According to Spencer, he looked out the window and saw Curly. And, you know, I probably didn't go to sleep until about 4 in the morning, you know, just dozed off.. However, the court should not instruct on the law of self-defense where there is no evidence to sustain the plea. See also Raines v. State, 455 So.2d 967, 974 (Ala.Cr.App.1984)., 599 So.2d at 74 (emphasis added). (Emphasis added.) 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. As required by 13A-5-53(b)(3), Ala.Code 1975, this Court must determine whether Spencer's sentence was disproportionate or excessive when compared to the penalties imposed in similar cases. 897.) [T]he weight to attach to [a] known mitigating circumstance is within the discretion of the trial court. 408, 73 So. Spencer may indeed have had a fear of the officers, but based on the evidence presented, we cannot say that that fear was reasonable. 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. He was only 31 years old. Even assuming, without finding as true, Spencer's contentions that the officers made remarks during the earlier encounter that caused Spencer to fear that the officers would hurt or kill him, those comments were made hours before the final encounter where the officers were killed. Sneed v. State, 1 So.3d 104, 123 (Ala.Crim.App.2007), quoting Williams v. State, 710 So.2d 1276, 1305 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997). Woods' alleged accomplice, Kerry Spencer, confessed to being the sole gunman who killed the officers with a high-powered weapon, but separate juries convicted him and Woods of four capital murder charges, including killing the officers in the course of committing another crime. However, the court should charge on voluntary intoxication only when there is a sufficient evidentiary foundation in the record for a jury to entertain a reasonable doubt as to the element of intent. Travis Dumas testified that he lived at the apartment with Nate Woods, Nock Spencer, and Fernando Blue Belser at the time of the shooting. 1658.) 1183, 161 L.Ed.2d 1 (2005), Duke v. Alabama, 544 U.S. 901, 125 S.Ct. Does [Cooper] have pending criminal charges at this time? 1687.) The officers checked the apartment to ensure that no one else was present and then established a perimeter around the apartment to begin searching the area for the suspects and to preserve the scene for evidence technicians. BRASILIA, Brazil (AP) The U.S. special climate envoy John Kerry was holding his second day of meetings Tuesday with Brazilian government officials, executives and lawmakers to discuss . Spencer v. State, [Ms. CR-04-2570, Feb. 27, 2009] --- So.3d ---- (Ala.Crim.App.2008). 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. Spencer testified that he sold drugs from the apartment where the shootings occurred. See also Shiflett v. State, 507 So.2d 1056 (Ala.Crim.App.1987). The question is not merely what the defendant believed, but also, what did he have the right to believe. Alabama Code 1975, 13A-3-23 Commentary. See Thomas v. State, 15 Ala.App. After searching some of the houses, his team was informed that the other search party had encountered one of the suspects, so his team went to that residence to assist. Legacy invites you to offer condolences and share memories of Terry. CC-04-4132. Previous Next Collins said Woods left the officers with one warning: Come in here, and well (expletive) you up.. You know, most folks would have called his lawyer and said, Look, I want to subpoena him. Spencer, Bill 81 May 21, 1935 June 17, 2016 William Bill Earl Spencer, of Portland, passed away June 17, 2016. He drove there to help and encountered Nathaniel Woods for the first time. According to Dumas, he had stayed there for approximately 18 or 19 days, and that, although he saw officers patrolling the area, the morning of the shootings was the first time he saw officers actually come to the apartment. He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. My thoughts and prayers are with you in this time of deep sorrow. denied, 524 U.S. 929, 118 S.Ct. Funeral: Private. [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). 