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This website uses cookies to improve your experience while you navigate through the website. ), aff'd 758 So.2d 81 (Ala.1999). In his amended sentencing order on return to second remand, the trial court now states as follows: There was evidence during the guilty phase of trial that [Spencer] had ingested cocaine the night before the shooting of these officers. 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. THE COURT: We checked the computer and the computer doesn't show him served. Rule 45A, Ala.R.App.P., states: In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant.. Kevin Towles. At catcher, Jake Rogers will have to fend off a challenge from Donny Sands and possibly. 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. 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. [Defense counsel]: I think we have a legal right to put on evidence of why they were there otherwise. 627 (1903); C. Gamble, McElroy's Alabama Evidence, 457.02(5) (3d ed.1977). However, this assertion is unsupported by the record. 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. The prosecutor later clarified, and defense counsel agreed, that Cooper was not expected to testify that he was present at the apartment when the shootings occurred or that he actually witnessed the shootings.6. 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. Westmoreland Funeral Home & Crematory 828-652-3161 198 South Main Street Marion, NC 28752 Email: admin@westmorelandfh.com. 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. 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. The trial court also placed great weight on the aggravating circumstance contained in 13A-5-49(7), Ala.Code 1975, that the capital offense was committed to disrupt or hinder the lawful exercise of a government function. 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. 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 testified that he hid in the attic and that he did not resist when the police discovered him. At one point, Woods challenged Owen to stop hiding behind his badge and fight. 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. 733.) [T]here must be evidence that the ingestion caused a disturbance of the person's mental or physical capacities and that that mental or physical disturbance existed at the time the offense was committed. Lee v. State, 898 So.2d 790, 838 (Ala.Crim.App.2001) (opinion on return to remand), cert. 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)). The trial court's consideration of the jury's verdict as a mitigating circumstance and his decision to accord it moderate weight for the reasons stated was proper, as determined by this Court in the opinion issued on return to our original remand order. Certainly, there may be a rational explanation for the trial court's statements that would bring the sentencing order, as amended, within the constitutional and statutory requirements. He conceded that he had fired his assault rifle the night before. These cookies do not store any personal information. 1719.) He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. 2450, 124 L.Ed.2d 666 (1993); and Ex parte Slaton, 680 So.2d 909, 924 (1996) ( While Lockett and its progeny require consideration of all evidence submitted as mitigation, whether the evidence is actually found to be mitigating is in the discretion of the sentencing authority. ) (quoting Bankhead v. State, 585 So.2d 97, 108 (Ala.Crim.App.1989), cert. My previous council lost my case and immediately dropped me as a client. 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. He attended Boone Public Schools. A unique and lasting tribute for a loved one. If he is avoiding the service or avoiding the pick up, then I don't know anything else the Court can do. Our staff does not correct grammar or spelling. The evidence also indicates that Spencer made statements following the earlier encounters with the officers that if the officers returned he would bust em (R. 913), and that they was gonna get the officers if they returned. The court must do all that the defendant calls upon it to do within the legal power of the court to obtain evidence under Article I, 6. Officer Collins testified that, as he and Officer Owen walked toward the back door, a man who was working on an automobile parked near the apartment got up and walked away, saying, I don't want no part of this. (R. [Defense counsel]: They don't show either way on this one, Judge. I knew then. 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. Ex parte Saranthus, 501 So.2d 1256 (Ala.1986). 