Aoife, from Moyvane, Co Kerry, and Eoin, Abbeyfeale, Co . 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. Defense counsel averred that a subpoena had been issued on May 17, 2005, to secure the presence of Cooper as a witness at trial. 99-403, Ala. Acts 1999, the Alabama Legislature amended 13A-5-49, Ala.Code 1975, to include, among other things, 13A-5-49(9), which provides as a statutory aggravating circumstance that [t]he defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct. In Ex parte Stephens, 982 So.2d 1148 (Ala.2006), the Alabama Supreme Court indicated that an instruction that a guilty verdict on the capital offense set out in 13A-5-40(a)(10) (two or more persons) established the existence of that statutory aggravating circumstance when the offense was committed on or after the September 1, 1999, effective date of the legislative amendment to the statute. (R. That would be images I would have seen forever.. 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. denied, 409 U.S. 1079, 93 S.Ct. So he was going to do it because of the family. [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. Send simple, comforting meals with Home Chef. Kerry Spencer lit a candle 21/07/2022 Kerry Spencer wrote Missed and loved but thought about daily, a lady whom touched many hearts and made memories that will last in our minds forever Sleep tight and fly free XXXX JKLO Report abuse 21/07/2022 Comment on this message David Spencer wrote I miss you so much See also Ex parte Pettway, supra, and Mordecai v. State, 858 So.2d 993 (Ala.Crim.App.2003).. 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. KERRY SELLERS OBITUARY. 1658-59.) Spencer testified that at the time of the shootings, he had a cocaine habit of about six to seven grams a day. (R. 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. ), aff'd 758 So.2d 81 (Ala.1999). There was no reasonable theory to support an instruction on intoxication because there was no evidence of intoxication. So I issue an instanter subpoena, what are we going to do? FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Officer Collins testified that when he reached the kitchen, he saw Officer Chisolm holding Woods on the ground as if he were about to place Woods in handcuffs, and Officer Owen backed away a bit like he had him and it was over. (R. To plant Memorial Trees in memory of Perry Calvin Spencer, please click here to visit our Sympathy Store . According to Spencer, Curly took off his badge and told them to come out, to which Nate responded that they were not stupid, at which time Carolyn Slaughter walked over to Curly and intervened, telling Curly to stop acting like that and to put his badge back on. Section 13A-6-3, Ala.Code 1975, states, in pertinent part: (a) A person commits the crime of manslaughter if: (2) He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.. 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. A celebration of life will be held at the Spencer household on May 15 at 2:00 pm. Put all of this on the record? Giving to charity is a meaningful way to honor someone who has died. Evidence technicians and a crime-scene investigator photographed and diagramed the scene and collected evidence in the area. 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. Thus, the limited mandates of Ring have been satisfied in this case, because by returning a guilty verdict in case no. 561, 562 (1934). I called them (the other officers) on the radio but they didnt answer. Sgt. SELLERS, KERRY DEWAYNE "SRELLES", age 30, passed away July 22, 2003. Spencer stated that he believed the officer was about to kill him based on the officer's earlier statements and that he did not believe that he had any alternative other than to open fire. 913.) We are sad to announce that on October 7, 2021, at the age of 65, Kerry Donald Spencer (Fort Myers, Florida) passed away. Therefore, Spencer is not entitled to any relief on this claim. Flawless Execution. 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. 1959 - 2023. We again pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. The radio he was using kept giving him a busy signal as he frantically tried to call for help. (R. THE COURT: First of all, the officers are there on a lawful arrest warrant. 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. If he is avoiding the service or avoiding the pick up, then I don't know anything else the Court can do. My deepest sympathy to the family. Although [Spencer] offered an apology for his actions, it is in direct contradiction with the undisputed facts of the case nor his statement to police after his arrest, or his testimony before the jury in the penalty phase. 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. On October 5, 2005, Spencer filed a motion for a new trial. He stated that, in addition to wounds resulting from gunshots that grazed but did not penetrate deeply into his body, Officer Chisolm suffered multiple gunshot wounds to his back and side, and a number of those bullets traveled through and exited his body. 371, 372, 77 So. 17.) Thus, we find no error, plain or otherwise, in the trial court's giving of the State's requested instructions eight and nine. Carolyn Slaughter testified that she lived in the apartment complex at the time of the shootings. May God bless your family and you have our sympathy at this time of sorrow. 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. 663, 665, 248 So.2d 158, 160 (1971). He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. Over the years I have thought of Kerry and our times together while playing football, and I will always remember his smile and his laugh. He love is everlasting. Doyle served in the Iowa National Guard. Ervin, 584 So.2d at 949. As the days and weeks pass, and as you return to lifes routine, may you continue to feel comforted by the love and support of family and friends. Always - Sharetha LaJoyce Ivory*** PIG - I love you all. So they are there in the house legally. Here, although the trial court referenced the jury's recommendation that Spencer be sentenced to life imprisonment without parole, the circuit court's order did not state that the trial court found the jury's recommendation to be a mitigating circumstance and did not contain written findings concerning what weight that jury recommendation was given, or the reasons why it overrode the jury's recommendation. 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. She stated that she next saw the officers take Nate down inside the kitchen and that she got up and went into the bathroom. You can object [defense counsel], but quite frankly-. 1638.). 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. I will always remember you as the awesome football player with the great personality! Between 9:00 o'clock and 10:00 o'clock the next morning he drank one beer, he took one Seraquil [sic] and possibly a very small amount of powder cocaine. (R. 