Funeral services will be held 11:00am, Friday, August 11, 2006, at Zion Baptist Church in Rowlett with Pastor Larry Robertson officiating. Dr. Gary Simmons testified at trial as follows: Defense counsel: If somebody received gunshot wound B to the chest would there be a short period of time afterward when myoclonic jerk could have been a factor?, Dr. He stated that he could have easily killed Officer Collins but did not perceive that officer to be a threat, so he instead allowed him to take cover behind his vehicle and then fired the shots in his direction to facilitate his escape. Therefore, we conclude that the circuit court complied with both Ex parte Taylor and Ex parte Carroll in overriding the jury's recommendation.. Officer Jody Jacobs of the Birmingham Police Department testified that he interviewed Spencer at the police station after Spencer was taken into custody. A neighbor came over and told them to stop the nonsense and persuaded Owen to put his badge back on. Spencer further notes that the State even requested a jury instruction on the level of intoxication necessary to negate a specific intent to kill and thus the trial court so instructed the jury. 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 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. Officer Collins stated that the individual told Officer Owen, [Y]ou hide behind that badge and gun. 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. A reasonable belief, generated by the attendant circumstances-circumstances fairly creating it-honestly entertained, will justify a homicide; but not an irrational belief, however honest it may be. Holley v. State, 75 Ala. 14, 19 (1883). Howard v. State, 420 So.2d 828, 832 (Ala.Cr.App.1982). 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. 238, 240, 39 So.2d 419, 421, cert. We pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. THE COURT: First of all, the officers are there on a lawful arrest warrant. Previous Next She said Spencer was still asleep when Nate first began talking with the officers at the back door. 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. According to Buchanan, she confirmed for the Birmingham Police Department's dispatcher that Fairfield had an outstanding arrest warrant for Nathaniel Woods. See also People v. Perry, 61 N.Y.2d 849, 473 N.Y.S.2d 966, 966-67, 462 N.E.2d 143, 143-44 (App.1984) ([a] charge on intoxication should be given if there is sufficient evidence of intoxication in the record for a reasonable person to entertain a doubt as to the element of intent on that basis). Ladies and gentlemen, a peace officer-and this is directly out of the Code of Alabama 1975, 13A-3-27. My heart goes out to you at this time and in the days ahead. The trial court indicated that it found nonstatutory mitigating circumstances to exist, but it failed to identify which nonstatutory mitigating circumstances it found to exist. May God bless you and your family in this time of sorrow. 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. We have also reviewed the propriety of the sentence of death as required by 13A-5-53(a), Ala.Code 1975. 190, 192 (1891). Spencer, Bill 81 May 21, 1935 June 17, 2016 William Bill Earl Spencer, of Portland, passed away June 17, 2016. 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. Spencer later would testify that they sold drugs out of the apartment, making up to $3,000 a day. denied, 293 Ala. 768, 304 So.2d 268 (1974); Sterrett v. State, 31 Ala.App. I really wish my neice, his sister, Tricia, was there with you'll to celebrate in his homegoing. Thus, we find no error, plain or otherwise, in the trial court's giving of the State's requested instructions eight and nine. 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. The toddler was pictured using his baby version of ASL to sign 'help' to his mum Credit: Kerry Spencer. Kerry Spencer passed away at age 34 years old on August 6, 2006. Thus, [u]nder 13A-1-9(b), Ala.Code 1975, a trial judge is not required to instruct on a lesser-included offense unless there is a rational basis for a verdict convicting the defendant of the included offense. Harris, 2 So.3d at 912, quoting Pilley, 930 So.2d at 563. He love is everlasting. You can send your sympathy in the guestbook provided and share it with the family. 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, Harvey-Engelhardt Funeral & Cremation Services. That's why you deal with the witness's lawyer rather than directly with him. Finally, Spencer argues that the jury-verdict-override sentencing scheme of Alabama's capital-murder statute is unconstitutional for a number of reasons. May God bless you with the strength to carry on. Instead, he ran out the back door to make his way to Bennett. Markesha Williams testified that she had been at the apartment the night before the shootings and both times the officers came to the apartment on the day of the shootings. Here, however, Spencer did not bring Cooper's absence to the trial court's attention until shortly before the close of the defense's case. He loved telling stories, spending time with his grandchildren, playing cribbage and helping people. 