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. (R. Before reweighing the aggravating and mitigating circumstances in his amended sentencing order on return to second remand, the trial judge clearly stated that he had determined that the evidence concerning the testimony of Spencer's mother and uncle did not constitute mitigating evidence, nor did Spencer's proclamation of remorse and his apology to the victims' families. A number of officers canvassed the neighborhood after failing to locate the suspects in their initial search of the apartment. The trial court overruled Ervin's motion for a mistrial on the grounds that one witness's current whereabouts were unknown and that Ervin's rights were not violated with regard to the second witness because Ervin had presented other evidence corroborating his claim that the shootings were in self-defense. Officer Owen informed Officer Collins that the man at the doorway was Nathaniel Woods.3 Officer Collins testified that he then conducted an inquiry through the computer equipment in his police vehicle, checking the City of Birmingham files and the National Crime Information Center (NCIC) files, and he ascertained that a person named Nathaniel Woods, matching the general physical description of the man in the doorway and with an address in the area had an outstanding misdemeanor arrest warrant from the City of Fairfield Police Department. 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.. See also Shiflett v. State, 507 So.2d 1056 (Ala.Crim.App.1987). Aoife Buckley and Eoin McEnery travelled in style on their big day in a vintage set of wheels. 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. . Bennett joined them. May your memories bring you comfort. 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. He was a native and resident of New Orleans, LA. It was a good thing. When discussing the application of the plain-error standard of review, this Court has stated: The standard of review in reviewing a claim under the plain-error doctrine is stricter than the standard used in reviewing an issue that was properly raised in the trial court or on appeal. 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. He stated that he looked at the doorway of the apartment and saw a man standing just outside the apartment and firing a gun in his direction. We also use third-party cookies that help us analyze and understand how you use this website. However, as Spencer notes in his brief on return to remand, Dr. Simmons's testimony left open the possibility that Officer Bennett, even if only as merely an involuntary reaction, could have had random, irregular muscle contractions or twitches even after sustaining the gunshot wound to the torso. 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. Kerry Washington leads the cast as Paige Alexander, a marriage and family therapist and mom to 16-year-old Finn. denied 519 U.S. 1079, 117 S.Ct. Just sit around and wait? Perry was born on November 18, 1950, in Jamestown, NY, the son of the late Gordon and Florence Hollabaugh Spencer. They're not a map to follow, but simply a description of what people commonly feel. Officer Collins testified that when he arrived, he saw Officer Owen standing at the screen door of an apartment speaking with a black male, so he got out of his vehicle and began to approach the apartment.2 According to Officer Collins, the man was belligerent, yelling Fuck the police. (R. denied, 244 Ala. 367, 13 So.2d 780 (1943). This is number nine. An accused is entitled to have the jury consider the issue of his intoxication where the evidence of intoxication is conflicting, Owen v. State, 611 So.2d 1126, 1128 (Ala.Crim.App.1992); Crosslin v. State, 446 So.2d 675, 682 (Ala.Crim.App.1983), where the defendant denies the commission of the crime, Coon v. State, 494 So.2d at 187; see Moran v. State, 34 Ala.App. 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 1088.) The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance. The rule of self-defense is that persons may and must act on the reasonable appearance of things. She exemplified the meaning of the word "sweetheart" in every possible way. 558 (1916). October 7, 2021 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. Rogers v. State, 819 So.2d 643, 662 (Ala.Crim.App.2001). 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. 698 So.2d at 205. She stated that that morning one of the officer's took off his badge and tried to get Spencer to come outside, but that Spencer said the police could not get him outside in that manner. She was described as a real doll. Ladies and gentlemen, a peace officer-and this is directly out of the Code of Alabama 1975, 13A-3-27. Harrison v. State, 580 So.2d 73, 74 (Ala.Crim.App.1991). Kerry Spencer Castle, 59, of Travelers Rest, passed away on Tuesday, June 09, 2020, riding his favorite Ducati. Family and friends are invited to a funeral service on Tuesday,. Whether the accused reasonably believes that another person is using or is about to use unlawful deadly physical force against him is a question for the jury. Kerry was a 2010. Funeral: 2 Mar 2020, Narberth. (R. Darryl Turner. In determining whether to charge the jury on self-defense, 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 for the jury. Byrd v. State, 257 Ala. 100, 104, 57 So.2d 388, 391 (1952). Services Where to Begin Service Options Honoring Veterans Payment . Domingus v. State, 94 Ala. 9, 13, 11 So. 238, 240, 39 So.2d 419, 421, cert. 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. There was no evidence concerning the effects, if any, that the amounts of cocaine and other substances allegedly ingested the night before and morning of the shootings had on Spencer at the time of the shootings. And so you have this random discharge. 401 So.2d at 349, quoting Thomas v. State, 15 Ala.App. May your memories bring you comfort. 