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. Kerry Spencer Castle, 59, of Travelers Rest, passed away on Tuesday, June 09, 2020, riding his favorite Ducati. You know, most folks would have called his lawyer and said, Look, I want to subpoena him. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991), aff'd, 603 So.2d 412 (Ala.1992). Dr. Gary Simmons, a forensic pathologist with the Jefferson County coroner's office, testified that he performed the autopsies on all three officers and concluded that each had died of multiple gunshot wounds. 1687.) It is a basic tenet of Alabama law that a party is entitled to have his theory of the case, made by the pleadings and issues, presented to the jury by proper instruction, and the [trial] court's failure to give those instructions is reversible error. ' Ex parte McGriff, 908 So.2d 1024, 1035 (Ala.2004), quoting Winner Int'l Corp. v. Common Sense, Inc., 863 So.2d 1088, 1091 (Ala.2003), quoting in turn other cases. Survived by wife Joyce Spencer, Daughters Corryl (Nick) Holm and Allison Spencer, Grandsons James and Thomas Holm, Sisters Carol and Randee and Brother Kevin. Spencer may indeed have had a fear of the officers, but based on the evidence presented, we cannot say that that fear was reasonable. Both Nathaniel Woods and Kerry Spencer were arrested, convicted and sentenced to death. 727.) Kerry took the time to COMPLETELY hear me out about the details of my case. We again pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. Echovita offers a solidarity program that gives back the funds generated to families. 733.) 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. [Defense counsel]: Well, we think we've proven self-defense in our-. See also Shiflett v. State, 507 So.2d 1056 (Ala.Crim.App.1987). Remembering all the football games we played together at Sellers with all the other guys was such a joy. Citing Ex parte Taylor, 808 So.2d 1215 (Ala.2001), and Ex parte Carroll, 852 So.2d 833 (Ala.2002), Spencer argues on return to remand that the trial court could not override the jury's recommendation of life imprisonment without the possibility of parole absent reliance on some evidence or facts unknown to the jury that impacted the factual basis for the jury's sentencing recommendation. Sgt. Dr. Simmons testified that stippling on Officer Chisolm's face indicated that at least one of the bullets had been fired from close range. 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. The defendant then went to sleep and slept until the officers arrived around 1:00 p.m. that afternoon. 1672.) The trial court further found the existence of two statutory mitigating circumstances: Spencer's age, pursuant to 13A-5-51(7) Ala.Code 1975, which was 24 at the time of the events; and the lack of significant history of prior criminal activity, 13A-5-51(1), Ala.Code 1975. May God bless you and your family in this time of sorrow. If the lawyer is going to advise him to take the Fifth Amendment, I can't make him testify. He further stated that Curly had tried to push his way into the apartment window on a previous occasion but that Nate had grabbed a videocassette recorder and videotaped the incident, startling Curly and forcing him to leave. (65 years old). Carolyn Slaughter testified that she lived in the apartment complex at the time of the shootings. They're not a map to follow, but simply a description of what people commonly feel. Officer Collins stated that he heard Woods yell, I give up. He stated that he was stunned, and that he radioed a shots fired call over the police radio, and ran to the back of his police car. Trending Several of the officers who responded to the double-aught call testified at trial. So if they are there legally, what's the relevance of that, even if he were to come in here and say that? . An honest may not be a reasonable belief; it may be the offspring of fear, alarm or cowardice, or it may be the result of carelessness, and irrational. Funeral services will be held 11:00am, Friday, August 11, 2006, at Zion Baptist Church in Rowlett with Pastor Larry Robertson officiating. Thus, we find no error, plain or otherwise, in the trial court's giving of the State's requested instructions eight and nine. I am so happy I had him in my life. If you know of an upcoming event for Kerry Spencer Shoemaker, please add one. 