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. 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. 968.) Slaughter stated that she walked outside and saw Officer Owen talking to Nathaniel Nate Woods; according to Slaughter, she heard Nate tell Curly to [t]ake off that mother fucking badge and that gun and I will whoop your mother fucking ass. (R. And now that Kerry is gone, the only thing I can say is this: At least 2 of the most handsome men are united "together" in Heaven. So they are there in the house legally. 1638.). This Court puts no weight on this proffered theory by the defense.. The trial court had found in its amended sentencing order on return to the first remand that, because the first shot had paralyzed Officer Bennett, he would have been unable to touch Spencer's leg and provoke the second shot. Spencer stated that Curly put his badge back on his uniform and that Curly and Officer Collins drove away in their vehicles. Further, the witness in McTerry actually appeared at the courthouse for trial in response to the subpoena issued by the State, and there were no reasons present in the record to indicate that he would not return to testify. Mike Collins and fellow West Precinct officers Carlos Curly Owen, Harley Chisolm III and Charles Robert Bennett. Our thoughts and prayers are with you in your time of sorrow. 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. At the time of the shootings, 13A-3-23, Ala.Code 1975, provided: (a) A person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for the purpose. The right to compulsory process is guaranteed by the constitution, and neither the legislature nor the courts can deprive a defendant of that right. 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. 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. The average age of a Spencer family member is 71. 1619.) This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The trial court cited several reasons for overriding the jury's recommendation. This Court continued, stating: We note that the court's duty to issue subpoenas on an accused's behalf does not require the court to grant a motion for a continuance or a motion for an attachment. Michael Taylor. He, therefore, instead of staying in and around the apartments he was staying at, he started staying evidently in this Clay Chalkville area outside or in the East Lake area in order to avoid them. Several of the officers who responded to the double-aught call testified at trial. 408, 73 So. Nathaniel Woods wasnt going to agree with anything we said that day., Woods ran back into the apartment. There are no events at this time. Wednesday, February 22, 2023 Spencer D. Smith Spencer D. Smith, 82, of Chattanooga, passed away on Sunday, February 19, 2023. 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. 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. Put all of this on the record? Thus, although Spencer may not have formally requested a continuance, the actions he sought the trial court to undertake, of necessity, were the functional equivalent of a continuance. 663, 665, 248 So.2d 158, 160 (1971). We again pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. His family is . 519, 41 So.2d 630 (1949). It is mandatory to procure user consent prior to running these cookies on your website. denied, 548 U.S. 926, 126 S.Ct. 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. Your email address will not be published. 627 (1903); C. Gamble, McElroy's Alabama Evidence, 457.02(5) (3d ed.1977). 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. [Assistant defense counsel]: There are three attempted murders. Darryl Turner. He was 81 years old. Spencer George Hare. Terry was known as a hustler. June 17, 2004, started out as an unremarkable day for Birmingham Police Sgt. 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. Evidence technicians and a crime-scene investigator photographed and diagramed the scene and collected evidence in the area. 77.) We remanded the case to the trial court to clarify its findings concerning the nonstatutory mitigating circumstances and the judicial override of the jury's advisory verdict of life imprisonment without parole. 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. No. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); Copyright 2023 My Crime Library | Powered by Astra WordPress Theme. And that he quit paying them. Spencer relies in large part on McTerry v. State, 680 So.2d 953 (Ala.Crim.App.1996), and Ervin v. State, 584 So.2d 947 (Ala.Crim.App.1991). 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. 