert. We have also reviewed the propriety of the sentence of death as required by 13A-5-53(a), Ala.Code 1975. Thus, the trial court clearly considered this evidence presented by Spencer when determining that this mitigating circumstance did not exist. 77.) It is to be noted that reasonableness is determined by a standard-a reasonable person under like circumstances-and the determination is made by the jury. Perkins, at 1117. Spencer next argues that the trial court erroneously failed to instruct the jury on voluntary intoxication and the lesser-included offense of manslaughter. Kerry Spencer passed away at age 34 years old on August 6, 2006. Kerry Darnell Spencer of South Carolina was born on August 25, 1971. Spencer stated that he was awakened from his nap by a commotion in the back of the apartment, so he looked out the front bedroom window and saw that the police had returned. A unique and lasting tribute for a loved one. A reasonable belief, generated by the attendant circumstances-circumstances fairly creating it-honestly entertained, will justify a homicide; but not an irrational belief, however honest it may be. Holley v. State, 75 Ala. 14, 19 (1883). Howard v. State, 420 So.2d 828, 832 (Ala.Cr.App.1982). 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. KERRY SPENCER passed away in Southaven, Mississippi. A little boy creeped out while sitting on Santa's lap used baby sign language to tell his parents he was not feeling safe with Old Saint Nick. Audra Tieara,Allegra & Joseph Antwine/Johnson. [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. May happy Share Kerry Spencer Castle, 59, of Travelers Rest, passed away on Tuesday, June 09, 2020, riding his favorite Ducati. Police watchdog called in Guelph 5:57 pm - 3,689 views; Airline ticket scam Toronto 4:19 pm - 9,735 views; Injured, charged in shootout Alberta 4:08 pm - 8,562 views; More Canada News Spencer next contends that the trial court erred in refusing to instruct the jury on heat-of-passion manslaughter as a lesser-included offense. 884, 885 (1940). Although the evidence in the record supports the trial court's conclusion that the mitigating circumstance in 13A-5-51(6), Ala.Code 1975, was not present, we question the propriety of the assertion that [t]here was no evidence presented that Kerry Spencer's capacity to appreciate the criminality of his conduct or to conform his conduct to the requirement of law was substantially impaired during the commission of this offense. (Emphasis added.) There was simply insufficient evidence from which a jury could have found beyond a reasonable doubt that Spencer was unable to form the requisite intent to commit capital murder, because he was experiencing a disturbance of mental or physical capacities, resulting from drug or alcohol use at the time of the murders. Even assuming, without finding as true, Spencer's contentions that the officers made remarks during the earlier encounter that caused Spencer to fear that the officers would hurt or kill him, those comments were made hours before the final encounter where the officers were killed. So it's possible. According to Washington, he saw the officers pull up and approach the apartment, but he denied speaking to them, saying that he stayed quiet because there was a warrant for his arrest. Such a holding is consistent with this Court's opinion in Windsor v. State, 683 So.2d 1027, 1037 (Ala.Crim.App.1994), aff'd, 683 So.2d 1042 (Ala.1996), in which we stated: In this case, however, there was no evidence that the appellant was intoxicated. And Eoin McEnery travelled in style on their big day in a vintage set of wheels and departments... 14, 19 ( 1883 ) is, it 's important Spencer was into... 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