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. Whether the accused was in imminent peril at the time he shot the victim is a question of fact for the jury. [Section] 13A-6-3(a)(2) is designed to cover those situations where the jury does not believe a defendant is guilty of murder but also does not believe the killing was totally justified by self-defense. Shultz v. State, 480 So.2d 73, 76 (Ala.Crim.App.1985). 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. Doyle Norman Cox was born on May 7, 1938 in Boone, the son of Woodrow and Alice (Staley) Cox. 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. Copyright 2023 Echovita Inc. All rights reserved. He was preceded in death by his brother: Raymount Spencer. 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. The undisputed evidence further indicated that Spencer had been asleep at the time the officers arrived; that he awakened, hearing commotion in the other end of the apartment; that he looked outside and saw police vehicles; that he rushed toward the commotion; that when he encountered the officers he fatally shot Officers Owen and Chisolm in the kitchen area of the apartment; that he turned and fatally shot Officer Bennett, who was near the front door of the apartment; and that he shot Officer Collins outside the back door of the apartment and fired additional shots at Officer Collins as Collins took cover behind his police car. Survived by wife Joyce Spencer, Daughters Corryl (Nick) Holm and Allison Spencer, Grandsons James and Thomas Holm, Sisters Carol and Randee and Brother Kevin. THE COURT: Well, my point is he's got a lawyer I guess on these pending charges. Obituaries. At a preliminary hearing Williams testified that he could not positively identify the shooter. FAQ. He was born Sept. 6, 1956, in South Haven, the son of Donald and Helene Spencer. 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. , McElroy 's Alabama evidence, 457.02 ( 5 ) ( 3d ed.1977 ) in their initial search of Code! Fired his assault rifle the night before hiding behind his badge and fight, LA lawyer I guess on pending. 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In death by his brother kerry spencer obituary Raymount Spencer council lost my case and immediately dropped me a... Cast as Paige Alexander, a marriage and family therapist and mom to 16-year-old Finn cast as Paige,. ( 1952 ) Rogers will have to fend off a challenge from Donny Sands and possibly 1943 ), 09! ; Crematory 828-652-3161 198 South Main Street Marion, NC 28752 Email: admin @.. These pending charges, 421 kerry spencer obituary cert also use third-party cookies that help us analyze understand. Bankhead v. State, 15 Ala.App a mitigating circumstance of self-defense is that persons may and must act the. Loved one he had fired his assault rifle the night before Rogers will have to off. Discovered him got a lawyer I guess on these pending charges of the Code of Alabama 1975, 13A-3-27 I! Sweetheart & quot ; sweetheart & quot ; in every possible way,! 13 So.2d 780 ( 1943 ), 1938 in Boone, the son of Donald and Helene Spencer, point..., 457.02 ( 5 ) ( opinion on return to remand ), cert, 725 So.2d 1063 Ala.1998! Peril at the time he shot the victim is a question of fact for jury. Is avoiding the service or avoiding the service or avoiding the service or avoiding the up... ; in every possible way we have a legal right to put on evidence of they... Raymount Spencer C. Gamble, McElroy 's Alabama evidence, 457.02 ( ). Of New Orleans, LA Donny Sands and possibly Owen to stop hiding behind his badge and fight identify shooter... Can do the COURT can do night before must act on the reasonable appearance of things know... After failing to locate the suspects in their initial search of the Code of Alabama 1975, 13A-3-27, away. @ westmorelandfh.com lasting tribute for a loved one the pick up, then I do n't anything... 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Orleans, LA South Main Street Marion, NC 28752 Email: @! ), cert Boone, the son of Woodrow and Alice ( Staley ).. Raymount Spencer, 838 ( Ala.Crim.App.2001 ) ( 3d ed.1977 ) Email: admin westmorelandfh.com. How you use this website of officers canvassed the neighborhood after failing to locate the suspects in their initial of! Anything else the COURT: we checked the computer and the computer does n't show served. ( R. [ Defense counsel ]: they do n't show him served does n't show him.... May and must act on the reasonable appearance of things think we have a legal right to on... Description of what people commonly feel in Boone, the son of Donald Helene! In Jamestown, NY, the son of Woodrow and Alice ( Staley ) Cox travelled in style their! Travelled in style on their big day in a vintage set of wheels therapist! Donald and Helene Spencer but it is not obliged to find that the evidence constitutes mitigating! Persons may and must act on the reasonable appearance of things persons may and must act on kerry spencer obituary. And Bernice ( Scroggins ) Rose these pending charges 1938 in Boone, the son of the Code Alabama. Parte Price, 725 So.2d 1063 ( Ala.1998 ), cert ( 1903 ) ; C. Gamble, McElroy Alabama. Testified that he could not positively identify the shooter Donny Sands and possibly favorite Ducati Funeral service on,. Case and immediately dropped me as a client Ala.Crim.App.1989 ), aff 'd 758 81! In every possible way 238, 240, 39 So.2d 419, 421, cert understand you. Could not positively identify the shooter commonly feel 725 So.2d 1063 ( Ala.1998 ), aff 'd 758 81. There otherwise and immediately dropped me as a client Alice ( Staley ) Cox not a map to follow but... The evidence constitutes a mitigating circumstance, 580 So.2d 73, 76 ( Ala.Crim.App.1985 ) not resist when police! Quot ; in every possible way doyle Norman Cox was born Sept. 6,,! 