He was 81 years old. Finally, Spencer argues that the jury-verdict-override sentencing scheme of Alabama's capital-murder statute is unconstitutional for a number of reasons. 703, 34 L.Ed.2d 669 (1972). 670 (1898) (No convenience of the court, nor any condition of the docket of the cases for trial, can authorize the denial of [the right of the accused to compulsory process], guaranteed to him by the constitution of the State.). And so you have this random discharge. Further, the first two officers Spencer encountered during the final and fatal engagement were shot repeatedly in the back while attempting to exercise a lawful arrest on Woods. We don't know. The defendant then went to sleep and slept until the officers arrived around 1:00 p.m. that afternoon. On cross-examination, the following exchange occurred: [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? 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. As to the former, the trial court found that Spencer's age of 24 at the time of the offense was young but not so young as to carry great weight. 42.). Defense counsel informed the trial court that he had spoken with Cooper on the telephone the day before; he stated that Cooper claimed to have been unaware that he was supposed to be in court and that Cooper wanted to speak with his attorney before agreeing to testify at Spencer's trial. He stated that he was stunned, and that he radioed a shots fired call over the police radio, and ran to the back of his police car. 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. May God continue to lift up your spirits, look to the hills which cometh your health. This website uses cookies to improve your experience while you navigate through the website. SPENCER, , KERRY DARNELL Age 34 of Rowlett, TX, passed away August 6, 2006. 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). See also Guthrie v. State, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997). View Perry Spencer's obituary, contribute to their memorial, see their funeral service details, and more. Obituaries week of March 1; . The sentence of death in this case is neither excessive nor disproportionate to the penalties imposed in similar cases, considering both the crime and Spencer. Raines v. State, 455 So.2d 967, 974 (Ala.Cr.App.1984); Tarver v. State, 137 Ala. 29, 34 So. 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. You know, he was going to take a hit. Donna & Shandrea Pierce Kevin & Matthew Adkins, My prayers and thoughts are with you during this time of bereavement. Bern, please know that I am with you all. THE COURT: If he is going to take the Fifth Amendment, I need to know that. Wayne Travis. Alabama courts have, in fact, recognized three legal provocations sufficient to reduce murder to manslaughter: (1) when the accused witnesses his or her spouse in the act of adultery; (2) when the accused is assaulted or faced with an imminent assault on himself; and (3) when the accused witnesses an assault on a family member or close relative.. 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. [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. 913.) My heart goes out to his family during this trying time. (R. This court previously pretermitted a plain-error review of Spencer's sentencing proceeding, pending the trial court's return to our remand order. He was treated and released. denied, 510 U.S. 905, 114 S.Ct. 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. A unique and lasting tribute for a loved one. He stated that he then heard a radio transmission from Officer Bennett that [t]hey are coming out the front. (R. He stated that he and other officers entered the front door of the apartment and that he saw Officers Owen and Chisolm lying on the floor pretty obviously dead. (R. It must be shown that substantially favorable testimony would be given by the witness and that the denial of a continuance would materially prejudice the defendant. If you know of an upcoming event for Kerry Donald Spencer, please add one. 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. The defendant testified that he shot Officer Bennett in the face when Officer Bennett touched his leg. Richard L. Spencer Sr., 59, of Levittown, PA, died on Saturday, December 15, 2018.Richard was preceded in death by his loving father, Harold Spencer; his younger brother, Tom Spencer; his mother and father-in-law, Joyce and John Smith; and brother-in-law, Paul Brown.He is survived by his wife, Deb Burke; his mother, Lue Eva Spencer; his son, The last occasion-. James Blanton testified that he led one team of officers in a search of one side of the block while another team of officers searched the other side of the block. Spencer attended Chattanooga Central High School and was a. In his amended sentencing order on return to second remand, the trial court has clarified its findings concerning the mitigating circumstance in 13A-5-51 (Ala.Code 1975), as to whether Spencer was capable of appreciating the criminality of his conduct or whether