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. The trial court however did not consider this to be mitigating evidence because his specific apology directly contradicted the evidence presented, including his statement to police following his arrest and his testimony to the jury during the sentencing phase of his trial. Necessary cookies are absolutely essential for the website to function properly. Officer Collins testified that they radioed Officer Chisolm and asked that he come to the back of the apartment to show Woods the printout of the NCIC information and the photograph of Woods from the files. Kerry Spencer was sentenced to death and remains on Alabama Death Row for the murders of three police officers. I don't have no warrant. See also Raines v. State, 455 So.2d 967, 974 (Ala.Cr.App.1984)., 599 So.2d at 74 (emphasis added). These cookies do not store any personal information. 2984, 165 L.Ed.2d 990 (2006). Does [Cooper] have pending criminal charges at this time? Sgt. Spencer next challenges the trial court's use of the State's requested jury instructions number eight and number nine. A trial court has broad discretion in formulating its jury instructions, provided those instructions accurately reflect the law and the facts of the case. The court determines what the rules are, but it is for the jury to determine whether the standard has been met by the evidence in the particular case. R. Perkins & R. Boyce, Criminal Law 1116 (3d ed.1982). Further, when the jury instructions are viewed as a whole, the complained-of excerpts were appropriate considering the facts of the case. denied, 522 U.S. 969, 118 S.Ct. Thus, although Spencer may not have formally requested a continuance, the actions he sought the trial court to undertake, of necessity, were the functional equivalent of a continuance. Mr. Sanders died Tuesday, February 21, 2023 at his residence. He was such a warm and welcoming man. In Brownfield v. State, [Ms. CR-04-0743, April 27, 2007] --- So.3d ---- (Ala.Crim.App.2007), this Court noted that both this Court and the Alabama Supreme Court have repeatedly held that the United States Supreme Court in Ring did not invalidate Alabama's death-penalty statute. 1619.) 1. chloe johnson peter buck wedding; le mal en elle fin du film [Defense counsel]: I do object, for the record. 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. 1659.) 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. These cookies will be stored in your browser only with your consent. In the next paragraph of the sentencing order, however, the court stated, The Court considered the evidence presented by the defendant as evidence of non-statutory mitigating factors. (C. I will keep you in my prayers. Travis Dumas testified that he lived at the apartment with Nate Woods, Nock Spencer, and Fernando Blue Belser at the time of the shooting. According to Dumas, Spencer fired the weapon on the night before the shootings and essentially kept it in his possession from the time he purchased it until the shootings the following day. It was a split second decision. On remand, the trial court should reweigh the aggravating and mitigating circumstances and resentence Spencer. He stated that Officer Bennett sustained a very close-range gunshot wound below his left eye, which passed through his brain case and portions of the brain before exiting though the back of his skull; he further testified that Officer Bennett sustained a gunshot wound to his chest that lacerated his heart and impacted his liver, esophagus, aorta, right adrenal gland, and spine but did not exit his body, and entrance and exit wounds on his arm associated with a third gunshot. Mon Feb 27 2023 - 05:00. Officers discovered an SKS assault rifle outside the front door of the apartment, and a number of weapons in plain view in assorted rooms of the apartment. On October 5, 2005, Spencer filed a motion for a new trial. Deshawn Thomas Executes Homeless Man In St Louis, Sheborah Thomas Gets 40 Years For Killing 2 Kids, NFL Zac Stacy Gets 6 Months For Brutal Assault, Brendan Depa Charged For Knocking Out Teachers Aide, Jack Colton Charged In Sexual Assault Of 12 Yr Old, Taylor Frankie Paul Charged With Domestic Violence, Antonio Barbeau and Nathan Paape Teen Killers, Lacy Aaron Schmidt Teen Killer Murders Ex Girlfriend, Keith Randulich Teen Killer Murders Sister, Dakota Wall Teen Killer Sets Up Sisters Murder, Dylan Schumaker Teen Killer Murders 23 Month Boy, James Parker And Robert Tulloch Teen Killers, Bobby Gonzales Teen Killer Murders Girlfriends Mother. God Bless. 