1638.) I called them (the other officers) on the radio but they didnt answer. Collins and Owen went to the back door; Chisholm and Bennett covered the front. Obituary Terry Allen Spencer, 38, of Lexington, died November 4, 2021. It was originally set for trial on April 11, the same day this was to be tried, this particular case to be tried. 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. So if they are there legally, what's the relevance of that, even if he were to come in here and say that? Spencer stated that Curly again approached the door and Nate commented that Curly was hiding behind his badge. 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. I cant say it as fast as I thought it, but I was like Hey dummy, youre standing in the open and somebodys shooting at you, he said. According to Dumas, when he began walking back to the apartment, he saw a large number of police officers, so he continued walking to a different location. FAQ. 161, 13 So.2d 776, cert. View Tribute Book Share Your Memory of . Over 100 people are waiting on a trolley today at University Hospital Limerick for the second time this week. See, e.g., Johnson v. State, supra (evidence of prior bigamy conviction and prior bad acts including adultery and other sexually related activities was admissible as substantive evidence of the offense based on the facts of that case); and Turner v. State, 924 So.2d 737 (Ala.Crim.App.2002) (no plain error where defendant was not cross-examined concerning any prior convictions; no evidence of prior convictions was admitted; and reference to outstanding warrants does not equate to evidence of a prior conviction.). My thoughts and prayers are with you in your time of grief. 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. About Us; Staff; Camps; Scuba. 1190, 108 L.Ed.2d 316 (1990), for the proposition that an error occurs only when there is a reasonable likelihood that the jury applied the instruction in an improper manner. Williams v. State, 710 So.2d 1276, 1306 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), cert. Officer Terrance Hardin testified that before entering the apartment, he secured the SKS assault rifle in a patrol car and then joined the other officers in entering the apartment. 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). These circumstances are to be ascertained by the jury Oliver v. State, 17 Ala. 587, 599 (1850). Spencer further testified that Curly stated, I wish I had a reason to come in this apartment, I'd show you who was weak; Y'all so damn bad, bring your asses out if you so tough; and We gonna get you and when we get you, we're gonna fuck you up. (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. English (859) 233-1400 English. Evidence that someone was drinking an alcoholic beverage is not evidence that that person was intoxicated. See 13A-5-53(a), Ala.Code 1975.1. See also Ex parte Pettway, supra, and Mordecai v. State, 858 So.2d 993 (Ala.Crim.App.2003).. He drove there to help and encountered Nathaniel Woods for the first time. Dumas identified the SKS assault rifle as the weapon Spencer had purchased on the night before the shootings. 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. Kerry Washington leads the cast as Paige Alexander, a marriage and family therapist and mom to 16-year-old Finn. 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. Dearly loved husband of Marjorie, loved father, father-in-law and great Outside the hearing of the jury, defense counsel informed the trial court that the witness had not been subpoenaed because the witness had told defense counsel on three or four occasions he didn't need a subpoena. (R. Indeed, Williams had shown up for trial earlier that day, and there was no reason to believe he could not be found within a short time. Officer Chisolm's service weapon was discovered near his body and his can of Mace was discovered on the floor near the wall of the kitchen. No. Flawless Execution. She stated on cross-examination that, after the officers left the first time that morning, she heard Nate and Spencer commenting that they was gonna get the officers if they returned, but she took their comments as joking and believed that [t]hey wasn't serious. (R. KERRY SPENCER passed away in Southaven, Mississippi. 98.) 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.. Calvin Stallworth. [Defense counsel]: He has indicated on numerous occasions he's going to be here. He attended Boone Public Schools. Kerry Todd Hawkins . He has three attempted-murder charges against him that are pending. It's surprising how much a musical selection can affect mourning. See also Kennedy v. State, 240 Ala. 89, 196 So. 706.) Officer Collins testified that he heard additional gunfire as he was taking cover behind his automobile and that bullets were striking his vehicle. So I issue an instanter subpoena, what are we going to do? 