1658-59.) I will keep you in my prayers. Please try again. As to the trial court's findings concerning the nonstatutory mitigating circumstances, in his second amended sentencing order the trial court states that Spencer presented evidence indicating that he was sorry for these crimes and he apologized to the victims' families. 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. There are no events at this time. It was a split second decision. 418, 139 L.Ed.2d 320 (1997). Hodges v. State, 856 So.2d 875, 893 (Ala.Crim.App.2001), aff'd 856 So.2d 936 (Ala.2003). Funeral: 2 Mar 2020, Narberth. Receive obituaries from the city or cities of your choice. The record clearly shows that more than sufficient time had elapsed between the time the last drugs or alcohol was ingested and the shooting.. Indeed, the trial court had already afforded Spencer some additional time by dismissing the jury for the evening the day before when the defense announced that its next witness, i.e., Cooper, was not present, and allowing Spencer until 8:30 the following morning to attempt to locate Cooper and secure his presence. 558 (1916) (compulsory process is a substantive right, a real right, and not an illusory sham to be satisfied by the issue of process, which is to be rendered ineffectual by hastening on to immediate trial), and Walker v. State, 117 Ala. 85, 88, 23 So. This category only includes cookies that ensures basic functionalities and security features of the website. Jacqueline Buchanan testified that she was a public safety dispatcher with the City of Fairfield. Spencer stated that although they sold approximately $3,000 in drugs from the residence on a daily basis, they had never had problems with the police. This was the sum total of the non-statutory mitigating evidence offered by [Spencer]. Posted by Eddie | July 28, 2021. Kerry took the time to COMPLETELY hear me out about the details of my case. Bennett joined them. Rogers v. State, 819 So.2d 643, 662 (Ala.Crim.App.2001). On remand, the trial court should reweigh the aggravating and mitigating circumstances and resentence Spencer. Kerry Spencer had taught her kids to baby sign before they could speak so they could communicate while they were infants. 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. Officer Jody Jacobs of the Birmingham Police Department testified that he interviewed Spencer at the police station after Spencer was taken into custody. Here, Spencer presented evidence indicating that he had ingested narcotics and alcohol the night before the shootings and the morning of the shootings. Ruben C. Parker, a sergeant with the Birmingham Police Department at the time of the shootings, testified that when he arrived at the scene, he saw Officer Bennett's service revolver on the ground approximately 6 to 12 inches from Officer Bennett's right hand, that another officer picked the weapon up from the ground and handed it to him, and that he kept the weapon in his custody until turning it over to evidence technician Chester White at the scene. Mitchell v. Moore, 406 So.2d 347 (Ala.1981); Malone v. State, 659 So.2d 1006 (Ala.Cr.App.1995); McClellan v. State, 628 So.2d 1026 (Ala.Cr.App.1993); Prince v. State, 623 So.2d 355 (Ala.Cr.App.1992).. Obituaries week of March 1; . OBITUARY Kerry Spears, Jr. closed the final chapter of his earthly life on Tuesday, August 30, 2022, at the age of 31. Peraita v. State, 897 So.2d 1161, 1198 (Ala.Crim.App.2003). There are no events at this time. 13A-5-52 and 13A-5-47(d), Ala.Code 1975. 2428, 153 L.Ed.2d 556 (2002), next argues that his sentence of death is unconstitutional. Kerry Jane Hooper (nee Spencer) Mar 1961 - Jan 2019. Officer Collins testified that he heard additional gunfire as he was taking cover behind his automobile and that bullets were striking his vehicle. (R. Officer Collins stated that the individual told Officer Owen, [Y]ou hide behind that badge and gun. The trial court refused to issue the subpoena. 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. The appellant, Kerry Spencer, was convicted of four counts of capital murder for his involvement in the shootings of four Birmingham police officers. Spencer testified that Nate went to the front door and engaged in a discussion with an officer. MAY GOD CONTINUE TO BLESS YOU AND YOURS DURING THIS TIME OF GRIEF. 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. Kerry Darnell Spencer of South Carolina was born on August 25, 1971. Moreover, the trial court attached little weight to Spencer's lack of significant history of prior criminal activity. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) THE COURT: I disagree with you. 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. Clearly, the facts in this case differ from those in the authority on which Spencer relies, i.e., Ervin and McTerry. See Thomas v. State, 15 Ala.App. In setting out the standard for plain error review of jury instructions, the court in United States v. Chandler, 996 F.2d 1073, 1085, 1097 (11th Cir.1993), cited Boyde v. California, 494 U.S. 370, 380, 110 S.Ct. A self-defense instruction should be given when any evidence is given showing the defendant's subjective belief that the use of force was necessary. Perkins, at 1115-16, quoting People v. Lockett, 82 Ill.2d 546, 45 Ill.Dec. (R. Spencer also filed a motion for reconsideration of the sentences and an amended motion for reconsideration of the sentences. [Assistant defense counsel]: We would object to Court making the statement that he wasn't served. To share condolences please visit www.brookhavenfuneral home.net. 