928 So.2d at 326-27. Spencer did not claim to be intoxicated at the time of the shootings. IF YOU ABIDE WITH GOD, HE WILL ABIDE WITH YOU. May happy Share You can send your sympathy in the guestbook provided and share it with the family. It is always difficult saying goodbye to someone we love and cherish. The officers, joined by Chisholm, left to double-check that the warrant was valid. See, e.g. He drove there to help and encountered Nathaniel Woods for the first time. Blanton identified Spencer in court as the suspect taken into custody. You have funeral questions, we have answers. The toddler was pictured using his baby version of ASL to sign 'help' to his mum Credit: Kerry Spencer. But at least the one attempt and as crucial as this witness is, it's important. Raper v. State, 584 So.2d 544 (Ala.Cr.App.1991). 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. Our deepest condolences are with you as you grieve. I didnt think there was much hope., He looked back at the apartment and saw a man, later identified as Kerry Spencer, standing just outside the apartment, firing a gun at him. He was paying them a thousand dollars a week. Just dont spray me with that mace.. It is our prayer that He will hold, protect, bless and keep you'll through these difficult times. THE COURT: Well, he indicated yesterday or this morning he wasn't coming, or whoever went by to get him. and Fuck you. There was evidence and testimony presented during the trial and sentencing phases of the Defendant's home life, early family life, lack of education and lack of a functional and traditional family unit. Prepare a personalized obituary for someone you loved.. May 14, 1940 - They called Chisholm to the back to bring the warrant and photo. 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. The law is well-settled that a motion for a continuance, even when based on an absent witness, is addressed to the sound discretion of the trial court. McTerry v. State, 680 So.2d at 956. 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). In light of the many levels of judicial scrutiny ahead in this case, we conclude it proper to again remand for the trial court to clarify its sentencing order on this point. MAY GOD BE WITH YOU IN YOUR TIME OF GRIEF. 733.) We are sad to announce that on October 7, 2021, at the age of 65, Kerry Donald Spencer (Fort Myers, Florida) passed away. 884, 885 (1940). (82 years old). 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. Receive obituaries from the city or cities of your choice. 401 So.2d at 349, quoting Thomas v. State, 15 Ala.App. Doyle Cox, age 84 of Boone and the Westhaven Community, passed away on Wednesday, February 22, 2023 at the Westhaven Community. 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. See, e.g., Stallworth v. State, 868 So.2d 1128 (Ala.Crim.App.2001) (opinion on return to remand) (if the aggravating circumstance that elevated the punishment to death was also an element of the capital offense, Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. That being said, we would expect if this man showed up to testify to some very important facts to this case, specifically as to why Carlos Owen and Harley Chisolm were going to the apartments on the numerous times on the date of the shootings. 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 . Thus, the limited mandates of Ring have been satisfied in this case, because by returning a guilty verdict in case no. Would you like to offer Kerry Donald Spencers loved ones a condolence message? It is solely for the jury to determine whether any particular inference that may possibly be drawn from given facts is or is not a reasonable inference, and not for the court to substitute its judgment for theirs in passing upon the character of inferences afforded by the evidence. Domingus v. State, 94 Ala. 9, 13, 11 So. She said Spencer was still asleep when Nate first began talking with the officers at the back door. The Court further cautioned, however, that the citizen was not authorized to kill an officer in resisting the illegal arrest, except in self-defense where the force used against the citizen was felonious rather then merely forcible. Our trusted partners offer additional helpful tools: At Legacy.com, you can find obituaries from any high school in your local community, you can make a charitable donation in a loved ones memory, and you can plant memorial trees in a loved ones name. denied, 508 U.S. 953, 113 S.Ct. Wayne Travis. denied, 524 U.S. 929, 118 S.Ct. Evidence technicians and a crime-scene investigator photographed and diagramed the scene and collected evidence in the area. He then went on to relate his version of the events that led to the shooting of these officers. 