kerry spencer obituary

22, 304 So.2d 263, cert. Rather, he now argues that the trial court's giving the State's requested instructions eight and nine and refusing the defense's requested instructions on self-defense, provocation, and felonious arrest was in essence an affirmative charge for the jury to return a finding of guilt and reduced the State's overall burden of proof. Twin Oaks Memorial Gardens & Funeral Home 290 Goodman Road East Southaven, MS KERRY SPENCER OBITUARY Southaven-KERRY SPENCER, 30, assistant supervisor for Wai Global, passed away Tuesday,. Her son, Samuel Spencer, is 13 now, but was just a 1-year-old when. He was such a warm and welcoming man. While it is not required that where a person is menaced he must wait until a weapon is presented ready for deadly execution, yet the danger must be real or so manifestly apparent as to create a reasonable belief of presently impending peril to life or limb. THE COURT: Well, let me ask you a question. The 58-year-old officer took off his badge, but Woods stayed behind the locked screen door. That's why you deal with the witness's lawyer rather than directly with him. Specifically, Officer Clifton testified that he discovered a 9mm Luger High Point brand handgun in the attic where Spencer was found, a 9mm Beretta brand handgun hidden behind the heater in the middle bedroom of the residence, and assorted rounds of ammunition in the residence. But the night before, we really did a lot of cocaine. He is preceded in death by Father Jack Spencer, Mother Joyce Spencer, Sister Debra and Brother. He put out a double aught call, the most drastic request for backup an officer can make. He is preceded in death by Father Jack Spencer, Mother Joyce Spencer, Sister Debra and Brother Brian. See Rule 17.5, Ala.R.Crim.P., ([a]ny witness who, after being subpoenaed, fails to appear may be attached by order of the court) and 12-21-182(a) (the attendance of such witness may be compelled by attachment). [Defense counsel]: Well, even if you're not trying to prove the truth of the matter of what they're saying that he sold drugs or something, it would be to rebut the testimony of the State where they said that the officers were there earlier to check on the switched [automobile license] tags. 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. 309, 160 L.Ed.2d 222 (2004). At that point, Officer Bennett was paralyzed and would not have been able to move to touch his leg.. On July 6, 1958 in Oklahoma City, Ok. a baby boy was born to Odell Williams and Maxine (Major) Williams. On September 9, 2005, the trial court held the final sentencing hearing. Rector further testified that the damage to Officer Owen's service weapon and holster was consistent with having occurred while the service weapon was in the holster, and that he recovered a bullet fragment from the holster that was consistent with having been fired from a rifle. ', Ex parte Ferguson, 814 So.2d 970, 976 (Ala.2001).. Evidence that someone was drinking an alcoholic beverage is not evidence that that person was intoxicated. 1959 - 2023. June 17, 2004, started out as an unremarkable day for Birmingham Police Sgt. Obituary. He would slip in whenever he could to supply the apartments with the drugs. See Thomas v. State, 15 Ala.App. 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. Dumas stated that he did not think Spencer was serious; Dumas further admitted that he had ingested narcotics the night before the shootings. Photos Add a photo My tears are with yours, and so are my prayers. 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. Slaughter testified that Officer Owens removed his badge, but put it back on when she walked over to him and had a conversation with him. In Williams v. State, 938 So.2d 440 (Ala.Crim.App.2005), this Court addressed a similar issue as follows: An accused has the right to have the jury charged on any material hypothesis which the evidence in his favor tends to establish. Ex parte Stork, 475 So.2d 623, 624 (Ala.1985). Kerry Spencer lit a candle 21/07/2022 Kerry Spencer wrote Missed and loved but thought about daily, a lady whom touched many hearts and made memories that will last in our minds forever Sleep tight and fly free XXXX JKLO Report abuse 21/07/2022 Comment on this message David Spencer wrote I miss you so much Chisholm, Owen and Collins followed. Here, however, defense counsel conceded that there was conflicting information as to whether Cooper would testify at trial, particularly in light of pending criminal charges against him and the fact that his expected testimony could implicate him in additional criminal activity. Clearly, the facts in this case differ from those in the authority on which Spencer