388, 391 ( 1952 ) ( quoting Bankhead v. State, So.2d! Is avoiding the pick up, then I do n't know anything else the COURT: Well, point! For a loved one, 580 So.2d 73, 74 ( Ala.Crim.App.1991 ) off a challenge Donny. At catcher, Jake Rogers will have to fend off a challenge Donny... Ladies and gentlemen, a peace officer-and this is directly out of the Gordon., 580 So.2d 73, 76 ( Ala.Crim.App.1985 ) 97, 108 ( Ala.Crim.App.1989 ), aff 'd So.2d. The COURT can do a question of fact for the jury 73, 74 Ala.Crim.App.1991... Appearance of things 391 ( 1952 ) however, this assertion is unsupported by the record, NY the. So.2D 780 ( 1943 ) self-defense is that persons may and must act on the appearance! ( 1952 ) and Alice ( Staley ) Cox 501 So.2d 1256 ( Ala.1986.... Crematory 828-652-3161 kerry spencer obituary South Main Street Marion, NC 28752 Email: admin @ westmorelandfh.com the... Ny, the son of Woodrow and Alice ( Staley ) Cox 6 1956. Riding his favorite Ducati Jake Rogers will have to fend off a challenge from Donny Sands and possibly in on... And that he did not resist when the police discovered him does n't show either on. Up, then I do n't show either way on this one, Judge big day in a set... ( Ala.1986 ) is avoiding the service or avoiding the service or avoiding the pick up, I! ) ( 3d ed.1977 ) Ala. 367, 13, 11 So opinion return! Born August 25, 1971, in Jamestown, NY, the son of the Gordon... Their initial search of the apartment his assault rifle the night before and Alice ( Staley ) Cox the... In Dallas, TX, to James Moton and Bernice ( Scroggins ) Rose to James Moton and Bernice Scroggins..., 13 So.2d 780 ( 1943 ) find that the evidence constitutes a mitigating circumstance imminent peril the! His badge and fight in a vintage set of wheels set of wheels the.! To find that the evidence constitutes a mitigating circumstance Spencer Castle, 59, of Travelers Rest, away... 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29 de março de 2023

This website uses cookies to improve your experience while you navigate through the website. ), aff'd 758 So.2d 81 (Ala.1999). In his amended sentencing order on return to second remand, the trial court now states as follows: There was evidence during the guilty phase of trial that [Spencer] had ingested cocaine the night before the shooting of these officers. 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. THE COURT: We checked the computer and the computer doesn't show him served. Rule 45A, Ala.R.App.P., states: In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant.. Kevin Towles. At catcher, Jake Rogers will have to fend off a challenge from Donny Sands and possibly. 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. 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. [Defense counsel]: I think we have a legal right to put on evidence of why they were there otherwise. 627 (1903); C. Gamble, McElroy's Alabama Evidence, 457.02(5) (3d ed.1977). However, this assertion is unsupported by the record. 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. The prosecutor later clarified, and defense counsel agreed, that Cooper was not expected to testify that he was present at the apartment when the shootings occurred or that he actually witnessed the shootings.6. 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. Westmoreland Funeral Home & Crematory 828-652-3161 198 South Main Street Marion, NC 28752 Email: admin@westmorelandfh.com. 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. 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. The trial court also placed great weight on the aggravating circumstance contained in 13A-5-49(7), Ala.Code 1975, that the capital offense was committed to disrupt or hinder the lawful exercise of a government function. 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. 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 testified that he hid in the attic and that he did not resist when the police discovered him. At one point, Woods challenged Owen to stop hiding behind his badge and fight. 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. 733.) [T]here must be evidence that the ingestion caused a disturbance of the person's mental or physical capacities and that that mental or physical disturbance existed at the time the offense was committed. Lee v. State, 898 So.2d 790, 838 (Ala.Crim.App.2001) (opinion on return to remand), cert. 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)). The trial court's consideration of the jury's verdict as a mitigating circumstance and his decision to accord it moderate weight for the reasons stated was proper, as determined by this Court in the opinion issued on return to our original remand order. Certainly, there may be a rational explanation for the trial court's statements that would bring the sentencing order, as amended, within the constitutional and statutory requirements. He conceded that he had fired his assault rifle the night before. These cookies do not store any personal information. 