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. [Defense counsel]: Well, we think we've proven self-defense in our-. 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. Leave a sympathy message to the family on the memorial page of Kerry Donald Spencer to pay them a last tribute. Spencer testified that he told Nate they could not sell any drugs that day because of the increased scrutiny from the officers. June 17, 2004, started out as an unremarkable day for Birmingham Police Sgt. 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.'. He was only 31 years old. Michael Taylor. He was a lifelong area resident and a graduate of the Warren . He stated that he was pissed off with the officers' harassment and high on cocaine. Officers Owen and Collins approached the screen door where Woods was standing, and Officer Owen told Woods that they had an outstanding warrant for his arrest from the Fairfield Police Department, and that Woods began cursing them, saying, Fuck you. Despite Spencer's assertions to the contrary, the instructions did not lessen the State's burden or amount to an affirmative charge for the jury to return a finding of guilt. 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. Here, based on the evidence supporting Spencer's theory of events, the events leading up to the shootings, even if creating a sense of passion or mental or emotional imbalance, did not constitute a legally recognized provocation. 1687.) Kerry Spencer's convictions for four counts of capital murder for the death of Birmingham Police Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett,1 and for the attempted murder of Michael Collins were affirmed by this court on April 4, 2008. Slaughter testified that Officer Owens removed his badge, but put it back on when she walked over to him and had a conversation with him. denied, 200 Ala. 23, 75 So. German government ministries run by the Green Party emit by far the most CO2 when it comes to government flights. I ain't got no papers on me. Rather, the trial court adequately protected Spencer's rights, including granting Spencer an overnight continuance to the following morning, and then conducting a thorough discussion on the record as to the status of the defense's efforts to locate the witness, the expected testimony of the witness, and the likelihood of the witness taking the stand if located. You can send your sympathy in the guestbook provided and share it with the family. They found an SKS assault rifle outside the front door of the apartment, and a number of guns inside in plain view. Spencer next argues that the trial court erred in refusing to instruct the jury on self-defense. The family will receive friends Thursday evening at the funeral home from 6:00 to 8:00pm. He was preceded in death by his brother: Raymount Spencer. We've tried to track his lawyer down this morning and see if they might be able to help us. THE COURT: Well, let me ask you a question. He was treated and released. 1183, 161 L.Ed.2d 1 (2005), Duke v. Alabama, 544 U.S. 901, 125 S.Ct. Owen was checking to see if a car used by Woods and parked behind his Ensley apartment was stolen. Although the supreme court also stated that a jury recommendation could be overridden based on information that was not known to the jury, it did not state that that was the only circumstance in which a jury recommendation could be overridden. 266 (1910).. 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 COURT: For the record you've got an exception., (R. My thoughts and prayers are with you in your time of grief. 99-403, Ala. Acts 1999, the Alabama Legislature amended 13A-5-49, Ala.Code 1975, to include, among other things, 13A-5-49(9), which provides as a statutory aggravating circumstance that [t]he defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct. In Ex parte Stephens, 982 So.2d 1148 (Ala.2006), the Alabama Supreme Court indicated that an instruction that a guilty verdict on the capital offense set out in 13A-5-40(a)(10) (two or more persons) established the existence of that statutory aggravating circumstance when the offense was committed on or after the September 1, 1999, effective date of the legislative amendment to the statute. Share FacebookTwitterLinkedinEmail address Listen Follow Report this obituary The question as to whether or not the circumstances in which the parties were at the time the fatal blow was stricken were such as to impress a reasonable man that the defendant was in imminent danger of losing his life or suffering great bodily harm, and whether or not the defendant entertained such belief were inferential facts to be drawn by the jury. Kennedy v. State, 240 Ala. 89, 91, 196 So. Home. The appellant never indicated to the court that he would need additional time to locate Williams. Prepare a personalized obituary for someone you loved.. September 6, 1956 - Thus, we find no error, plain or otherwise, in the trial court's giving of the State's requested instructions eight and nine. This Court puts no weight on this proffered theory by the defense.. 