558 (1916). 850.) 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. He stated that shortly after he test-fired the weapon, there was a disturbance involving some women, so he got the SKS and fired it into the air a number of times to break up the dispute. We didnt know for sure 100 percent that it was him, so we had to get the picture, Collins said in a 2005 interview. He love is everlasting. Spencer, Kerry Scott age 72 of Edina, Minnesota passed away peacefully on February 13, 2021. It is apparent that neither the first (accused witnesses his spouse committing adultery) nor the third (accused witnesses an assault on a family member or close relative) legally recognized provocation is applicable in this case. His attitude in both was one of entitlement or justification. Sgt. He was preceded in death by his parents, wife Ann and two of his sons, Hugh and Paul. The trial court cited several reasons for overriding the jury's recommendation. SPENCER, , KERRY DARNELL Age 34 of Rowlett, TX, passed away August 6, 2006. In setting out the standard for plain error review of jury instructions, the court in United States v. Chandler, 996 F.2d 1073, 1085, 1097 (11th Cir.1993), cited Boyde v. California, 494 U.S. 370, 380, 110 S.Ct. Hundreds of officers from Birmingham and other departments descended upon the scene. THE COURT: That didn't really answer my question. I was so hurt to learn of Kerry's passing. 519, 41 So.2d 630 (1949). 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. The sentencing order is unclear as to whether the court found any nonstatutory mitigating circumstances to exist. Ladies and gentlemen, a peace officer-and this is directly out of the Code of Alabama 1975, 13A-3-27. As this Court indicated in Odoms v. State, 359 So.2d 1162 (Ala.Crim.App.1978), a person was authorized under common law to kill an officer in resisting an unlawful arrest only where necessary to save his own life or to save himself from serious bodily harm, provided that the necessity was real or apparent. We can't even get in touch with his lawyer. You know, he was going to take a hit. Lawyers for Nathaniel Woods, 42, have maintained his innocence, pointing out that another defendant in the case, Kerry Spencer, confessed that he was the sole gunman in the 2004 slayings.. Thus, the trial court considered the evidence presented by Spencer but accorded it no weight. Nathaniel Wood was executed in 2020. Information and advice to help you cope with the death of someone important to you. He was preceded in death by his brother: Raymount Spencer. At one point, Woods challenged Owen to stop hiding behind his badge and fight. The 58-year-old officer took off his badge, but Woods stayed behind the locked screen door. In case no. The trial court has complied with our instructions and has submitted on remand an amended sentencing order, again sentencing Spencer to death. She was described as a real doll. 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, Neil McConnell:On January 13, 2015, at the Waikari Hospital peacefully. My deepest sympathy goes out to you and your family. You say he is crucial. In Williams v. State, 938 So.2d 440 (Ala.Crim.App.2005), this Court addressed a similar issue as follows: An accused has the right to have the jury charged on any material hypothesis which the evidence in his favor tends to establish. Ex parte Stork, 475 So.2d 623, 624 (Ala.1985). Sneed v. State, 1 So.3d 104, 123 (Ala.Crim.App.2007), quoting Williams v. State, 710 So.2d 1276, 1305 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997). Both this Court and the Alabama Supreme Court have repeatedly denied the very claims now raised by Spencer on appeal. At that point, Officer Bennett was paralyzed and would not have been able to move to touch his leg.. Officer Owen followed Officer Chisolm into the apartment, with Officer Collins following Officer Owen. In the absence of evidence tending to show both that the appellant was in actual or apparent imminent peril and that he was unable to retreat, it is assumed that he was not in such peril and that he was able to retreat. And secondly he's your last witness. He has three attempted-murder charges against him that are pending. THE COURT: What is it you are asking me to do? A 1991 graduate of Tarrant High School. 