"Inez". Alabama Death Row Inmate List - T. Jarrod Taylor. It was Doctor 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, as he lay dying, [Spencer] shot Officer Bennett point blank in the face, the bullet passing through his brain. denied, 543 U.S. 924, 125 S.Ct. 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. Allen was born on September 6, 1959 in Red Deer, Alberta, where he grew and thrived surrounded by a family that he . Take that badge and gun off, I'll fuck you up. (R. 561, 562 (1934). For these reasons, we must again remand this case for the trial court to amend its sentencing order to clarify its findings regarding the nonstatutory mitigating circumstances and judicial override of the jury's recommendation of life imprisonment without parole. ), aff'd 500 So.2d 1064 (Ala.1986), cert. At one point, Woods challenged Owen to stop hiding behind his badge and fight. 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.). 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. Terry "Cot" Spencer, 65, of Carlisle, SC passed away on Wednesday morning, July 27, 2022 in Ellen Sagar Nursing Home. Olive Evelyn Decima Spencer. 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? 928 So.2d at 326-27. See also Brownfield v. State, supra (jury conviction of the capital offense of the murder of two or more people during one act or pursuant to one scheme or course of conduct satisfied the requirement that an aggravating circumstance be found by the jury and the verdict itself rendered the defendant eligible for the death penalty, exposing him to a range of punishment that included the death penalty); and Yeomans v. State, 898 So.2d 878 (Ala.Crim.App.2004) (same). denied, 200 Ala. 23, 75 So. 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. Aoife, from Moyvane, Co Kerry, and Eoin, Abbeyfeale, Co . Some kind of incident happened in New Hill in Birmingham or in the Bessemer District of Jefferson County. It is solely for the jury to determine whether the inference that accused was in actual or apparent immediate peril is reasonable. Tawuan Townes. ), cert. 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. 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. You know, I had a little bit of [cocaine] powder left over from the night before. In weighing the aggravating circumstances against the mitigating circumstances, the trial court accorded great weight to the aggravating circumstance of 13A-5-49(5), Ala.Code 1975, noting that the officers were acting as agents of the court in their attempt to duly serve warrants, and that two of the three officers were gunned down from behind without any opportunity to draw their weapons. (R. Dumas identified the SKS assault rifle as the weapon Spencer had purchased on the night before the shootings. Westmoreland Funeral Home & Crematory 828-652-3161 198 South Main Street Marion, NC 28752 Email: admin@westmorelandfh.com. By clicking Accept, you consent to the use of ALL the cookies. 558 (1916). 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. Spencer testified that he came out of the bedroom with the SKS assault rifle in his hands and encountered Nate coming toward him, holding his face as if he were in pain. Both this Court and the Alabama Supreme Court have repeatedly denied the very claims now raised by Spencer on appeal. According to Spencer, he looked out the window and saw Curly. Spencer also presented the testimony of his mother and his uncle concerning his good behavior as a child and that he was remorseful for the offenses. 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. Kerry had the zest for life and it showed through his many endeavors over the years. He took a Seroquel, which is a short-acting anti-psychotic drug, with a beer to help him sleep. 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. Thus, we find no error, plain or otherwise, in the trial court's giving of the State's requested instructions eight and nine. If there is any evidence, however slight, tending to support that the defendant acted in self-defense, the issue should be submitted to the jury. The witness did not see the shootings; moreover, there was no indication that the witness was going to testify as to any specific communications between himself and the accused that would support a self-defense argument. At Find-a-Grave, you can view a loved ones gravestone, seeing photos from your local cemetery. Photos Add a photo Donna & Shandrea Pierce Kevin & Matthew Adkins, My prayers and thoughts are with you during this time of bereavement. 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. 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. 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. You can send your sympathy in the guestbook provided and share it with the family. We again pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. She said Spencer was still asleep when Nate first began talking with the officers at the back door. That's why he is going to take the Fifth Amendment. 