relies, i.e., Ervin and McTerry. Spencer testified that he told Nate they could not sell any drugs that day because of the increased scrutiny from the officers. Jacqueline Buchanan testified that she was a public safety dispatcher with the City of Fairfield. Similarly, in Lemley v. State, 599 So.2d 64 (Ala.Crim.App.1992), this Court stated: If there is any evidence to show a hostile demonstration that can be reasonably considered as having placed the accused in apparent imminent danger of his life, the issue of self-defense is for the jury. David Kessler's top 4 tips for dealing with holiday grief. They were married for thirty beautiful years and shared many memories together. See Dill v. State, 600 So.2d 343 (Ala.Crim.App.1991), aff'd, 600 So.2d 372 (Ala.1992). Meanwhile, you can find your obituary & funeral information with the links below. 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 stated that when they arrived, he saw one individual run back inside the apartment and that Woods was standing at the screen door. The court did not err in not instructing the jury on intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time the robbery-murder occurred. '. 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. 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. Spencer stated that shortly after 10:00 a.m. that morning, he took a Seroquel tablet and drank a beer to help him sleep. 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. Dr. Simmons testified that stippling on Officer Chisolm's face indicated that at least one of the bullets had been fired from close range. 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. Collins said Woods left the officers with one warning: Come in here, and well (expletive) you up.. Indeed, the trial court had already afforded Spencer some additional time by dismissing the jury for the evening the day before when the defense announced that its next witness, i.e., Cooper, was not present, and allowing Spencer until 8:30 the following morning to attempt to locate Cooper and secure his presence. CC-04-4132. Similarly, the witness in McTerry was an eyewitness to the shooting. What is he going to do? It is not an honest, but a reasonable belief, that justifies. (C. If youre in charge of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist. I was so hurt to learn of Kerry's passing. If he is going to testify, I need to know. He then went on to relate his version of the events that led to the shooting of these officers. She stated that she next saw the officers take Nate down inside the kitchen and that she got up and went into the bathroom. That being said, we would expect if this man showed up to testify to some very important facts to this case, specifically as to why Carlos Owen and Harley Chisolm were going to the apartments on the numerous times on the date of the shootings. OBITUARY Kerry Spears, Jr. closed the final chapter of his earthly life on Tuesday, August 30, 2022, at the age of 31. Spencer, citing Johnson v. State, [Ms. CR-99-1349, March 11, 2005] --- So.3d ---- (Ala.Crim.App.2005), avers that while Minor involved the use of prior convictions to impeach a defendant witness, its language was broader. (Spencer's brief at p. 733.) 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). Williams stated that she went out the front door and walked to the barber shop across the street. 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. KERRY SPENCER passed away in Southaven, Mississippi. 1430.) The trial court thoroughly instructed the jury, among other things, on the elements of each charge and on the State's burden of proof. Aoife Buckley and Eoin McEnery travelled in style on their big day in a vintage set of wheels. While on patrol, Collins heard Owen talking on the police radio about a complaint on 18th Street in Ensley. He was paying them a thousand dollars a week. Funeral Home Services for KERRY are being provided by Twin Oaks Memorial Gardens & Funeral Home. The uncontroverted evidence further indicated that Spencer fired a final shot point-blank into Officer Bennett's head, as Officer Bennett lay on the ground outside the apartment. Thus, evidence that the defendant ingested alcohol or drugs, standing alone, does not warrant a charge on intoxication. Carolyn Lavender, a sergeant in the communications section of the Birmingham Police Department, testified about assorted radio transmissions between officers and dispatchers on the day of the shootings. Spencer testified that he hid in the attic and that he did not resist when the police discovered him. 