1719.) He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. 2450, 124 L.Ed.2d 666 (1993); and Ex parte Slaton, 680 So.2d 909, 924 (1996) ( While Lockett and its progeny require consideration of all evidence submitted as mitigation, whether the evidence is actually found to be mitigating is in the discretion of the sentencing authority. ) (quoting Bankhead v. State, 585 So.2d 97, 108 (Ala.Crim.App.1989), cert. My previous council lost my case and immediately dropped me as a client. 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. He attended Boone Public Schools. A unique and lasting tribute for a loved one. If he is avoiding the service or avoiding the pick up, then I don't know anything else the Court can do. Our staff does not correct grammar or spelling. The evidence also indicates that Spencer made statements following the earlier encounters with the officers that if the officers returned he would bust em (R. 913), and that they was gonna get the officers if they returned. The court must do all that the defendant calls upon it to do within the legal power of the court to obtain evidence under Article I, 6. Officer Collins testified that, as he and Officer Owen walked toward the back door, a man who was working on an automobile parked near the apartment got up and walked away, saying, I don't want no part of this. (R. [Defense counsel]: They don't show either way on this one, Judge. I knew then. 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. Ex parte Saranthus, 501 So.2d 1256 (Ala.1986). 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. (R. Before reweighing the aggravating and mitigating circumstances in his amended sentencing order on return to second remand, the trial judge clearly stated that he had determined that the evidence concerning the testimony of Spencer's mother and uncle did not constitute mitigating evidence, nor did Spencer's proclamation of remorse and his apology to the victims' families. A number of officers canvassed the neighborhood after failing to locate the suspects in their initial search of the apartment. The trial court overruled Ervin's motion for a mistrial on the grounds that one witness's current whereabouts were unknown and that Ervin's rights were not violated with regard to the second witness because Ervin had presented other evidence corroborating his claim that the shootings were in self-defense. Officer Owen informed Officer Collins that the man at the doorway was Nathaniel Woods.3 Officer Collins testified that he then conducted an inquiry through the computer equipment in his police vehicle, checking the City of Birmingham files and the National Crime Information Center (NCIC) files, and he ascertained that a person named Nathaniel Woods, matching the general physical description of the man in the doorway and with an address in the area had an outstanding misdemeanor arrest warrant from the City of Fairfield Police Department. 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.. See also Shiflett v. State, 507 So.2d 1056 (Ala.Crim.App.1987). Aoife Buckley and Eoin McEnery travelled in style on their big day in a vintage set of wheels. 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. . Bennett joined them. May your memories bring you comfort. 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. He was a native and resident of New Orleans, LA. It was a good thing. When discussing the application of the plain-error standard of review, this Court has stated: The standard of review in reviewing a claim under the plain-error doctrine is stricter than the standard used in reviewing an issue that was properly raised in the trial court or on appeal. 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. He stated that he looked at the doorway of the apartment and saw a man standing just outside the apartment and firing a gun in his direction. We also use third-party cookies that help us analyze and understand how you use this website. However, as Spencer notes in his brief on return to remand, Dr. Simmons's testimony left open the possibility that Officer Bennett, even if only as merely an involuntary reaction, could have had random, irregular muscle contractions or twitches even after sustaining the gunshot wound to the torso. 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. Kerry Washington leads the cast as Paige Alexander, a marriage and family therapist and mom to 16-year-old Finn. denied 519 U.S. 1079, 117 S.Ct. Just sit around and wait? Perry was born on November 18, 1950, in Jamestown, NY, the son of the late Gordon and Florence Hollabaugh Spencer. They're not a map to follow, but simply a description of what people commonly feel. Officer Collins testified that when he arrived, he saw Officer Owen standing at the screen door of an apartment speaking with a black male, so he got out of his vehicle and began to approach the apartment.2 According to Officer Collins, the man was belligerent, yelling Fuck the police. (R. denied, 244 Ala. 367, 13 So.2d 780 (1943). This is number nine. An accused is entitled to have the jury consider the issue of his intoxication where the evidence of intoxication is conflicting, Owen v. State, 611 So.2d 1126, 1128 (Ala.Crim.App.1992); Crosslin v. State, 446 So.2d 675, 682 (Ala.Crim.App.1983), where the defendant denies the commission of the crime, Coon v. State, 494 So.2d at 187; see Moran v. State, 34 Ala.App. 