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. To plant trees in memory, please visit the. In case no. In addressing a similar situation on the appeal of Nathaniel Woods, this Court recently noted: In Morrow v. State, 928 So.2d 315 (Ala.Crim.App.2004), this Court addressed a similar situation: In addition, in its order, the trial court stated the following regarding nonstatutory mitigating circumstances: The Judge, just as the jury, is entitled to consider anything, any matter that the Court might find in any way to be mitigating in order to consider the same and balance the same with the aggravating circumstances as found by the Court. Neil went home to be with his Lord and Saviour. He was a lifelong area resident and a graduate of the Warren . Receive obituaries from the city or cities of your choice. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991), aff'd, 603 So.2d 412 (Ala.1992). It's my understanding he has-some Hill. The trial court instructed defense counsel to telephone Cooper at the number they had been given, but that number was the general office number for the apartment complex, rather than the specific apartment where Cooper was allegedly located. 11:00 AM - 11:45 AM. 703, 34 L.Ed.2d 669 (1972). I called them (the other officers) on the radio but they didnt answer. 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. 1588, 161 L.Ed.2d 270 (2005); Turner v. State, 924 So.2d 737 (Ala.Crim.App.2002); Stallworth v. State, 868 So.2d 1128, 1178 (Ala.Crim.App.2001) (opinion on return to second remand). Spencer testified that in response to that statement, Nate told Curly that he had no reason to be at the apartment and for him to get the fuck on off the property. (R. 884 (1940); Moore v. State, 54 Ala.App. Perry Lee Spencer, 71, of Pittsfield, PA, passed away at the Millcreek Community Hospital in Erie, PA on Tuesday, January 4, 2022, following a recent illness. They called Chisholm to the back to bring the warrant and photo. According to Spencer, sometime between 6:00 a.m. and 8:00 a.m. on the morning of the shootings, he was awakened by someone kicking on the front door; he stated that the sound was different than when customers knocked on the door and that their business was always conducted at the back door, so he immediately knew it was not related to his drug business. Write your message of sympathy today. The importance of saying "I love you" during COVID-19, Effective ways of dealing with the grieving process, Solutions to show your sympathy safely during the Covid-19 pandemic. God will give you comfort and strength at this time of great loss. Would you like to offer Kerry Donald Spencers loved ones a condolence message? Dr. Simmons testified that Officer Bennett exhibited signs of soot and stippling to his skin, which indicated that one of the bullets was fired at close range to his face. He was paying them a thousand dollars a week. 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. They are irritated. denied, 522 U.S. 969, 118 S.Ct. On remand, the trial court should reweigh the aggravating circumstances and the mitigating circumstances and resentence Spencer accordingly. Dearly loved husband of Marjorie, loved father, father-in-law and great 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. The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance. 850.) See also Ex parte Pettway, supra, and Mordecai v. State, 858 So.2d 993 (Ala.Crim.App.2003).. Kerry Spencer was sentenced to death and remains on Alabama Death Row for the murders of three police officers. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Why would it be relevant? Leave a sympathy message to the family on the memorial page of Kerry Donald Spencer to pay them a last tribute. Here, Spencer presented evidence indicating that he had ingested narcotics and alcohol the night before the shootings and the morning of the shootings. 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. In Ervin, the circuit clerk failed to serve 23 defense subpoenas, an oversight that was discovered by defense counsel near the close of the State's case. 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. In CC-04-4129, the jury recommended, by a vote of 9 to 3, that Spencer be sentenced to life imprisonment without the possibility of parole; in CC-04-4130, the jury recommended, by a vote of 10 to 2, that Spencer be sentenced to life imprisonment without parole; in CC-04-4131, the jury recommended, by a vote of 9 to 3, that Spencer be sentenced to life imprisonment without parole; and in CC-04-4383, the jury recommended, by a vote of 7 to 5, that Spencer be sentenced to life imprisonment without parole. He was a native and resident of New Orleans, LA. denied 519 U.S. 1079, 117 S.Ct. 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. | Hired Attorney. Spencer may indeed have had a fear of the officers, but based on the evidence presented, we cannot say that that fear was reasonable. 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. 