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 . 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. 912.) 266 (1910).. At the close of the defense's case, the defense renewed its motion for a mistrial on the grounds that two witnesses, both of whom were eyewitnesses to the shootings and further provided corroborating evidence supporting Ervin's claim that the shootings were in self-defense, were absent. Tributes.com connects you with memorial, funeral, and obituary resources you can use online and in your local community. Bern, please know that I am with you all. Des Moines - Larry H. Spencer, 82, passed away on Saturday, May 21, 2022 which was Armed Forces Day. I give up. The appellant, Kerry Spencer, was convicted of four counts of capital murder for his involvement in the shootings of four Birmingham police officers. 2167 Heucks Retreat Road NE. Ladies and gentlemen, a peace officer-and this is directly out of the Code of Alabama 1975, 13A-3-27. Officer Clifton stated that the 9mm Beretta handgun was damaged. No. David Kessler's top 4 tips for dealing with holiday grief. 1088-89.). OB6 Obituaries, Notices. 728.) Collins said he felt a slap on his side and on his pistol which was holstered. Blanton identified Spencer in court as the suspect taken into custody. CC-04-4132. According to Buchanan, she confirmed for the Birmingham Police Department's dispatcher that Fairfield had an outstanding arrest warrant for Nathaniel Woods. 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. Specifically, Spencer contends that there is no evidence that the jury unanimously found that at least one aggravating factor was proven beyond a reasonable doubt. Audra Tieara,Allegra & Joseph Antwine/Johnson. In the present case, at approximately 4:45 p.m. on Saturday, June 19, 2005, during the defense's case, the defense called Cooper as its final witness; however, he was not present. . The defendant then went to sleep and slept until the officers arrived around 1:00 p.m. that afternoon. Here, the murders were committed years after the effective date of 13A-5-49(9). A unique and lasting tribute for a loved one. His search showed Woods was wanted on a misdemeanor charge out of Fairfield, accused of beating up his girlfriend. Moreover, the trial court attached little weight to Spencer's lack of significant history of prior criminal activity. He shot the first two officers repeatedly in the back and the third officer at point-blank range in the head some period of time after that officer had been mortally wounded by a gunshot to the chest that impacted numerous internal organs and the spinal cord. 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. According to Officer Jacobs, after he advised Spencer of his Miranda4 rights, Spencer agreed to speak with officers. (R. Spencer may indeed have had a fear of the officers, but based on the evidence presented, we cannot say that that fear was reasonable. But at least the one attempt and as crucial as this witness is, it's important. While on patrol, Collins heard Owen talking on the police radio about a complaint on 18th Street in Ensley. THE COURT: We checked the computer and the computer doesn't show him served. He was paying them a thousand dollars a week. Stay up-to-date with how the law affects your life. This category only includes cookies that ensures basic functionalities and security features of the website. He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. Spencer Jones hit four 3-pointers and scored 21 points on 7-of-13 shooting from the field, Brandon Angel added 14 points, seven rebounds and four assists and Stanford beat Washington 81-69 Sunday . Several of the officers who responded to the double-aught call testified at trial. He said he was stunned and that he radioed a shots fired call and considered his options. He is preceded in death by Father Jack Spencer, Mother Joyce Spencer, Sister Debra and Brother. 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. For the reasons that follow, we agree with the State. And so you have this random discharge. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Does [Cooper] have pending criminal charges at this time? Spencer then said he had his AK and that the officers came into the apartment with their guns for no reason spraying Mace, so he shot everyone who was pointing a gun at him. 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. A charge on intoxication should be given if there is an evidentiary foundation in the record sufficient for the jury to entertain a reasonable doubt in the element of intent. They are dying, and so you have this random discharge and so instead of having a coordinated movement like I have when I pick up this paper clip or whatever, you have just random contractions, a seizure if you [w]ould. 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.. denied, 508 U.S. 953, 113 S.Ct. The trial court then stated specific reasons for giving the jury's recommendation the consideration it gave it. 928 So.2d at 326-27. 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. My thoughts and prayers are with you in your time of grief. Here, the trial court considered the jury's recommendation as a mitigating circumstance and assigned it moderate weight. 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. German government ministries run by the Green Party emit by far the most CO2 when it comes to government flights. An independent weighing of the aggravating and mitigating circumstances indicates that death is the proper sentence. 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. They are dying. Would you like to offer Kerry Donald Spencers loved ones a condolence message? As to whether the second legally recognized provocation (whether Spencer was assaulted or faced with an imminent assault on himself) is applicable under the facts of this case, we have reviewed the evidence and answer that question in negative. If you know of an upcoming event for Kerry Donald Spencer, please add one. Who responded to the double-aught call testified at trial was damaged PIG - I love you.! Evidence technicians and a crime-scene investigator photographed and diagramed the scene and collected in! Checked the computer does n't show him served category only includes cookies that basic... Dealing with holiday grief Ala.1999 ) felt a slap on his pistol which was holstered collins said was! On 18th Street in Ensley Spencer of his Miranda4 rights, Spencer agreed to speak with officers Saturday May! Scroggins ) Rose your local community will be held at the Spencer household on May at... A meaningful way to honor someone who has died 22, 2003 as mitigating... 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