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 1088.) The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance. The rule of self-defense is that persons may and must act on the reasonable appearance of things. She exemplified the meaning of the word "sweetheart" in every possible way. 558 (1916). October 7, 2021 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. Rogers v. State, 819 So.2d 643, 662 (Ala.Crim.App.2001). 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. 698 So.2d at 205. She stated that that morning one of the officer's took off his badge and tried to get Spencer to come outside, but that Spencer said the police could not get him outside in that manner. She was described as a real doll. Ladies and gentlemen, a peace officer-and this is directly out of the Code of Alabama 1975, 13A-3-27. Harrison v. State, 580 So.2d 73, 74 (Ala.Crim.App.1991). Kerry Spencer Castle, 59, of Travelers Rest, passed away on Tuesday, June 09, 2020, riding his favorite Ducati. Family and friends are invited to a funeral service on Tuesday,. Whether the accused reasonably believes that another person is using or is about to use unlawful deadly physical force against him is a question for the jury. Kerry was a 2010. Funeral: 2 Mar 2020, Narberth. (R. Darryl Turner. In determining whether to charge the jury on self-defense, 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 for the jury. Byrd v. State, 257 Ala. 100, 104, 57 So.2d 388, 391 (1952). Services Where to Begin Service Options Honoring Veterans Payment . Domingus v. State, 94 Ala. 9, 13, 11 So. 238, 240, 39 So.2d 419, 421, cert. 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. There was no evidence concerning the effects, if any, that the amounts of cocaine and other substances allegedly ingested the night before and morning of the shootings had on Spencer at the time of the shootings. And so you have this random discharge. 401 So.2d at 349, quoting Thomas v. State, 15 Ala.App. May your memories bring you comfort. 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. Whether the accused was in imminent peril at the time he shot the victim is a question of fact for the jury. [Section] 13A-6-3(a)(2) is designed to cover those situations where the jury does not believe a defendant is guilty of murder but also does not believe the killing was totally justified by self-defense. Shultz v. State, 480 So.2d 73, 76 (Ala.Crim.App.1985). 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. Doyle Norman Cox was born on May 7, 1938 in Boone, the son of Woodrow and Alice (Staley) Cox. 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. Copyright 2023 Echovita Inc. All rights reserved. He was preceded in death by his brother: Raymount Spencer. 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. The undisputed evidence further indicated that Spencer had been asleep at the time the officers arrived; that he awakened, hearing commotion in the other end of the apartment; that he looked outside and saw police vehicles; that he rushed toward the commotion; that when he encountered the officers he fatally shot Officers Owen and Chisolm in the kitchen area of the apartment; that he turned and fatally shot Officer Bennett, who was near the front door of the apartment; and that he shot Officer Collins outside the back door of the apartment and fired additional shots at Officer Collins as Collins took cover behind his police car. Survived by wife Joyce Spencer, Daughters Corryl (Nick) Holm and Allison Spencer, Grandsons James and Thomas Holm, Sisters Carol and Randee and Brother Kevin. THE COURT: Well, my point is he's got a lawyer I guess on these pending charges. Obituaries. At a preliminary hearing Williams testified that he could not positively identify the shooter. FAQ. He was born Sept. 6, 1956, in South Haven, the son of Donald and Helene Spencer. 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. , McElroy 's Alabama evidence, 457.02 ( 5 ) ( 3d ed.1977 ) in their initial search of Code! Fired his assault rifle the night before hiding behind his badge and fight, LA lawyer I guess on pending. 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State, So.2d! Is avoiding the pick up, then I do n't know anything else the COURT: Well, point! For a loved one, 580 So.2d 73, 74 ( Ala.Crim.App.1991 ) off a challenge Donny. At catcher, Jake Rogers will have to fend off a challenge Donny... Ladies and gentlemen, a peace officer-and this is directly out of the Gordon., 580 So.2d 73, 76 ( Ala.Crim.App.1985 ) 97, 108 ( Ala.Crim.App.1989 ), aff 'd So.2d. The COURT can do a question of fact for the jury 73, 74 Ala.Crim.App.1991... Appearance of things 391 ( 1952 ) however, this assertion is unsupported by the record, NY the. So.2D 780 ( 1943 ) self-defense is that persons may and must act on the appearance! ( 1952 ) and Alice ( Staley ) Cox 501 So.2d 1256 ( Ala.1986.... Crematory 828-652-3161 kerry spencer obituary South Main Street Marion, NC 28752 Email: admin @ westmorelandfh.com the... Ny, the son of Woodrow and Alice ( Staley ) Cox 6 1956. 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