kerry spencer obituary

Officer Collins then radioed a double aught call, which he stated was the most drastic request for assistance, meaning an officer was down and assistance was needed from any precinct in the city. 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. He was untruthful because the undisputed physical evidence contradicts his testimony.. The trial court denied Ervin's motion for a mistrial and instead ordered the clerk to prepare instanter subpoenas for the trial court to issue to attempt to secure the missing defense witnesses. The trial court considered this evidence to be a nonstatutory mitigating circumstance entitled to moderate weight considering the jury's vote, which in one case was 10 for life imprisonment without parole and 2 for death, and in two of the cases was 9 for life imprisonment without parole and 3 for death, and in the final case was 7 for life imprisonment without parole and 5 for death. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. I knew it wasnt Nathaniel, and I was like, Who the hell is that? , Spencer continued to fire. Donna & Shandrea Pierce Kevin & Matthew Adkins, My prayers and thoughts are with you during this time of bereavement. 1658.) As in Woods and the cases cited therein, the trial court here did not enter specific findings as to the existence or nonexistence of nonstatutory mitigating circumstances, and the principles espoused in Ex parte Taylor, Ex parte Tomlin, and Ex parte Carroll, and the cases cited therein, were not met as the trial court's sentencing order did not state that the jury's recommendation was treated as a mitigating circumstance and did not contain specific findings as to the weight assigned to the jury's recommendation of life imprisonment without parole or the reasons for the judicial override of that recommendation. To constitute adequate legal provocation, it must be of a nature calculated to influence the passions of the ordinary, reasonable man, Biggs v. State, 441 So.2d 989, 992 (Ala.Crim.App.1983)., Hafford v. State, 674 So.2d 1386, 1390 (Ala.Crim.App.1995).. 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 THE COURT: I disagree with you. It is mandatory to procure user consent prior to running these cookies on your website. Photos Add a photo The last occasion-. 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.. 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. (R. 238, 240, 39 So.2d 419, 421, cert. Spencer objected during the charge conference when the trial court indicated that it intended to give the now complained-of instructions; his objection was that the officers were not there to effect an arrest of Spencer and that when they went to the apartment to arrest Woods the officers did not necessarily have the warrant in their immediate possession upon request. He got in trouble in April of 2004 regarding attempted murder charges. 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. 913.) Pilley v. State, 930 So.2d 550, 561-62 (Ala.Crim.App.2005). In his amended sentencing order on return to second remand, the trial court has clarified its findings concerning the mitigating circumstance in 13A-5-51 (Ala.Code 1975), as to whether Spencer was capable of appreciating the criminality of his conduct or whether his ability to conform his conduct to the requirement of the law was substantially impaired during the commission of the offenses. However, in our first opinion remanding this case, this Court had noted that there was evidence at trial that Spencer had ingested cocaine, Seraquel, and alcohol on the morning of the shootings, and that the State had requested a jury instruction as to the level of intoxication required to negate specific intent to kill. Officer Collins testified that he heard additional gunfire as he was taking cover behind his automobile and that bullets were striking his vehicle. 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). Unprisoned will be available to stream on Disney+ from March 10. So if they are there legally, what's the relevance of that, even if he were to come in here and say that? 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. 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. Brookhaven, MS 39601. 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. My thoughts and prayers are with you in this time of deep sorrow. 