663, 665, 248 So.2d 158, 160 (1971). Jimmy O'Neal Spencer. CC-04-4383 as to the capital offense of the murder wherein two or more persons are murdered by one act or pursuant to one scheme or course of conduct, see 13A-5-40(a)(10), the jury unanimously found at least one statutory aggravating circumstance, making Spencer eligible for the death penalty. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This category only includes cookies that ensures basic functionalities and security features of the website. THE COURT: Well, my point is he's got a lawyer I guess on these pending charges. In Sneed v. State, 1 So.3d 104 (Ala.Crim.App.2007), this Court addressed a similar issue; after discussing the Supreme Court's holdings in Taylor and Carroll, this Court stated: In Ex parte Carroll, the supreme court held that a jury's recommendation of imprisonment for life without the possibility of parole must be considered as a mitigating circumstance. So it's possible. 742, 136 L.Ed.2d 680 (1997)). Stating in his amended sentencing order on return to second remand that [i]f we are to have law and order in a civilized society, then officers like these, who were gunned down while trying to perform a government function or enforce the law must mean something. The trial court further noted that Spencer showed no remorse in his statement to the police following the murders or in his testimony; rather, the trial court felt that Spencer seemed to indicate that he was justified in killing these officers. The law requires that a belief of imminent peril and urgent necessity to slay in self-defense, though it may be based on appearances, must be both well-founded and honestly entertained. 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. 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. According to Spencer, he dropped the SKS assault rifle at that time and fled. You know, I had a little bit of [cocaine] powder left over from the night before. KERRY SPENCER Office and Finance Manager admin@cif-ifc.org About Kerry NATASHA MACHADO Director of Programs and Initiatives nmachado@cif-ifc.org About Natasha JEN DICKMAN Communications Manager jdickman@cif-ifc.org About Jen STEPHANIE ROBINSON Fundraising and Membership Coordinator srobinson@cif-ifc.org About Steph MATTHEW PERRY Thus, as in Sneed, we conclude that the trial court did comply with the principles espoused in Ex parte Taylor and Ex parte Carroll in overriding the jury's recommendation. In CC-04-4383 the count was seven (7) for life without parole and five (5) for death. 2. According to Dumas, he had stayed there for approximately 18 or 19 days, and that, although he saw officers patrolling the area, the morning of the shootings was the first time he saw officers actually come to the apartment. 733.) Gunfire erupted. God Bless you all. 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. Oct 1932 - Apr 2020. Copyright 2023 Echovita Inc. All rights reserved. Owen was checking to see if a car used by Woods and parked behind his Ensley apartment was stolen. Kerry Spencer passed away at age 34 years old on August 6, 2006. . 1088-89.). The officers argued with Woods through a screen door. renato's palm beach happy hour Uncovering hot babes since 1919. 2428, 153 L.Ed.2d 556 (2002), next argues that his sentence of death is unconstitutional. Cook v. State, 46 Ala.App. On October 9, 2005, the trial court issued an amended sentencing order. Prepare a personalized obituary for someone you loved.. September 6, 1956 - May God continue to lift up your spirits, look to the hills which cometh your health. During the sentencing hearing before the Court, [Spencer] testified that he was sorry for what he had done and apologized to the families of the victims. According to Dumas, when he began walking back to the apartment, he saw a large number of police officers, so he continued walking to a different location. On July 6, 1958 in Oklahoma City, Ok. a baby boy was born to Odell Williams and Maxine (Major) Williams. It is always difficult saying goodbye to someone we love and cherish. 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. Supreme court have repeatedly denied the very claims now raised by Spencer on appeal again sentencing Spencer death... Chisholm, left to double-check that the warrant was valid seven ( 7 ) life! With his lawyer, bless and keep you in my prayers learn Kerry... His Ensley apartment was stolen of sorrow ed.1982 )., 599 So.2d at 74 emphasis. The Fifth Amendment, I give up, Hugh and Paul only your. On remand, the trial court has complied with our instructions and has submitted on remand, the limited of... 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