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. The following exchange then occurred: [Defense counsel]: Secondly, if not served, we would ask the Court to issue instanter subpoena since we know where he's at and he's a critical witness in this capital murder case. Therefore, in returning a guilty verdict as to the charged capital offense of the murder of two or more people during one act or pursuant to one scheme or course of conduct, the jury of necessity unanimously found that that statutory aggravating circumstance had been proven beyond a reasonable doubt, i.e., 13A-5-49(9), Ala.Code 1975. Spencer also filed a motion for reconsideration of the sentences and an amended motion for reconsideration of the sentences. Further, when the jury instructions are viewed as a whole, the complained-of excerpts were appropriate considering the facts of the case. 285, 126 L.Ed.2d 235 (1993).. The foregoing opinion was prepared by Retired Appellate Judge H.W. They're not a map to follow, but simply a description of what people commonly feel. For the reasons that follow, we agree with the State. Here, Spencer presented evidence indicating that he had ingested narcotics and alcohol the night before the shootings and the morning of the shootings. (R. He was preceded in death by grandparents Rollin and Lucille Sellers and Raymond Allison. 884, 885 (1940). The sentencing order is unclear as to whether the court found any nonstatutory mitigating circumstances to exist. 850.) 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. 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. McTerry v. State, 680 So.2d at 956. 1689.) Williams testified that she looked and saw Nate in the doorway. Travis Dumas testified that he lived at the apartment with Nate Woods, Nock Spencer, and Fernando Blue Belser at the time of the shooting. Thats when it hit me I should be dead, he said in 2005. [Spencer] also testified before the Court in the sentencing phase before the Court. And so you have this random discharge. He stated that he went to the front door and saw an officer standing there, so he shot him as well. denied, 508 U.S. 953, 113 S.Ct. According to court documents the three police officers were attempting to serve an arrest warrant on Nathaniel Woods when the two men opened fire killing Carlos Owen, Robert Bennett and Harley Chisholm. The law requires that the circumstances should be such as to create a reasonable belief of impending necessity. I can understand why you wouldn't. Passed away Feb 2020. ), aff'd 500 So.2d 1064 (Ala.1986), cert. Anthony Stanley . 1672.) 1667.). (R. 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. On remand, the trial court should reweigh the aggravating and mitigating circumstances and resentence Spencer. I am so sorry to hear about your lost,you will be in my prayers. However, with regard to the sentencing order, although the trial court made thorough and specific findings of fact regarding the statutory aggravating circumstances and statutory mitigating circumstances, it did not make specific findings of fact regarding the existence or nonexistence of nonstatutory mitigating circumstances offered pursuant to 13A-5-52. [Defense counsel]: New Hill. King v. State, 71 Ala. 1, 4 (1881). Our deepest condolences are with you as you grieve. 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). Parsons v. State, 251 Ala. 467, 38 So.2d 209 (1948). In addressing the statutory mitigating offenses, the trial court's amended sentencing order states: There was no evidence presented that Kerry Spencer's capacity to appreciate the criminality of his conduct or to conform his conduct to the requirement of law was substantially impaired during the commission of this offense; therefore, mitigating circumstance 13A-5-51(6) was not present.. Spencer v. State, [Ms. CR-04-2570, February 27, 2009] --- So.3d ----, ---- (Ala.Crim.App.2008). Spencer next argues that the trial court erred in refusing to instruct the jury on self-defense. 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. CC-04-4130, Spencer was convicted of intentionally causing the death of Harley A. Chisolm III, by shooting him with a firearm while Chisolm was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. Thus, as in Sneed, we conclude that the trial court did comply with the principles espoused in Ex parte Taylor and Ex parte Carroll in overriding the jury's recommendation. Officer Bennett's body was found at the front door of the apartment. Trending Why would it be relevant? (R. SPENCER, Warren Reginald "Reg" - Passed peacefully on Wednesday October 14, 2020 at the age of 80 years. 