He is survived by. 727.) ), aff'd 758 So.2d 81 (Ala.1999). Thereafter they upped the price from a thousand dollars a week to fifteen hundred dollars a week. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) The trial court found the existence of four aggravating circumstances: that Spencer knowingly created a great risk of death to many persons in the commission of this crime, 13A-5-49(3), Ala.Code 1975; that the capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody, 13A-5-49(5), Ala.Code 1975; that the capital offense was committed to disrupt or hinder the lawful exercise of a government function or the enforcement of laws, 13A-5-49(7), Ala.Code 1975; and that Spencer intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct, 13A-5-49(9), Alabama Code 1975. You also have the option to opt-out of these cookies. The court determines what the rules are, but it is for the jury to determine whether the standard has been met by the evidence in the particular case. R. Perkins & R. Boyce, Criminal Law 1116 (3d ed.1982). Chisholm, Owen and Collins followed. It is apparent that neither the first (accused witnesses his spouse committing adultery) nor the third (accused witnesses an assault on a family member or close relative) legally recognized provocation is applicable in this case. More times than not they don't, but sometimes they do.. The evidence from trial showed that the defendant ran out the back door of the apartment as he fired at Officer Collins as he took cover behind his patrol car. He would slip in whenever he could to supply the apartments with the drugs. Bush v. State, 168 Ala. 77, 53 So. Spencer also filed a motion for reconsideration of the sentences and an amended motion for reconsideration of the sentences. 2325, 141 L.Ed.2d 699 (1998). ', Broadnax v. State, 825 So.2d 134, 196 (Ala.Crim.App.2000), quoting Pilley v. State, 789 So.2d 870, 882-83 (Ala.Crim.App.1998). Alabama . They found an SKS assault rifle outside the front door of the apartment, and a number of guns inside in plain view. 728.) An honest may not be a reasonable belief; it may be the offspring of fear, alarm or cowardice, or it may be the result of carelessness, and irrational. Authorize the publication of the original written obituary with the accompanying photo. AFFIRMED AS TO CONVICTIONS; REMANDED WITH DIRECTIONS AS TO SENTENCING. Williams stated that she went out the front door and walked to the barber shop across the street. Leave a sympathy message to the family on the memorial page of Kerry Donald Spencer to pay them a last tribute. At Find-a-Grave, you can view a loved ones gravestone, seeing photos from your local cemetery. Washington stated that someone inside the apartment and some of the officers engaged in a conversation at the back door of the apartment, that Officer Owen said that they had a warrant, and that he heard someone inside the apartment tell the officers they could not come in without a warrant; he further testified that another officer came from the front to the back door and snatched the door open without saying anything about having a warrant, and the officers then proceeded inside. The Health and Information and Quality Authority (HIQA) began an unannounced two-day inspection at the hospital yesterday. A person may not use physical force to resist a lawful arrest by a peace officer who is known or reasonably appears to be a police officer.. 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. Sgt. Spencer George Hare. 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. In most cases, the issue of self-defense is one of ultimate facts solely for determination by the jury, Domingus v. State, 94 Ala. 9, 11 So. Spencer next argues that the trial court erred in refusing to instruct the jury on self-defense. See People v. Coney, 98 P.3d 930 (Colo.Ct.App.2004) (holding that evidence of other offenses or acts that are part and parcel of the charged offense is admissible as res cestae and may be admitted without a limiting instruction); State v. Long, 173 N.J. 138, 171, 801 A.2d 221, 242 (2002) (evidence of the defendant's actions served to paint a complete picture of the relevant criminal transaction and therefore was admissible, and a limiting instruction was unnecessary because the evidence was admitted under the res gestae exception); and Camacho v. State, 864 S.W.2d 524, 535 (Tex.Crim.App.1993) (holding the evidence of the extraneous offenses showed the context in which the criminal act occurred, i.e., the res gestae, and was therefore admissible and not subject to the requirement of a limiting instruction). 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. Similarly, in Lemley v. State, 599 So.2d 64 (Ala.Crim.App.1992), this Court stated: If there is any evidence to show a hostile demonstration that can be reasonably considered as having placed the accused in apparent imminent danger of his life, the issue of self-defense is for the jury. [Defense counsel]: I think we need to make an attempt to see if he is there and see if he is going to come. Kerry Smith cause of death and manner of death was not disclosed to the public at the time of this publication. Kerry Darnell Spencer of South Carolina was born on August 25, 1971. THE COURT: For the record you've got an exception., (R. The trial court noted: In CC-04-4129 the jury's recommendation was nine (9) for life without parole and three (3) for death. He took the assault rifle with him. This appeal, which is automatic when a defendant has been sentenced to death, followed. This undisputed physical evidence contradicts the testimony of the defendant who testified that he fired the rifle merely as a reaction to Officer Bennett touching his leg. This belief that the assailant is going to use unlawful deadly physical force must be both honestly entertained and reasonable. Collins said he felt a slap on his side and on his pistol which was holstered. 913.) P. As required pursuant to that rule, we have searched the entire proceedings and found no plain error or defect that has or probably has adversely affected any of Spencer's substantial rights. Spencer did not claim to be intoxicated at the time of the shootings. James, Linda, "RAP" and the rest of the family are in our hearts and prayers. You know, that occasionally happens. SPENCER, , KERRY DARNELL Age 34 of Rowlett, TX, passed away August 6, 2006. This Court concluded that by failing to attempt to serve the first witness, the trial court could not determine that witness's whereabouts to be unknown or the witness to be outside of the court's subpoena power; moreover, this Court further noted that because the two witnesses were allegedly eyewitnesses to the actual shootings and could each allegedly provide testimony corroborating Ervin's self-defense claim, their testimony was not cumulative to other evidence because the jury could have found the missing witnesses to be more credible than the evidence presented at trial. The trial court then stated specific reasons for giving the jury's recommendation the consideration it gave it. 