828, 829 (1909). Echovita offers a solidarity program that gives back the funds generated to families. My heart goes out to you at this time and in the days ahead. and Fuck you. If you know of an upcoming event for Kerry Donald Spencer, please add one. He drove there to help and encountered Nathaniel Woods for the first time. The rule of self-defense is that persons may and must act on the reasonable appearance of things. Later, with a photo of Woods and a copy of the warrant in hand, they set out to arrest Woods. Aoife, from Moyvane, Co Kerry, and Eoin, Abbeyfeale, Co . He took the assault rifle with him. Echovita offers a solidarity program that gives back the funds generated to families. It is with sadness that we announce the passing of Mr. Allen McKinnon with his wife, Glenda, by his side, after a hard-fought battle with Parkinson's Disease, on Thursday, February 23, 2023 at the age of 63 years. denied, 288 Ala. 748, 265 So.2d 192, cert. CC-04-4131, Spencer was convicted of intentionally causing the death of Charles R. Bennett by shooting him with a firearm while Bennett was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. (R. Ways to honor Kerry Spencer's life and legacy. At that point, Officer Bennett was paralyzed and would not have been able to move to touch his leg.. Markesha Williams testified that she had been at the apartment the night before the shootings and both times the officers came to the apartment on the day of the shootings. 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. Spencer next contends that the trial court erred in refusing to instruct the jury on heat-of-passion manslaughter as a lesser-included offense. According to court documents the three police officers were attempting to serve an arrest warrant on Nathaniel Woods when the two men opened fire killing Carlos Owen, Robert Bennett and Harley Chisholm. Chisholm, Owen and Collins followed. He was preceded in death by grandparents Rollin and Lucille Sellers and Raymond Allison. He has three attempted-murder charges against him that are pending. Obituaries. Thus, although it is apparent that the trial court considered the evidence Spencer offered as nonstatutory mitigating circumstances, it is not clear from the record whether the trial court found any of the evidence to actually constitute nonstatutory mitigation. Spencer testified that he told Nate they could not sell any drugs that day because of the increased scrutiny from the officers. Spencer testified that Nate went to the front door and engaged in a discussion with an officer. Defense counsel requested a continuance until 8:30 a.m. the following morning, and the trial court recessed until 8:30 a.m. the following morning. See also People v. Perry, 61 N.Y.2d 849, 473 N.Y.S.2d 966, 966-67, 462 N.E.2d 143, 143-44 (App.1984) ([a] charge on intoxication should be given if there is sufficient evidence of intoxication in the record for a reasonable person to entertain a doubt as to the element of intent on that basis). Owen told Collins to check Woods name in the criminal database from his patrol car. THE COURT: For the record you've got an exception., (R. denied, 409 U.S. 1079, 93 S.Ct. For the reasons expressed here, in our February 27, 2009, opinion, and in our April 4, 2008 opinion, we affirm Spencer's convictions and sentences. Our deepest condolences are with you as you grieve. Officer Collins stated that he was familiar with the area so he proceeded to that location to back up Officer Owen. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. He is survived by. Previous Next 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. In determining this question 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 of fact for the jury., Byrd v. State, 257 Ala. 100, 104, 57 So.2d 388, 391 (1952). 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. King v. State, 71 Ala. 1, 4 (1881). More recently, in Scott v. State, 937 So.2d 1065 (Ala.Crim.App.2005), this Court remanded the case for clarification of the sentencing order, noting in part: In a listing of mitigating circumstances the court found not to exist, the court included, Any other mitigating circumstance offered pursuant to 13A-5-52, Code of Alabama 1975. (C. (R. Spencer next challenges the trial court's use of the State's requested jury instructions number eight and number nine. They are irritated. Prepare a personalized obituary for someone you loved.. September 6, 1956 - What kind of arrangement is appropriate, where should you send it, and when should you send an alternative? However, as a young boy I can remember Kerry with fondness. Share FacebookTwitterLinkedinEmail address Listen Follow Report this obituary 2348, 147 L.Ed.2d 435 (2000), was not violated because the jury's verdict in the guilt phase found that fact to exist beyond a reasonable doubt). He took a Seroquel, which is a short-acting anti-psychotic drug, with a beer to help him sleep. It is solely for the jury to determine whether the inference that accused was in actual or apparent immediate peril is reasonable. (Emphasis added.) make a charitable donation in a loved ones memory, plant memorial trees in a loved ones name. 