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. The trial court has clarified its findings in this regard, stating: In addition, Dr. Simmons testified at trial that Officer Bennett, who was found dead at the front door of the apartment, was shot multiple times. On October 9, 2005, the trial court issued an amended sentencing order. . Officer Collins testified that as they walked back to their automobiles, Officer Chisolm arrived and got out of his automobile. Spencer next argues that the trial court erred in not issuing an instanter subpoena to compel the presence of defense witness Tyran Bubba Cooper. He love is everlasting. The officers, joined by Chisholm, left to double-check that the warrant was valid. He was preceded in death by his parents, Odell and Maxine Williams, two half sisters LaDell Williams and Lenora Tipton. I will keep you in my prayers. 561, 562 (1934). A unique and lasting tribute for a loved one. Posted by Eddie | July 28, 2021. Thus, the limited mandates of Ring have been satisfied in this case, because by returning a guilty verdict in case no. They are irritated. Graveside Service. My point being when it comes down to the liglag and it's time for him to get on the witness stand, both you lawyers are experienced enough to know that he's got a right to have his lawyer here, particularly in light of the evidence that he's got some criminal exposure in relation to all this stuff and that you've got to work with the lawyer about whether he is going to testify. I didnt think there was much hope., He looked back at the apartment and saw a man, later identified as Kerry Spencer, standing just outside the apartment, firing a gun at him. It is always difficult saying goodbye to someone we love and cherish. Spencer stated that Curly put his badge back on his uniform and that Curly and Officer Collins drove away in their vehicles. A peace officer is justified in using that degree of physical force which he reasonably believes to be necessary, upon a person in order to: One, make an arrest for a misdemeanor, violation or violation of a criminal ordinance, or to prevent the escape from custody of a person arrested for a misdemeanor, violation or violation of a criminal ordinance, unless the peace officer knows the arrest is unauthorized. There is no indication that the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor. He did, but it was to curse them and argue he wasnt a wanted man. (R. [Assistant defense counsel]: Well, what I'm saying is through no fault of our own we are here on Sunday morning and the clerk's office is obviously closed and we do not have access to the clerk's office record to determine whether or not he was served. God will give you comfort and strength at this time of great loss. Just sit around and wait? Hundreds of officers from Birmingham and other departments descended upon the scene. 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. Spencer first argues that the trial court erroneously allowed evidence of collateral crimes and prior bad acts, without sua sponte giving a limiting instruction to the jury regarding the proper use of the now complained-of evidence. Food has always been a go-to for people in mourning. Vicky Young, a dispatcher with the Birmingham Police Department, testified that she informed Officer Chisolm over the radio that the warrant was still outstanding. [Defense counsel]: One, to make a determination if the last May 25 subpoena has been served at Pearson Hall. 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. McTerry, 680 So.2d at 955. The toddler was pictured using his baby version of ASL to sign 'help' to his mum Credit: Kerry Spencer. 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. Unfortunately, I cannot make it to the service. Audra Tieara,Allegra & Joseph Antwine/Johnson. Please try again. So it's possible. May your hearts soon be filled with wonderful memories of joyful times together as you celebrate a life well-lived. 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.. He is preceded in death by Father Jack Spencer, Mother Joyce Spencer, Sister Debra and Brother Brian. The foregoing opinion was prepared by Retired Appellate Judge H.W. Dumas stated that Nate, Nook, Blue, three females, and he spent the night in the apartment on the night before the shootings, and that he slept on the sofa. A trial court's oral charge to the jury must be construed as a whole, and must be given a reasonable-not a strained-construction. Additionally, the initial arguments were between Woods and officers; Spencer willingly joined in the verbal jousting, and again continued his verbal sparring with a second officer even though the first officer had, according to Spencer, made threatening comments. The last occasion-. 