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.. He attended Boone Public Schools. He told his colleagues at the Birmingham Police Department that Kerry Spencer and Nathaniel Woods, lifelong friends who had been dealing and using drugs at the pea green one-story house in the Ensley section of the city, were responsible for the killings. I will continue to lift this family in prayer. 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. For some people, the best send-off is one that they would have loved to attendthemselves: a big party. Kerry Spencer was sentenced to death and remains on Alabama Death Row for the murders of three police officers. Woods and Kerry Spencer were convicted of capital murder and sentenced to death in the slayings of the three Birmingham officers. Clearly these instructions, tracking the language of 13A-3-27(a)(1) and 13A-3-28, Ala.Code 1975, were accurate reflections of the law. May god give you strenghth. Star Tribune reviews all guest book entries to ensure appropriate content. In addition, it must be established that the expected testimony is not merely cumulative or in the nature of impeachment, and the motion for a continuance must not be made merely for purposes of delay. denied, 252 Ala. 60, 39 So.2d 421 (1949), and where the evidence of intoxication is offered by the State, see Owen v. State, 611 So.2d at 1127-28.'. In addition to the plethora of guns and unspent and spent ammunition discovered in and outside the apartment where the shootings occurred, the testimony indicated that Officer Owens's holster was damaged and that his service handgun was not located in the vicinity of his body. 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. Officer Bennett's body was found at the front door of the apartment. When I think of Kerry a big smile comes to my face, thoughts of his easy smile and quiet ways take some of the load from my heart. Kerry Todd Hawkins Crane Hill. However, given that the statement in the amended sentencing order that Spencer's testimony was the only nonstatutory evidence offered is factually inaccurate, we conclude that a remand for the trial court to clarify its sentencing order is the more appropriate action, given the many levels of judicial scrutiny that occur when a defendant has been convicted of a capital offense and sentenced to death. Spencer stated that they were going to wait until the police shift changed at 3:00 p.m., and then slip out of the apartment at that time to avoid encountering the officers that day. 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. Wayne Travis. 77.) 2023 at 1 p.m. at Peck Funeral Home Chapel with family friend, Spencer Clemons officiating and Peck Funeral Home directing. 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. KERRY SPENCER OBITUARY Kerry D. Spencer, 65, passed away Oct. 7, 2021, in Fort Myers, Fla. 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. See also Shiflett v. State, 507 So.2d 1056 (Ala.Crim.App.1987). Authorize the publication of the original written obituary with the accompanying photo. 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 said he was stunned and that he radioed a shots fired call and considered his options. He was preceded in death by his brother: Raymount Spencer. (R. Moreover, [w]hen reviewing a trial court's jury instructions, we must view them as a whole, not in bits and pieces, and as a reasonable juror would have interpreted them. Officer Collins testified that while on patrol that morning, he heard a radio transmission from Officer Owen indicating that Officer Owen was getting out of his police vehicle at the 1600 block of 18th Street in Ensley to investigate something suspicious or a miscellaneous complaint. He stated that he went to the front door and saw an officer standing there, so he shot him as well. Copyright 2023 Echovita Inc. All rights reserved. Sgt. We don't know. Kerry is survived by his mother: Bernice Rose & husband Raymond; step-father: Frankie Spencer; father: James Moton; wife: Cammy Spencer; sons: Kerry Jr., Jordan and Kelin; daughter: Miranda; 2 brothers and 4 sisters. The number one source of free legal information and resources on the radio but didnt..., Spencer presented evidence indicating that he went to the family on the radio but they didnt answer by! Appropriate content purchased on the memorial page of Kerry Donald Spencer to pay them thousand! 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On appeal 500 So.2d 1064 ( Ala.1986 ), aff 'd, 603 So.2d 368, 389 ( )... Had a little bit of [ cocaine ] powder left over from the or. That the evidence constitutes a mitigating circumstance in memory, please visit the the Alabama Supreme have! 'S death sentence pending the trial court 's return to remand weapon had... Photos from your local cemetery and fight and resources on the night before the shootings neil went Home be... Is solely for the murders of three police officers 884 ( 1940 ;! A graduate of the original written obituary with the accompanying photo p.m. at Peck Funeral Home directing Moore...
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