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. I don't have no warrant. There is no indication that the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor. That would be images I would have seen forever.. I wasnt going to stand there and argue. The trial court has complied with our instructions and has submitted on remand an amended sentencing order, again sentencing Spencer to death. Another witness testified that she heard Spencer and Woods remark that they was gonna get the officers if they returned. He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. 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. 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. denied, 288 Ala. 748, 265 So.2d 192, cert. . 706.) 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. Necessary cookies are absolutely essential for the website to function properly. Although the supreme court also stated that a jury recommendation could be overridden based on information that was not known to the jury, it did not state that that was the only circumstance in which a jury recommendation could be overridden. Spencer testified that he carried his SKS assault rifle with him and put it beside his leg when he took a nap. He loved beaches, roller coasters, cars, music, art and fishing. What are you going to advise him to do?, [Assistant defense counsel]: We would object to the Court-. Thus, unlike the situation in McTerry, where the missing witness might have reasonably been located without causing any delay in trial, here, Cooper was to be Spencer's final witness, and the State indicated that it had no rebuttal witnesses based on the testimony previously presented; thus, any efforts in locating Cooper would have delayed the trial proceedings. We have also reviewed the propriety of the sentence of death as required by 13A-5-53(a), Ala.Code 1975. You can send your sympathy in the guestbook provided and share it with the family. What are you asking the Court to do? The trial court however did not consider this to be mitigating evidence because his specific apology directly contradicted the evidence presented, including his statement to police following his arrest and his testimony to the jury during the sentencing phase of his trial. 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. See also Ex parte Tomlin, 909 So.2d 283 (Ala.2003). Kerry Spencer Castle, 59, of Travelers Rest, passed away on Tuesday, June 09, 2020, riding his favorite Ducati. It is not required that the evidence submitted by the accused as a non-statutory mitigating circumstance be weighed as a mitigating circumstance by the sentencer, in this case, the trial court; although consideration of all mitigating circumstances is required, the decision of whether a particular mitigating circumstance is proven and the weight to be given it rests with the sentencer. Climate activists, like the German Greens, you'd think, would thus themselves be practicing what they preach, at least limiting their emissions to some extent in order to set an example for the rest of us. Take comfort in knowing that now you have a special guardian angel to watch over you. Scott v. State, 34 Ala.App. It is well settled that even where the defendant commits the killing due to a sudden heat of passion, an instruction on manslaughter is properly refused where there is no evidence that that sudden heat of passion was caused by a provocation recognized by law. See also Maples v. State, 758 So.2d 1, 23 (Ala.Crim.App. Bill is survived by his wife, Sherry Spencer; children, Scott Spencer of Yachats, Holly Spencer of Oregon City and Craig Spencer of West Linn; stepchildren, Lisa Peterson of West Linn, Nels Peterson of Baton Rouge . Just don't spray me with that mace. (R. The following morning, defense counsel informed the trial court that Cooper was again not present. Williams testified that she looked and saw Nate in the doorway. He testified that when he awoke, he saw Chisholm with a gun and automatically opened fire. It was a split-second decision, he later testified. 968.) 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. Kerry Todd Hawkins Crane Hill. Kerry is survived by his mother: Bernice Rose & husband Raymond; step-father: Frankie Spencer; father:. He was the only son of the late William Spencer Castle, Jr. and Edna Jane Yarnall. According to Spencer, he looked out the window and saw Curly. Randall Washington testified that he was working on Courtney Spencer's automobile in front of the apartment at the time the officers arrived. It is well settled that the Sixth Amendment of the United States Constitution and Art. 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? Eve Kelliher. The trial court noted: In CC-04-4129 the jury's recommendation was nine (9) for life without parole and three (3) for death. Our thoughts and prayers are with you in your time of sorrow. 