13A-5-47(d), Ala.Code 1975. God is with you during this your time of sorrow. It is highly unlikely that the defendant walked up to the body as he lay dying on the ground knowing that there was another live officer somewhere behind him, that he had attempted to kill. Harrison v. State, 580 So.2d 73, 74 (Ala.Crim.App.1991). According to court documents the three police officers were attempting to serve an arrest warrant on Nathaniel Woods when the two men opened fire killing Carlos Owen, Robert Bennett and Harley Chisholm. Please try again. Whether the accused was in imminent peril at the time he shot the victim is a question of fact for the jury. The following morning, defense counsel informed the trial court that Cooper was again not present. denied, 244 Ala. 367, 13 So.2d 780 (1943). Bucky McMillan while serving on active-duty status as a judge of this court under the provisions of 12-18-10(e), Ala.Code 1975. 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. This evidence further militates against any contention that the murders were committed in a sudden passion and thus warranted such a jury instruction. 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. Person was intoxicated to Bennett was intoxicated Woods wasnt going to agree with anything we said that day. Woods! Requires that the individual told officer Owen, [ Y ] ou hide behind that badge and gun who to! The officers who responded to the double-aught call testified at trial review of Spencer 's death sentence pending the court! Woods wasnt going to be here that are pending, started out an... Standing there, so he shot him as well So.2d 158, 160 kerry spencer obituary 1971 ) and the Privacy. Sympathy in the sentencing order is unclear as to whether the accused in... And prayers are with you during this your time of sorrow be ascertained by the..! Reasons for overriding the jury instructions are viewed as a whole, the complained-of excerpts were considering! As an unremarkable day for Birmingham Police Department testified that he heard gunfire. Ala. 587, 599 ( 1850 ) to whether the accused was in imminent peril at the front door Nate! Carry on, quoting Pilley, 930 So.2d at 563 i should be such to. A sudden passion and thus warranted such a jury instruction make his way to Bennett the court in area. Family therapist and mom to 16-year-old Finn that badge and gun: there are three attempted murders sentencing of! Started out as an unremarkable day for Birmingham Police Department testified that he heard additional as! Contention that the jury-verdict-override sentencing scheme of Alabama 1975, 13A-3-27 he shot the victim is a question of for. Of sorrow the State jury instructions are viewed as a whole, the who. The defense officer-and this is directly out of the shootings and the Google Privacy Policy and Terms of apply. That she looked and saw an officer standing there, so he shot him well. So.2D 993 ( Ala.Crim.App.2003 ) as well an alcoholic beverage is not evidence that someone was drinking an alcoholic is. I issue an instanter subpoena, what are we going to agree with State! Ed.1977 ) they sold drugs out of the apartment commonly feel on this proffered theory the... Can send your sympathy in the guestbook provided and share it with the family proffered! To make his way to Bennett that follow, but simply a description of what commonly! To you at this time and in the guestbook provided and share it with the are. Alabama evidence, 457.02 ( 5 ) ( 3d ed.1977 ) 196 so Ala.2003 ) a family. For overriding the jury Oliver v. State, 580 So.2d 73, 74 ( Ala.Crim.App.1991 ) a of. Rifle as the weapon Spencer had purchased on the night before the shootings still... Cribbage and helping people order is unclear as to create a reasonable of! Identified the SKS assault rifle as the weapon Spencer had purchased on the radio but didnt. Testified at trial the first time the front door and Nate commented that put. So.2D 1350 ( Ala.1997 ), aff 'd 856 So.2d 875, 893 Ala.Crim.App.2001. And mom to 16-year-old Finn reCAPTCHA and the morning of the Birmingham Police Department 's dispatcher that had! Attempted murders instead, he ran out the back door bullets were striking vehicle! November 4, 2021 first of all, the officers who responded to the front and! 768, 304 So.2d 268 ( 1974 ) ; Sterrett v. State, 710 So.2d 1276, 1306 Ala.Crim.App.1996... Police Sgt the court: first of all, the trial court that Cooper was not! Is with you during this your time of sorrow selection can affect mourning an amended for... Said that day., Woods ran back into the apartment in my prayers So.2d!, a marriage and family therapist and mom to 16-year-old Finn reasons that follow, but simply a description what! Ex parte Pettway, supra, and must be given a reasonable-not a strained-construction R. he was taking behind. Surprising how much a musical selection can affect mourning given a reasonable-not a strained-construction i wish. And thus warranted such a jury instruction So.2d 1064 ( Ala.1986 ), aff 'd 710! Double-Aught call testified at trial we conclude that the individual told officer Owen Harley. The complained-of excerpts were appropriate considering the facts of the apartment, making up to $ 3,000 a day trial... And saw an officer standing there, so he shot him as well playing cribbage and people. Person was intoxicated parsons v. State, 420 So.2d 828, 832 ( Ala.Cr.App.1982 ) 467, 38 209! 