his ability to conform his conduct to the requirement of the law was substantially impaired during the commission of the offenses. He got in trouble in April of 2004 regarding attempted murder charges. To constitute adequate legal provocation, it must be of a nature calculated to influence the passions of the ordinary, reasonable man, Biggs v. State, 441 So.2d 989, 992 (Ala.Crim.App.1983)., Hafford v. State, 674 So.2d 1386, 1390 (Ala.Crim.App.1995).. Spencer bases his argument, however, in large part on the Alabama Supreme Court's holding in Ex parte Minor, 780 So.2d 796 (Ala.2000), which he characterizes as a case in which that Court came close to establishing a per se claim of reversible error when a trial court did not give, sua sponte, a limiting instruction concerning the proper use of bad acts evidence introduced in a capital murder trial. (Spencer's brief at p. The rule of self-defense is that persons may and must act on the reasonable appearance of things. It then stated specific reasons for giving the jury's recommendation the consideration it gave it, including the appellant's participation in the robbery-murder and the jury's vote. Spencer testified that after the initial incident with the police on the morning of the shootings, Nate and he went to get some food. You know, that occasionally happens. Mr. Sanders died Tuesday, February 21, 2023 at his residence. THE COURT: Well, my point is he's got a lawyer I guess on these pending charges. Owen was checking to see if a car used by Woods and parked behind his Ensley apartment was stolen. However, Spencer does not raise those same grounds on appeal. Additionally, Spencer, knowing that the officers had returned because he looked out the window, exacerbated the situation by intentionally grabbing his loaded SKS assault rifle and proceeding toward the commotion in the kitchen. Prepare a personalized obituary for someone you loved.. May 14, 1940 - 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. Officer Hugh Butler was the first to go to Collins. I'm not sure that that testimony would be admissible anyway. 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. 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. I wasnt going to stand there and argue. I knew then. 968.) The appellant never indicated to the court that he would need additional time to locate Williams. No. According to Spencer, he looked out the window and saw Curly. His grace is sufficient. Spencer testified that he carried his SKS assault rifle with him and put it beside his leg when he took a nap. Woods was shouting expletives about the police from inside one of the four small, dingy apartments. Grief researchers say holding that missing funeral service, even a year or more later, can still help us heal. 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. Obituary of Warren Reginald Spencer. Just dont spray me with that mace.. "Nathaniel Woods is 100% innocent," Kerry Spencer, the confessed gunman also on death row, wrote in an open letter ahead of Woods' planned execution, adding, "I pray that my words don't fall on . Officer Collins testified that he heard additional gunfire as he was taking cover behind his automobile and that bullets were striking his vehicle. Unprisoned will be available to stream on Disney+ from March 10. Echovita offers a solidarity program that gives back the funds generated to families. 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. Darryl Turner. If he gets up and says, Yeah, I'm a dope dealer-. Meanwhile, you can find your obituary & funeral information with the links below. When I think of Kerry a big smile comes to my face, thoughts of his easy smile and quiet ways take some of the load from my heart. Therefore, Spencer properly preserved those grounds for review even though he did not object to the trial court's instructing the jury on the State's requested instructions eight and nine at the conclusion of the court's oral charge. 727.) At that point, Officer Bennett was paralyzed and would not have been able to move to touch his leg.. God is with you during this your time of sorrow. Private interment at Fort Snelling National Cemetery. The appellant, Kerry Spencer, was convicted of four counts of capital murder for his involvement in the shootings of four Birmingham police officers. Nathaniel Wood was executed in 2020. However, in light of the many levels of judicial scrutiny ahead in this case, we conclude it proper to ask the trial court to clarify its sentencing order as to this point on remand. Tributes.com connects you with memorial, funeral, and obituary resources you can use online and in your local community. Alabama Death Row Inmate List - T. Jarrod Taylor. German government ministries run by the Green Party emit by far the most CO2 when it comes to government flights. | Hired Attorney. This appeal, which is automatic when a defendant has been sentenced to death, followed. His family is . You are all in my prayers. He was born on September 15, 1960. It was-he pulled his gun up and I already had the weapon in my hand, so I opened fire. (R. He was the only son of the late William Spencer Castle, Jr. and Edna Jane Yarnall. Devin Thompson. The God we serve in Mobile, Alabama is the same one that sits high and looks low in Dallas, Texas. He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. So if they are there legally, what's the relevance of that, even if he were to come in here and say that? 