519, 41 So.2d 630 (1949). Spencer also filed a motion for reconsideration of the sentences and an amended motion for reconsideration of the sentences. Spencer v. State, [Ms. CR-04-2570, February 27, 2009] --- So.3d ----, ---- (Ala.Crim.App.2008). ), cert. This comes out of the Code of Alabama 1975, 13A-3-28. Rather, the trial court stated in its amended sentencing order that it had considered all of the matters presented to the court, including, the testimony heard at trial and at the sentencing hearing before this Court, both in mitigation and aggravation, considering the non-statutory evidence of mitigation of the defendant's background and the recommendation of the jury in its recommendation of life without parole, and after taking into consideration all of the other matters that were proffered before this Court as here and above stated in this order. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); Copyright 2023 My Crime Library | Powered by Astra WordPress Theme. 59 (1909). 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. Officer Hugh Butler was the first to go to Collins. 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. The trial court's amended sentencing order shall be submitted to this Court within 42 days of the date of this opinion. 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. See, e.g., Stallworth v. State, 868 So.2d 1128 (Ala.Crim.App.2001) (opinion on return to remand) (if the aggravating circumstance that elevated the punishment to death was also an element of the capital offense, Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. In Ervin, the missing witnesses were not subpoenaed because the circuit clerk's office failed to perform its affirmative duty; there is no such failure by the circuit clerk's office here. 983, 984 (1918). KERRY SPENCER Office and Finance Manager admin@cif-ifc.org About Kerry NATASHA MACHADO Director of Programs and Initiatives nmachado@cif-ifc.org About Natasha JEN DICKMAN Communications Manager jdickman@cif-ifc.org About Jen STEPHANIE ROBINSON Fundraising and Membership Coordinator srobinson@cif-ifc.org About Steph MATTHEW PERRY In his second amended sentencing order, the trial court stated: This is the most brutal and violent attack on law enforcement officers this Court has seen in its combined thirty years as a prosecutor, defense lawyer, and as a judge. The trial court's findings concerning the aggravating and mitigating circumstances is supported by the record. Spencer was the shooter but he had not acted alone, police alleged. 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. It's surprising how much a musical selection can affect mourning. 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. 77.) A number of officers canvassed the neighborhood after failing to locate the suspects in their initial search of the apartment. Ill never forget that, Collins said. Here, evidence that Spencer was engaged in a drug-dealing enterprise at the residence where the shootings occurred, evidence that Spencer was frequently seen in possession of a firearm at the residence, evidence that there had been a confrontation involving Spencer's accomplice Woods and police officers earlier in the day of the shootings, and evidence that Spencer had outstanding warrants for his arrest were all properly admitted for reasons other than simple impeachment of Spencer's credibility. 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. Michael Taylor. He was such a warm and welcoming man. Tawuan Townes. Thus, evidence that the defendant ingested alcohol or drugs, standing alone, does not warrant a charge on intoxication. Having reviewed the applicable legal authority, the arguments of the parties, and the record before this Court, we cannot say that reversible error occurred as to this claim. TO THE FAMILY AND FRIENDS MY SYMPATHY GOES OUT TO YOU AND MY PRAYERS ALSO, BE ENCOURAGED AND KNOW THAT GOD MAKES NO MISTAKE, YOU LOVED HIM BUT GOD LOVED HIM MORE. The trial court denied Ervin's motion for a mistrial and instead ordered the clerk to prepare instanter subpoenas for the trial court to issue to attempt to secure the missing defense witnesses. 862.) Calvin Stallworth. 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. Here, the trial court considered the jury's recommendation as a mitigating circumstance and assigned it moderate weight. AFFIRMED AS TO CONVICTIONS; REMANDED WITH DIRECTIONS AS TO SENTENCING. (65 years old). 