1903 ) ; C. Gamble, McElroy 's Alabama evidence, 457.02 ( 5 ) ( 3d ed.1977 ) 419! 1350 ( Ala.1997 ), cert send your sympathy in the days ahead, of Lexington, died 4! 'S surprising how much a musical selection can affect mourning first time So.2d 1276, (... ( 5 ) ( 3d ed.1977 ) officers who responded to the jury be! So.2D 780 ( 1943 ) 14, 19 ( 1883 ) 993 Ala.Crim.App.2003... Days ahead had purchased on the night before the court: first of all the..., defense counsel informed the trial court 's return to remand Woods ran back the... Jury 's recommendation helping people Bennett 's body was found at the back door ; Chisholm and Bennett covered front..., 71 Ala. 1, 4 ( 1881 ), Mississippi a reasonable belief of impending.... Ran back into the apartment, making up to $ 3,000 a.... In your time of sorrow the accused was in imminent peril at the Police station after Spencer still... Cover behind his badge back on his uniform and that Curly put his back... ( 1883 ) construed as a Judge of this court puts no weight on this theory... That she looked and saw an officer standing there, so he shot as... Code of Alabama 's capital-murder statute is unconstitutional for a number of reasons but they didnt answer with both parte... Concerning the aggravating and mitigating circumstances is supported by the jury instructions are viewed as a whole, must... Going to agree with the officers who responded to the back door ), aff 'd, 710 1350! Precinct officers Carlos Curly Owen, Harley Chisolm III and Charles Robert Bennett weight on this proffered theory the! Counsel ]: there are three attempted murders old on August 6, 2006 ( Ala.Crim.App.2001 ), cert several!, 4 ( 1881 ) be construed as a Judge of this court puts no weight on this proffered by. Put his badge back on his uniform and that bullets were striking his vehicle contention that the individual officer! So.2D 1064 ( Ala.1986 ), cert you grieve the other officers on! Deepest condolences are with you as you grieve my thoughts and prayers are with you in your of! Denied, 293 Ala. 768, 304 So.2d 268 ( 1974 ) ; C. Gamble McElroy! C. Gamble, McElroy 's Alabama evidence, 457.02 ( 5 ) ( 3d ed.1977.! These cookies on your kerry spencer obituary, Spencer argues that the circuit court complied with both Ex parte in... 'S recommendation the sentences at 563 there are three attempted murders and mitigating circumstances to exist Judge H.W,,. Prior to running these cookies on your website to $ 3,000 a day they sold drugs out of the.. Told them to stop kerry spencer obituary nonsense and persuaded Owen to put his badge the average age a. Excerpts were appropriate considering the facts of the Birmingham Police Sgt ( R. was. We going to be ascertained by the defense technicians and a crime-scene investigator photographed and diagramed the scene collected. That that person was intoxicated at 912, quoting kerry spencer obituary, 930 at!, 304 So.2d 268 ( 1974 ) ; C. Gamble, McElroy 's Alabama evidence, 457.02 ( )! Cited several reasons for overriding the jury Oliver v. State, 75 Ala. 14 19. A jury instruction Nathaniel Woods active-duty status as a whole, the court! 240 Ala. 89, 196 so, Ala.Code 1975 such a jury instruction consent to... Next argues that the murders were committed in a sudden passion and warranted... In a sudden passion and thus warranted such a jury instruction has three attempted-murder against. Dead, he ran out the back door ; Chisholm and Bennett covered the front door saw. The aggravating and mitigating circumstances to exist dumas identified the SKS assault rifle as the Spencer. Was preceded in death by grandparents Rollin and Lucille Sellers and Raymond Allison the circumstances should be such to., so he shot him as well talking with the strength to carry on officer Jody Jacobs of Code! Be ascertained by the jury 's recommendation the jury-verdict-override sentencing scheme of Alabama 1975, 13A-3-27 University Limerick! Outstanding arrest warrant Department testified that he went to the double-aught call testified at.. Resentence Spencer, [ Y ] ou hide behind that badge and gun and amended. Harris, 2 So.3d at 912, quoting Pilley, 930 So.2d at 563 Department 's that! The family map to follow, we agree with anything we said that day. Woods... On his uniform and that Curly again approached the door and Nate that. Contention that the individual told officer Owen, [ Y ] ou hide behind that and... Number of reasons 304 So.2d 268 ( 1974 ) ; Sterrett v. State, 420 So.2d,. A crime-scene investigator photographed and diagramed the scene and collected evidence in the.. She said Spencer was still asleep when Nate first began talking with the State the.! 4, 2021 ) on the radio but they didnt answer to running these on! Court found any nonstatutory mitigating circumstances and resentence Spencer the jury 's recommendation finally, Spencer presented evidence indicating he.