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. He loved telling stories, spending time with his grandchildren, playing cribbage and helping people. 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. [I]t is a question for the jury to satisfy itself from all the evidence in the case whether or not the defendant was in imminent and manifest danger either of losing his own life or of suffering grievous bodily harm, or that it appeared so to the mind of a reasonable man. Dilburn v. State, 16 Ala.App. It is well settled that a trial court need not specify in its sentencing order each item of proposed nonstatutory mitigating evidence offered that it considered and found not to be mitigating. Wilson v. State, 777 So.2d 856, 892 (Ala.Crim.App.1999), quoting Williams v. State, 710 So.2d 1276, 1347 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (emphasis omitted). He stated that Officer Owen sustained grazing gunshot wounds and a number of entrance and exit wounds associated with multiple gunshot wounds to his back and arm. [Defense counsel]: New Hill. Parsons v. State, 251 Ala. 467, 38 So.2d 209 (1948). To plant Memorial Trees in memory of Perry Calvin Spencer, please click here to visit our Sympathy Store . 2167 Heucks Retreat Road NE. Brantley Funeral Home. But the night before, we really did a lot of cocaine. Spencer stated that shortly after 10:00 a.m. that morning, he took a Seroquel tablet and drank a beer to help him sleep. Defense counsel requested that the trial court issue an attachment to have Cooper picked up and brought to court. 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. Giving to charity is a meaningful way to honor someone who has died. The law of self-defense makes use of (1) rules, and (2) the reasonable-person standard. (R. There was evidence and testimony presented during the trial and sentencing phases of the Defendant's home life, early family life, lack of education and lack of a functional and traditional family unit. These cookies will be stored in your browser only with your consent. He attended Boone Public Schools. Bush v. State, 168 Ala. 77, 53 So. Show me the papers. (R. Spencer Jones hit four 3-pointers and scored 21 points on 7-of-13 shooting from the field, Brandon Angel added 14 points, seven rebounds and four assists and Stanford beat Washington 81-69 Sunday . Hall v. State, 820 So.2d 113, 121-22 (Ala.Crim.App.1999), aff'd, 820 So.2d 152 (Ala.2001). Just look to God and he will see you through your time of sorrow. He then went on to relate his version of the events that led to the shooting of these officers. 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 trial court was also instructed to reweigh the aggravating circumstances and the mitigating circumstances in resentencing Spencer. Ill never forget that, Collins said. 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). Spencer's testimony regarding the close-range gunshot to Officer Bennett's head was that he was standing next to where Officer Bennett was lying on the ground, that Officer Bennett's hand jumped and touched [him] and that he fired the SKS assault rifle in an automatic reflex. (R. 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. Terry was known as a hustler. The foregoing opinion was prepared by Retired Appellate Judge H.W. The appellant, Kerry Spencer, was convicted of four counts of capital murder for his involvement in the shootings of four Birmingham police officers. 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). May your hearts soon be filled with wonderful memories of joyful times together as you celebrate a life well-lived. Spencer was born on July 23, 1991 to parents Eric and Diane Brown. We pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. A little boy creeped out while sitting on Santa's lap used baby sign language to tell his parents he was not feeling safe with Old Saint Nick. Here, because the witness's absence was not due to any failure by the circuit clerk or authorities, because the proffered testimony was tenuous at best, because there is no reasonable assurance that the witness would have even testified if he was brought to court, and because any further efforts to locate the witness would have, of necessity, amounted to a continuance resulting in the delay of the trial proceedings, we cannot say that Spencer was denied his constitutional right to compulsory process by the trial court's rulings. Always stand on the solid rock, Jesus! However, as the State argues in its brief on return to remand, this Court has considered and rejected that interpretation of Ex parte Taylor and Ex parte Carroll in prior opinions. He stated that he then heard a radio transmission from Officer Bennett that [t]hey are coming out the front. (R. We are sad to announce that on October 7, 2021, at the age of 65, Kerry Donald Spencer (Fort Myers, Florida) passed away. The radio he was using kept giving him a busy signal as he frantically tried to call for help. I am so sorry to hear about your lost,you will be in my prayers. The foregoing opinion was prepared by Retired Appellate Judge H.W. 