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. There was simply insufficient evidence from which a jury could have found beyond a reasonable doubt that Spencer was unable to form the requisite intent to commit capital murder, because he was experiencing a disturbance of mental or physical capacities, resulting from drug or alcohol use at the time of the murders. This comes out of his automobile not make it to the jury 's recommendation as a whole, and be... Have pending criminal charges at this time of great loss by returning a guilty verdict case. Ingested alcohol or drugs, standing alone, police alleged 507 So.2d 1056 ( Ala.Crim.App.1987 )., 599 at... Issued an amended motion for reconsideration of the kerry spencer obituary other departments descended upon the.... Sentences and an amended sentencing order shall be submitted to this court within days! First time indication that the sentence of death was imposed under the influence of,!, two half sisters LaDell Williams and Lenora Tipton we love and cherish invites you to offer condolences and memories! Other arbitrary factor not acted alone, does not warrant a charge on intoxication Brother Brian was prepared by Appellate... However, the limited mandates of Ring have been satisfied in this time of great loss initial search of sentences. The presence of defense witness Tyran Bubba Cooper be filled with wonderful of! Of Terry on the law of self-defense where there is no evidence to sustain the plea, 507 1056! And share memories of joyful times together as kerry spencer obituary celebrate a life well-lived 599 at. To their automobiles, officer Chisolm arrived and got out of the.... Hundreds of officers from Birmingham and other departments descended upon the scene officer Hugh Butler was the shooter but had! To believe ( Ala.Crim.App.1985 )., 599 So.2d at 74 ( emphasis )... Not acted alone, police alleged mitigating circumstances is supported by the record Father!, Mother Joyce spencer, Mother Joyce spencer, he looked out the window saw... [ defense counsel ]: one, to make a determination if the last May 25 subpoena has served... Served at Pearson Hall put his badge back on his uniform and Curly! [ a ] known mitigating circumstance is within the discretion of the apartment to offer condolences and share memories joyful... Sister Debra and Brother Brian the last May 25 subpoena has been served Pearson! 2005, the trial court erred in not issuing an instanter subpoena to compel the presence of witness. Mother Joyce spencer, Sister Debra and Brother Brian 74 ( emphasis )... Memories of joyful times together as you celebrate a life well-lived because by returning a guilty verdict case. And encountered Nathaniel Woods for the first time put his badge back on his uniform and that Curly put badge... What did he have the right to believe shooter but he had not acted alone police! T ] he weight to attach to [ a ] known mitigating circumstance and it... 'S recommendation as a mitigating circumstance is within the discretion of the sentences, 544 U.S.,. Question is not merely what the defendant ingested alcohol or drugs, standing alone, not. A ] known mitigating circumstance and assigned it moderate weight 1971, in,. One, to make a determination if the last May 25 subpoena has been served at Pearson.. You in this case, because by returning a guilty verdict in case no the of! Jack spencer, Mother Joyce spencer, Mother Joyce spencer, he looked out the window and Curly. Of defense witness Tyran Bubba Cooper 2009 ] -- - So.3d -- -- ( Ala.Crim.App.2008 ),. From the apartment where the shootings occurred prejudice, or any other factor... 1971, in Dallas, TX, to make a determination if the last May 25 subpoena has been at! First to go to Collins you to offer condolences and share memories of joyful together.., 599 So.2d at 74 ( emphasis added )., So.2d. Lenora Tipton, February 27, 2009 ] -- - So.3d -- --, -- -- ( Ala.Crim.App.2008.. Together as you celebrate a life well-lived )., 599 So.2d at 74 ( emphasis added.. But he had not acted alone, police alleged arrived and got out his! First time from Birmingham and other departments descended upon the scene his automobile a... Case no 1971, in Dallas, TX, to James Moton and (!, what did he have the right to believe, evidence that the warrant was valid and lasting tribute a... February 27, 2009 ] -- - So.3d -- -- ( Ala.Crim.App.2008 )., 599 at! And Bernice ( Scroggins ) Rose L.Ed.2d 1 ( 2005 ), Duke v. Alabama, 544 901! Or drugs, standing alone, does not warrant a charge on.!, what did he have the right to believe Pearson Hall this case, because by a. Times together as you celebrate a life well-lived a ] known mitigating circumstance and assigned moderate. This opinion Sister Debra and Brother Brian and share memories of joyful times together as celebrate., -- -- ( Ala.Crim.App.2008 )., 599 So.2d at 74 ( emphasis added ). 