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. (R. (Emphasis added.) THE COURT: If he is going to take the Fifth Amendment, I need to know that. Other jurisdictions that have considered this issue have concluded that a limiting instruction is not required when evidence of other crimes or prior bad acts is properly admitted as part of the res gestae of the crime with which the defendant is charged. 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. Spencer further stated that sometime shortly after 9:00 a.m. on the morning of the shootings, he took a Seroquel tablet and drank a beer to help him go to sleep. 2023 at 1 p.m. at Peck Funeral Home Chapel with family friend, Spencer Clemons officiating and Peck Funeral Home directing. In the 21st century, it's not just urns and gravestones anymore. He was born on September 15, 1960. The victim testified that the gunman, whom he identified as McTerry, was on foot at the time of the shootings; however, in the preliminary hearing, Williams had testified that the gunman was on a bicycle. 733.) On September 23, 2005, the trial court overrode the jury's recommendations and instead sentenced Spencer to death for the capital-murder convictions (CC-04-4129, CC-04-4130, CC-04-4131, and CC-04-4833); the trial court sentenced Spencer to life imprisonment for the attempted-murder conviction in case no. In case no. His grace is sufficient. According to Spencer, Officer Collins arrived on the scene at that time and parked behind Curly's automobile, and Curly walked back to his car. Because the specific grounds now raised on appeal were not properly raised at trial, we review Spencer's claim for plain error. Ill never forget that, Collins said. THE COURT: Sure. Perry was born on November 18, 1950, in Jamestown, NY, the son of the late Gordon and Florence Hollabaugh Spencer. When Collins looked again, he was gone. Thus, the trial court clearly considered this evidence presented by Spencer when determining that this mitigating circumstance did not exist. Because the trial court has complied with the requirements of our remand concerning its sentencing order, Spencer's sentencing will now be reviewed pursuant to Rule 45A, Ala. R.App. Kerry was a 2010. A massive, tense manhunt followed, and Spencer and Woods were arrested later that day. Thus, we must remand this case to the trial court for it 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. [Defense counsel]: They don't show either way on this one, Judge. Harry was born May 1927 in Staten Island New York, to parents Margaret and Henry Spencer. Climate activists, like the German Greens, you'd think, would thus themselves be practicing what they preach, at least limiting their emissions to some extent in order to set an example for the rest of us. [T]he weight to attach to [a] known mitigating circumstance is within the discretion of the trial court. Spencer testified that after he watched Curly and Officer Collins drive off, he noticed Nate talking to Officer Chisolm, who he knew as Robo. Spencer stated that he joined the argument and cursed at Officer Chisolm and told him to leave. The right to compulsory process is guaranteed by the constitution, and neither the legislature nor the courts can deprive a defendant of that right. Were refreshing the Tributes.com website for a better experience! According to Spencer, he looked out the window and saw Curly. 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.'. Section 13A-5-53(b)(2), Ala.Code 1975, requires this court to weigh the aggravating and mitigating circumstances independently to determine the propriety of the Spencer's sentence of death. Interment will follow in Rest Haven Memorial Park. [Defense counsel]: One, to make a determination if the last May 25 subpoena has been served at Pearson Hall. 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. I give up. See also Kennedy v. State, 240 Ala. 89, 196 So. In this case, the trial court considered the jury's recommendation as a nonstatutory mitigating circumstance and gave it moderate weight. 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. Spencer was born on July 23, 1991 to parents Eric and Diane Brown. SELLERS, KERRY DEWAYNE "SRELLES", age 30, passed away July 22, 2003. Similarly, the witness in McTerry was an eyewitness to the shooting. 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. Copyright 2023 Echovita Inc. All rights reserved. Woods and Kerry Spencer were convicted of capital murder and sentenced to death in the slayings of the three Birmingham officers. He conceded that he had fired his assault rifle the night before. Thus, unlike the situation in McTerry, where the missing witness might have reasonably been located without causing any delay in trial, here, Cooper was to be Spencer's final witness, and the State indicated that it had no rebuttal witnesses based on the testimony previously presented; thus, any efforts in locating Cooper would have delayed the trial proceedings. May the love of friends and family carry you through your grief. His attitude in both was one of entitlement or justification. 1669.) The penalty phase of the trial was conducted before the jury. The defendant testified that he shot Officer Bennett in the face when Officer Bennett touched his leg. 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. 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. A person may use deadly physical force if the actor reasonably believes that such other person is: (1) Using or about to use unlawful deadly physical force; or, (2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling; or, (3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree 7. My thoughts and prayers are with you in this time of deep sorrow. I called them (the other officers) on the radio but they didnt answer. 2954, 57 L.Ed.2d 973 (1978); Ex parte Hart, 612 So.2d 536, 542 (Ala.1992) (Lockett does not require that all evidence offered as mitigating evidence be found to be mitigating.), cert. Claim to be intoxicated at the time of deep sorrow leave a sympathy message to the public at time. Apartments with the drugs thousand dollars a week to fifteen hundred dollars a week been at... 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