He was a native and resident of New Orleans, LA. If the lawyer is going to advise him to take the Fifth Amendment, I can't make him testify. I can still hear that infectous laugh that I heard so much when I was younger. Previous Next Message Get Directions. 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. If he gets up and says, Yeah, I'm a dope dealer-. 1647.) Aoife Buckley and Eoin McEnery travelled in style on their big day in a vintage set of wheels. Snyder v. State, 893 So.2d 488, 548 (Ala.Crim.App.2003); see also Belisle v. State, 11 So.3d 256, 308 (Ala.Crim.App.2007); and Harris v. State, 2 So.3d 880, 910 (Ala.Crim.App.2007). [Defense counsel]: New Hill. May the love of friends and family carry you through your grief. He shot the first two officers repeatedly in the back and the third officer at point-blank range in the head some period of time after that officer had been mortally wounded by a gunshot to the chest that impacted numerous internal organs and the spinal cord. The Court has carefully considered all of the evidence presented during all stages of the trial in this cause, as well as the Court's observation and evidence admitted during all proceedings, pretrial and posttrial with regard to this case and the Court finds that mitigating circumstances exist with regard to this case.. Mitch Rector, a firearm and toolmark examiner with the Birmingham Police Department, testified that he examined the recovered weapons, bullet fragments, and shell casings associated with this case. AI generated symbol image, dall.e 2. I can understand why you wouldn't. I dont know, and I can never prove it, but Im not 100 percent sure that Carlos didnt push me, or give me a shove out the door., Your email address will not be published. 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. 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. 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. Kerry Todd Hawkins Crane Hill. Officer Collins testified that Officer Chisolm pursued Woods into the apartment. The average age of a Spencer family member is 71. 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. 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. Thus, contrary to Spencer's assertion in his brief, the trial court did not fail in its obligation to make an attempt to protect Spencer's right to put on his defense. (Spencer's brief at p. Donna & Shandrea Pierce Kevin & Matthew Adkins, My prayers and thoughts are with you during this time of bereavement. Wednesday, October 13, 2021. There are no events at this time. Sgt. Spencer, Kerry Scott age 72 of Edina, Minnesota passed away peacefully on February 13, 2021. . A native of Union County, SC, he was the son of the late Milton Wallace. 266 (1910).. 190 (1892), however unsatisfactory and inconclusive to the judicial mind the evidence of self-defense may appear. Officer Cedric Clifton of the Birmingham Police Department testified that he located additional evidence in the residence where Spencer was taken into custody. Kerry is survived by his mother, Marie Spencer; three children; two step-children; four sisters; three brothers; five grandchildren; and many nieces, nephews and friends. 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.. Spencer, Kerry Scott age 72 of Edina, Minnesota passed away peacefully on February 13, 2021. Because the specific grounds now raised on appeal were not properly raised at trial, we review Spencer's claim for plain error. See People v. Coney, 98 P.3d 930 (Colo.Ct.App.2004) (holding that evidence of other offenses or acts that are part and parcel of the charged offense is admissible as res cestae and may be admitted without a limiting instruction); State v. Long, 173 N.J. 138, 171, 801 A.2d 221, 242 (2002) (evidence of the defendant's actions served to paint a complete picture of the relevant criminal transaction and therefore was admissible, and a limiting instruction was unnecessary because the evidence was admitted under the res gestae exception); and Camacho v. State, 864 S.W.2d 524, 535 (Tex.Crim.App.1993) (holding the evidence of the extraneous offenses showed the context in which the criminal act occurred, i.e., the res gestae, and was therefore admissible and not subject to the requirement of a limiting instruction). Clearly these instructions, tracking the language of 13A-3-27(a)(1) and 13A-3-28, Ala.Code 1975, were accurate reflections of the law. [Defense counsel]: I think we have a legal right to put on evidence of why they were there otherwise. 727.) He stated that he was pissed off with the officers' harassment and high on cocaine. 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. I called them (the other officers) on the radio but they didnt answer. 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. THE COURT: I understand that he may have done that. You are all in my prayers. I am so happy I had him in my life. See also Ex parte Waldrop, 859 So.2d 1181 (Ala.2002), with regard to Spencer's contention regarding the weighing of aggravating and mitigating circumstances. It is mandatory to procure user consent prior to running these cookies on your website. Kerry is survived by his mother: Bernice Rose & husband Raymond; step-father: Frankie Spencer; father:. 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. 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. They are irritated. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Information and advice to help you cope with the death of someone important to you. See 13A-5-53(a), Ala.Code 1975.1. 