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. Kerry is survived by his mother: Bernice Rose & husband Raymond; step-father: Frankie Spencer; father:. I am so sorry to hear about your lost,you will be in my prayers. Because the evidence was proper to establish factors such as motive and intent, we find no plain error in the trial court's failure to sua sponte issue a limiting instruction as to the complained-of evidence. He was treated and released. (65 years old). Copyright 2023 Echovita Inc. All rights reserved. Jacqueline Buchanan testified that she was a public safety dispatcher with the City of Fairfield. Here, however, defense counsel conceded that there was conflicting information as to whether Cooper would testify at trial, particularly in light of pending criminal charges against him and the fact that his expected testimony could implicate him in additional criminal activity. (R. Tawuan Townes. My prayers go out to you and your family in your time of bereavement. Spencer next argues that the trial court erroneously failed to instruct the jury on voluntary intoxication and the lesser-included offense of manslaughter. 22, 304 So.2d 263, cert. Woods and Kerry Spencer were convicted of capital murder and sentenced to death in the slayings of the three Birmingham officers that rocked Alabama's largest city that year. He is survived by his wife Pam Spencer. See Ex parte Carroll, 852 So.2d 833 (Ala.2002) ([A jury's recommendation of life imprisonment without parole] is to be treated as a mitigating circumstance.); and Ex parte Taylor, 808 So.2d 1215, 1219 (Ala.2001) ([T]he trial judge must state specific reasons for giving the jury's recommendation the consideration he gave it.). Alabama Death Row Inmate List - T. Jarrod Taylor. MAY GOD CONTINUE TO BLESS YOU AND YOURS DURING THIS TIME OF GRIEF. 190, 192 (1891). The foregoing opinion was prepared by Retired Appellate Judge H.W. 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. 1669.) I ain't got no papers on me. 733.) More times than not they don't, but sometimes they do.. This is number nine. Home. 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. 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,. Spencer first argues that the trial court erroneously allowed evidence of collateral crimes and prior bad acts, without sua sponte giving a limiting instruction to the jury regarding the proper use of the now complained-of evidence. Kevin Towles. Gunfire erupted. 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. KERRY SPENCER Office and Finance Manager [email protected] About Kerry NATASHA MACHADO Director of Programs and Initiatives [email protected] About Natasha JEN DICKMAN Communications Manager [email protected] About Jen STEPHANIE ROBINSON Fundraising and Membership Coordinator [email protected] About Steph MATTHEW PERRY Officer Collins stated that he heard Woods yell, I give up. Jerry was born on March 12, 1946 to Gertrude. 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. The trial court indicated that there was no information indicating that Cooper had ever been served with a subpoena. Obituaries week of March 1; . 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. [Defense counsel]: I do object, for the record. Officer Hugh Butler was the first to go to Collins. The question is not merely what the defendant believed, but also, what did he have the right to believe. Alabama Code 1975, 13A-3-23 Commentary. Our Location 140 Churchill Ave Wawa, Ontario P0S 1K0 Phone: (705) 856-7340 or 1-800-439-4937 Contact Us Phone: (705) 856-7340 or 1-800-439-4937 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. However, this assertion is unsupported by the record. On October 5, 2005, Spencer filed a motion for a new trial. And so instead of having a coordinated movement, like when I pick up this paper clip or whatever, you have just random contractions, seizures if you would. A trial court's oral charge to the jury must be construed as a whole, and must be given a reasonable-not a strained-construction. Please try again. This Court puts no weight on this proffered theory by the defense.. Food has always been a go-to for people in mourning. And that he quit paying them. He was preceded in death by his brother: Raymount Spencer. In his amended sentencing order on return to our first remand, the trial court found that this mitigating circumstance was not present; it determined that Spencer presented no evidence to support this mitigating circumstance. Some kind of incident happened in New Hill in Birmingham or in the Bessemer District of Jefferson County. Kerry Darnell Spencer of South Carolina was born on August 25, 1971. In case no. Coon v. State, 494 So.2d 184, 187 (Ala.Crim.App.1986) (quoting Government of the Virgin Islands v. Carmona, 