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. See, e.g., Ex parte Hodges, 856 So.2d 936 (Ala.2003); Ex parte Waldrop, 859 So.2d 1181 (Ala.2002); Duke v. State, 889 So.2d 1, 41 (Ala.Crim.App.2002) (opinion on return to remand), cert. [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. The trial court cited several reasons for overriding the jury's recommendation. Collins went to the hospital to be checked out. Further, when the jury instructions are viewed as a whole, the complained-of excerpts were appropriate considering the facts of the case. 77.) Some kind of incident happened in New Hill in Birmingham or in the Bessemer District of Jefferson County. June 3, 2022 Whether the accused was in imminent peril at the time he shot the victim is a question of fact for the jury. Sgt. Obituary. Des Moines - Larry H. Spencer, 82, passed away on Saturday, May 21, 2022 which was Armed Forces Day. ', Ex parte Ferguson, 814 So.2d 970, 976 (Ala.2001).. Similarly, the witness in McTerry was an eyewitness to the shooting. 1691.) The trial court considered this evidence to be a nonstatutory mitigating circumstance entitled to moderate weight considering the jury's vote, which in one case was 10 for life imprisonment without parole and 2 for death, and in two of the cases was 9 for life imprisonment without parole and 3 for death, and in the final case was 7 for life imprisonment without parole and 5 for death. No party may assign as error the court's giving or failing to give a written instruction, or the giving of an erroneous, misleading, incomplete, or otherwise improper oral charge, unless the party objects thereto before the jury retires to consider its verdict, stating the matter to which he or she objects and the grounds of the objection.. 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. 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. In the absence of evidence tending to show both that the appellant was in actual or apparent imminent peril and that he was unable to retreat, it is assumed that he was not in such peril and that he was able to retreat. He went to the back door and saw an officer at a police car, so he fired additional shots and then fled through the front door. (R. denied, 244 Ala. 367, 13 So.2d 780 (1943). Thus, the trial court clearly considered this evidence presented by Spencer when determining that this mitigating circumstance did not exist. It is to be noted that reasonableness is determined by a standard-a reasonable person under like circumstances-and the determination is made by the jury. Perkins, at 1117. 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. This comes out of the Code of Alabama 1975, 13A-3-28. Dumas testified that he was awakened that morning by a bang on the front door. 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. Thus, although it is apparent that the trial court considered the evidence Spencer offered as nonstatutory mitigating circumstances, it is not clear from the record whether the trial court found any of the evidence to actually constitute nonstatutory mitigation. Cochran v. State, 500 So.2d 1161 (Ala.Crim.App.1984), aff'd in pertinent part, remanded on other part, 500 So.2d 1179 (Ala.1985), aff'd on return to remand, 500 So.2d 1188 (Ala.Cr.App. Receive obituaries from the city or cities of your choice. A 1991 graduate of Tarrant High School. David Kessler's top 4 tips for dealing with holiday grief. 98.) This category only includes cookies that ensures basic functionalities and security features of the website. [Defense counsel]: I think we need to make an attempt to see if he is there and see if he is going to come. The trial court had given the jury such an instruction. Spencer v. State, [Ms. CR-04-2570, February 27, 2009] --- So.3d ----, ---- (Ala.Crim.App.2008). 161, 13 So.2d 776, cert. Graveside Service. There are no events at this time. Legacy invites you to offer condolences and share memories of Terry. Dumas identified the SKS assault rifle as the weapon Spencer had purchased on the night before the shootings. 884 (1940); Moore v. State, 54 Ala.App. To offer your sympathy during this difficult time, you can now have memorial trees planted in a National Forest in memory of your loved one. (82 years old). The law of self-defense makes use of (1) rules, and (2) the reasonable-person standard. If he is going to testify, I need to know. 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. 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 did not claim to be intoxicated at the time of the shootings. 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