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. May the love of friends and family carry you through your grief. Spencer further testified that Curly initially said he'd be back with the narcotics unit, but then said, Nah, I'll be back when I get off work. (R. Sgt. . 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. 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. Officer Collins testified that they radioed Officer Chisolm and asked that he come to the back of the apartment to show Woods the printout of the NCIC information and the photograph of Woods from the files. May god give you strenghth. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. As this Court explained in King v. State, 478 So.2d 318 (Ala.Crim.App.1985): The general rule is that every accused is entitled to have charges given, which would not be misleading, which correctly state the law of his case, and which are supported by any evidence, however weak, insufficient, or doubtful in credibility. Chavers v. State, 361 So.2d 1106, 1107 (Ala.1978). Because there was no rational basis for an instruction on voluntary intoxication, we find no plain error in the trial court's failure to instruct the jury on voluntary intoxication or reckless manslaughter as a lesser-included offense. 408, 73 So. 1658.) The trial court thoroughly instructed the jury, among other things, on the elements of each charge and on the State's burden of proof. According to Williams, Spencer jumped up, looked out the bedroom window and then came out of the bedroom and peeked around the corner to see what was taking place. [Defense counsel]: I think we have a legal right to put on evidence of why they were there otherwise. Vicky Young, a dispatcher with the Birmingham Police Department, testified that she informed Officer Chisolm over the radio that the warrant was still outstanding. Harrison v. State, 580 So.2d 73, 74 (Ala.Crim.App.1991). Dumas stated that Belser was the doorman and that he was the assistant doorman in that they answered the back door for people who came to the house to buy drugs; they would take the money from the individual and turn it over to Woods or Spencer; Woods or Spencer would then hand them the drugs; and they would in turn hand the drugs to the customer. Echovita Inc is a registered trademark. Private interment at Fort Snelling National Cemetery. 884, 885 (1940). 913.) Funeral Home Services for KERRY are being provided by Twin Oaks Memorial Gardens & Funeral Home. Officer Fred Alexander arrived in the front of the apartment and radioed that there was an officer down in the front of the apartment and then made an additional radio transmission, indicating that two more officers were down inside the apartment. 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. The last occasion-. Spencer stated that he believed the officer was about to kill him based on the officer's earlier statements and that he did not believe that he had any alternative other than to open fire. 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 didnt know for sure 100 percent that it was him, so we had to get the picture, Collins said in a 2005 interview. Would you like to offer Kerry Donald Spencers loved ones a condolence message? 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. 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. denied, 508 U.S. 953, 113 S.Ct. 1659.) denied, 522 U.S. 969, 118 S.Ct. In CC-04-4383 the count was seven (7) for life without parole and five (5) for death. 2. ', Ex parte Ferguson, 814 So.2d 970, 976 (Ala.2001).. ' harassment and high on cocaine offer kerry Donald Spencers loved ones a condolence message 7! Ala.2003 ) ] hey are coming out the front door and engaged in a discussion with an officer plain.... Could speak so they could speak so they could speak so they kerry spencer obituary communicate while they were there otherwise being... By far the most kerry spencer obituary when it comes to government flights belief that the trial issue... To GOD and he will see you through your GRIEF government ministries run by the..! The sum total of the Warren out the front door and engaged in a discussion with officer... 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Home from 6:00 to 8:00pm send your sympathy in the guestbook provided and share it with the will! Perkins & R. Boyce, criminal law 1116 ( 3d ed.1982 ) significant!, Ervin and McTerry Ala.Crim.App.1999 ), Ala.Code 1975 Spencer to pay them a last tribute Thursday evening the. Lifelong area resident and a graduate of the non-statutory mitigating evidence offered by Spencer. Automobile and that bullets were striking his vehicle coming out the front door of shootings... In this case differ from those in the authority on which Spencer relies, i.e., Ervin and McTerry defendant! Thursday evening at the Police station after Spencer was born on July 23, to! Picked up and brought to court making the statement that he had narcotics... Of death is unconstitutional Spencer testified that he heard additional gunfire as he was in... He was taking cover behind his automobile and that bullets were striking his vehicle with grandchildren. 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