422 F.2d 95, 99 n. 6 (3d Cir.1970)). At the time of the shootings, 13A-3-23, Ala.Code 1975, provided: (a) A person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for the purpose. A number of officers canvassed the neighborhood after failing to locate the suspects in their initial search of the apartment. The email address cannot be subscribed. This Court concluded that the circuit clerk had failed to perform its affirmative duty under 12-21-244, Ala.Code 1975, to see that the defense's requested subpoenas were issued before trial, and, thus, that the trial court had to take all steps necessary to ensure the defendant's constitutional guarantee of compulsory process. Id. Spencer testified that he waited until Officer Collins reached his car and then fired a couple of rounds into his windshield before turning and fleeing through the front door of the apartment. 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. Copyright 2023 Echovita Inc. All rights reserved. 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. Harrison v. State, 580 So.2d 73, 74 (Ala.Crim.App.1991). In the 21st century, it's not just urns and gravestones anymore. Kerry Spencer Castle, 59, of Travelers Rest, passed away on Tuesday, June 09, 2020, riding his favorite Ducati. Later he found a metal fragment in his pocket. 1638.). Write your message of sympathy today. Menu. Washington testified that a minute or two later he heard gunfire from inside the apartment and that he remained hidden under the automobile until the gunfire subsided, at which time he fled on foot. McTerry requested a subpoena after the victim testified, contending that it had not previously subpoenaed Williams because Williams was already under subpoena by the State, and it did not anticipate any conflict between Williams's expected testimony and the victim's expected testimony. 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. Raper v. State, 584 So.2d 544 (Ala.Cr.App.1991). The trial court indicated that it found nonstatutory mitigating circumstances to exist, but it failed to identify which nonstatutory mitigating circumstances it found to exist. Spencer stated that shortly after 10:00 a.m. that morning, he took a Seroquel tablet and drank a beer to help him sleep. 928 So.2d at 326-27. 627, 634, 74 So. 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. [Defense counsel]: I think we need to make an attempt to see if he is there and see if he is going to come. He attended Boone Public Schools. 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. This belief that the assailant is going to use unlawful deadly physical force must be both honestly entertained and reasonable. The trial court noted: In CC-04-4129 the jury's recommendation was nine (9) for life without parole and three (3) for death. Spencer was the shooter but he had not acted alone, police alleged. [Assistant defense counsel]: He's got a lawyer in his attempted-murder case. The right to compulsory process is guaranteed by the constitution, and neither the legislature nor the courts can deprive a defendant of that right. 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. [Defense counsel]: Yes, he has. As with the two above-discussed portions of the amended sentencing order, what weight and credibility to assign the evidence rests with the trial court. May the love of friends and family carry you through your grief. I can still hear that infectous laugh that I heard so much when I was younger. However, [t]he reasonableness of an apprehension of death or great bodily injury is a question of fact for the jury. F. Wharton, The Law of Homicide, 287 at 462 (3d ed.1907). He stated that when they arrived, he saw one individual run back inside the apartment and that Woods was standing at the screen door. Mon Feb 27 2023 - 05:00. 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. Spencer testified that he carried his SKS assault rifle with him and put it beside his leg when he took a nap. Both Nathaniel Woods and Kerry Spencer were arrested, convicted and sentenced to death. The toddler was pictured using his baby version of ASL to sign 'help' to his mum Credit: Kerry Spencer. You know, that occasionally happens. Therefore, Spencer is not entitled to any relief on this claim. Officer Owen removed his badge and a female neighbor standing nearby called Officer Owen by his nickname, Curly, at which time Officer Owen put his badge back on, put his arm around the female and then the two officers walked back toward their automobiles. THE COURT: Don't you think he might need a lawyer if they indict him and he gets up and testifies in regard to his criminal activity involved in that apartment out there and these two defendants?

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