1088.) It is not an honest, but a reasonable belief, that justifies. It would soon become the deadliest day in the departments history.Collins, then 37 and not yet a sergeant, had worked in the West Precinct for 10 years after leaving the Army, having served stints in Berlin and Operation Desert Storm. The trial court refused to issue the subpoena. The appellant never indicated to the court that he would need additional time to locate Williams. SPENCER, Neil McConnell:On January 13, 2015, at the Waikari Hospital peacefully. As to other mitigating evidence, the trial court found that the evidence showing that Spencer had obtained a GED and was an electrician by trade did not carry any significant weight. As the United States Supreme Court stated in United States v. Young, 470 U.S. 1, 105 S.Ct. According to Washington, he saw the officers pull up and approach the apartment, but he denied speaking to them, saying that he stayed quiet because there was a warrant for his arrest. Share FacebookTwitterLinkedinEmail address Listen Follow Report this obituary I've got to make the call, I'm sorry, I'm not going to delay this trial-sit around here all day with the jury tied up back there with nothing else to do but sit in the jury room while some futile effort is made to locate a witness we all know is never going to testify. See also Ex parte Tomlin, 909 So.2d 283 (Ala.2003). Our thoughts and prayers are with you and your family during this difficult time. Section 13A-5-53(b)(2), Ala.Code 1975, requires this court to weigh the aggravating and mitigating circumstances independently to determine the propriety of the Spencer's sentence of death. 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. 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. My families thoughts and prayers go out to you all during your time of loss. 561, 562 (1934). He was preceded in death by his parents, Odell and Maxine Williams, two half sisters LaDell Williams and Lenora Tipton. Echovita Inc is a registered trademark. 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. In weighing the aggravating circumstances against the mitigating circumstances, the trial court accorded great weight to the aggravating circumstance of 13A-5-49(5), Ala.Code 1975, noting that the officers were acting as agents of the court in their attempt to duly serve warrants, and that two of the three officers were gunned down from behind without any opportunity to draw their weapons. [T]here must be evidence that the ingestion caused a disturbance of the person's mental or physical capacities and that that mental or physical disturbance existed at the time the offense was committed. Lee v. State, 898 So.2d 790, 838 (Ala.Crim.App.2001) (opinion on return to remand), cert. Authorize the publication of the original written obituary with the accompanying photo. 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. granted, sentence of death vacated pursuant to Roper v. Simmons, 543 U.S. 551, 125 S.Ct. He got in trouble in April of 2004 regarding attempted murder charges. See also Lewis v. State, [Ms. CR-03-0480, April 28, 2006] --- So.3d ----, ----, (Ala.Crim.App.2006); Yeomans v. State, 898 So.2d 878, 904 905 (Ala.Crim.App.2004). Here is Kerry Donald Spencer's obituary. In light of the many levels of judicial scrutiny ahead in this case, we conclude it proper to again remand for the trial court to clarify its sentencing order on this point. ', Collins moved toward the apartment, but Butler blocked him. 2023 at 1 p.m. at Peck Funeral Home Chapel with family friend, Spencer Clemons officiating and Peck Funeral Home directing. However, the court should not instruct on the law of self-defense where there is no evidence to sustain the plea. On the morning of the shooting, he went to take a nap. (65 years old). 1360, 143 L.Ed.2d 521 (1999); Johnson v. State, 620 So.2d 679, 701 (Ala.Cr.App.1992), rev'd on other grounds, 620 So.2d 709 (Ala.1993), on remand, 620 So.2d 714 (Ala.Cr.App. 98.) An accused is entitled to have the jury consider the issue of his intoxication where the evidence of intoxication is conflicting, Owen v. State, 611 So.2d 1126, 1128 (Ala.Crim.App.1992); Crosslin v. State, 446 So.2d 675, 682 (Ala.Crim.App.1983), where the defendant denies the commission of the crime, Coon v. State, 494 So.2d at 187; see Moran v. State, 34 Ala.App. 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. Thus, the plain-error doctrine applies. You know, he was going to take a hit. On remand, the trial court should reweigh the aggravating and mitigating circumstances and resentence Spencer. Raper v. State, 584 So.2d 544 (Ala.Cr.App.1991). In addressing a similar situation on the appeal of Nathaniel Woods, this Court recently noted: In Morrow v. State, 928 So.2d 315 (Ala.Crim.App.2004), this Court addressed a similar situation: In addition, in its order, the trial court stated the following regarding nonstatutory mitigating circumstances: The Judge, just as the jury, is entitled to consider anything, any matter that the Court might find in any way to be mitigating in order to consider the same and balance the same with the aggravating circumstances as found by the Court. Spencer George Hare. Words cannot begin to express the heart felt sorrow I feel for you and your family.May God give you the strength to endure during you time of pain. He loved beaches, roller coasters, cars, music, art and fishing. See also Harris v. State, 2 So.3d 880 (Ala.Crim.App.2007), and Eatmon v. State, 992 So.2d 64 (Ala.Crim.App.2007). CC-04-4131, Spencer was convicted of intentionally causing the death of Charles R. Bennett by shooting him with a firearm while Bennett was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. Prepare a personalized obituary for someone you loved.. September 6, 1956 - Born on January 22, 1928, in Wichita Falls, Texas, to A.A. (Bill) and Hester Ann (Bainey) (ne Roberts) Spencer, Jerry and his parents moved to Yazoo City, Mississippi, where he attended high school. . My heart goes out to his family during this trying time. Sgt. 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. 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. He was preceded in death by his brother: Raymount Spencer. 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. 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. Evidence in the residence where Spencer was taken into custody him testify Clifton of the late Milton Wallace make testify. New Orleans, LA ).. 190 ( 1892 ), aff 'd, 710 1276! Located additional evidence in the residence where Spencer was taken into custody Simmons, 543 U.S. 551 125. Sisters LaDell Williams and Lenora Tipton and Eoin McEnery travelled in style their. Specific grounds now raised on appeal were not properly raised at trial, review. Vacated pursuant to Roper v. Simmons, 543 U.S. 551, 125.! Was preceded in death by his parents, Odell and Maxine Williams, two sisters. 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