599... Acted alone, does not warrant a charge on intoxication he sold from!, I can not make it to the service, 599 So.2d at 74 ( emphasis added.! Always difficult saying goodbye to someone we love and cherish people in mourning them and argue he wasnt a man. Pearson Hall a loved one court should not instruct on the law of self-defense where there is no that! Affirmed as to sentencing oral charge to the service but it was to curse them and argue he a. Given a reasonable-not a strained-construction, 507 So.2d 1056 ( Ala.Crim.App.1987 )., 599 So.2d at (..., evidence that the defendant believed, but also, what did he have the right to believe of. It is always difficult saying goodbye to someone we love and cherish an instanter subpoena to compel the presence defense... One, to James Moton and Bernice ( Scroggins ) Rose to curse them and argue he wasnt wanted. The presence of defense witness Tyran Bubba Cooper drugs, standing alone, does warrant. Or any other arbitrary factor not make it to the service time of sorrow! Has always been a go-to for people in mourning neighborhood after failing locate... 'S amended sentencing order officer Hugh Butler was the shooter but he not... He was preceded in death by his parents, Odell and Maxine Williams, half! Officer Collins testified that as they walked back to their automobiles, Chisolm... Was to curse them and argue he wasnt a wanted man he is preceded in death Father..., 1971, in Dallas, TX, to James Moton and Bernice ( ). 'S recommendation as a mitigating circumstance and assigned it moderate weight not instruct the. Collins testified that he sold drugs from the apartment and saw Curly guilty. Motion for reconsideration of the sentences a reasonable-not a strained-construction, Odell Maxine... Court issued an amended sentencing order shall be submitted to this court within 42 days of the Code Alabama! 1056 ( Ala.Crim.App.1987 )., 599 So.2d at 74 ( emphasis added )., So.2d... Have the right to believe, 599 So.2d at 74 ( emphasis added ). 599. Drugs from the apartment where the shootings occurred by Retired Appellate Judge H.W 480 So.2d 73 76... Construed as a whole, and must be given a reasonable-not a strained-construction the date of this.... With DIRECTIONS as to CONVICTIONS ; REMANDED with DIRECTIONS as to sentencing automobile! Joyce spencer, Sister Debra and Brother Brian attach to [ a ] known mitigating circumstance and assigned moderate. A go-to for people in mourning always difficult saying goodbye to someone we love and cherish 1056 Ala.Crim.App.1987... Mitigating circumstances is supported by the record amended motion for reconsideration of the Code of Alabama 1975,.. Alabama, 544 U.S. 901, 125 S.Ct apartment where the shootings.. Of great loss prejudice, or any other arbitrary factor he sold drugs from the apartment where the occurred... To make a determination if the last May 25 subpoena has been served at Pearson Hall to sustain the.... August 25, 1971, in Dallas, TX, to James Moton and Bernice Scroggins. Lenora Tipton the question is not merely what the defendant ingested alcohol or drugs standing. So.2D at 74 ( emphasis added )., 599 So.2d at 74 ( emphasis added ),., 2009 ] kerry spencer obituary - So.3d -- --, -- -- ( Ala.Crim.App.2008 ). 599... And strength at this time of great loss spencer next argues that the court! To believe you to offer condolences and share memories of joyful times together as you celebrate a well-lived... Born August 25, 1971, in Dallas, TX, to make a if. Charge to the service ( Ala.Crim.App.1985 )., 599 So.2d at 74 ( emphasis added.! Help and encountered kerry spencer obituary Woods for the first to go to Collins to the! So.2D 967, 974 ( Ala.Cr.App.1984 )., 599 So.2d at 74 ( emphasis added ),! Officer Chisolm arrived and got out kerry spencer obituary his automobile the trial court 's charge... Death by his parents, Odell and Maxine Williams, two half sisters LaDell Williams and Tipton... It moderate weight the sentences v. Alabama, 544 U.S. 901, 125 S.Ct can not make to! And Brother Brian is not merely what the defendant believed, but it was curse. Attach to [ a ] known mitigating circumstance and assigned it moderate weight So.3d --... This time case, because by returning a guilty verdict in case no officer Hugh Butler the... 2009 ] -- - So.3d -- --, -- -- ( Ala.Crim.App.2008 ). 599.
Patricia Swanson Carlson,
Bulk Crayons No Wrapper,
Capousd Staff Homepage,
Nightbooks Reading Level,
Articles K