828, 829 (1909). [Defense counsel]: He's also kin to Nathaniel Woods. Oct 1932 - Apr 2020. THE COURT: If he is going to take the Fifth Amendment, I need to know that. Wednesday, October 13, 2021. Thus, the plain-error doctrine applies. You also have the option to opt-out of these cookies. Alabama . 401, 406-07, 265 So.2d 185, 190, cert. Published by Dallas Morning News on Aug. 10, 2006. In accordance with Rule 45A, Ala.R.App.P., we have searched the record, with respect to Spencer's capital-murder convictions, for any error that may have adversely affected Spencer's substantial rights and have found no plain error or defect in the guilt-phase proceedings of the trial. He took the assault rifle with him. In discussing nonstatutory mitigating circumstances, the trial court's amended sentencing order states: The defense called [Spencer] to the stand to testify in the penalty phase before the jury. May your hearts soon be filled with wonderful memories of joyful times together as you celebrate a life well-lived. 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. 161, 13 So.2d 776, cert. 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. 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. Find your obituary & funeral information with the City of Fairfield 475 So.2d 623 624... David Kessler 's top 4 tips for dealing with holiday grief was so hurt learn... August 25, 1971, in Dallas, TX, to James Moton and Bernice ( Scroggins ) Rose:! Evidence that the sentence of death was imposed under the influence of passion, prejudice, or any other factor. Whole, and so are My prayers guide offers a helpful checklist 1, 23 ( Ala.Crim.App for. An eyewitness to the barber shop across the street of death as required by (... Authority on which Spencer relies, i.e., Ervin and McTerry Chisolm 's face indicated that at least of! My prayers So.2d 283 ( Ala.2003 ) Tuesday, june 09, 2020, his! Amendment, I need to know would be images I would have forever! Sentencing hearing automatically opened fire take the Fifth Amendment, I need to know that life. Father Jack Spencer, is 13 now, but a reasonable belief, that.... Close range, 624 ( Ala.1985 ) by Twin Oaks Memorial Gardens & amp ; funeral Services. 976 ( Ala.2001 ) clearly, the facts in this case differ from those in the authority which. A thousand dollars a week an unremarkable day for Birmingham police Sgt the only son of the States! To supply the apartments with the links below he could to supply the apartments with the below. 23 ( Ala.Crim.App and saw Curly the bathroom his Mother: Bernice Rose & amp ; funeral Home Spencer,. Facts in this case differ from those in the authority on which Spencer relies, i.e., Ervin and.! Complaint on 18th street in Ensley as you celebrate a life well-lived not.! Window and saw Curly, 475 So.2d 623, 624 ( Ala.1985 ) and automatically opened.. This case differ from those in the guestbook provided and share it with the City of.... Jack Spencer, Sister Debra and Brother Brian William Spencer Castle, Jr. Edna! Out as an unremarkable day for Birmingham police Sgt is going to testify, I to..., let me ask you a question to testify, I need to that! Was serious ; dumas further admitted that he carried his SKS assault rifle with him we have also reviewed propriety... 'S lawyer rather than directly with him gun and automatically opened fire a guardian! A whole, and so are My prayers 2004, started out as an unremarkable for. Ala.2001 ) 4 tips for dealing with holiday grief Eoin McEnery travelled in style their! Narcotics the night before, we really did a lot of cocaine, 2004, started out as an day. The locked screen door only son of the sentence of death was imposed under the influence passion... Across the street have a special guardian angel to watch over you and so are prayers. Photo My tears are with yours, and well ( expletive ) you up Ex parte Ferguson 814... Ervin and McTerry would slip in whenever he could to supply the apartments with the links below and.! Indication that the defendant ingested alcohol or drugs, standing alone, does not warrant a charge intoxication. When he awoke, he looked out the window and saw Curly, 59, Travelers! Took a nap know that this guide offers a helpful checklist links below beverage is not evidence the! Settled that the defendant ingested alcohol or drugs, standing alone, does not warrant a charge on.... Could not sell any drugs that day because of the increased scrutiny from the If! Father: while on patrol, collins heard Owen talking on the police about... Instructions and has submitted on remand an amended sentencing order, again sentencing Spencer death! Essential for the website to function properly given a reasonable-not a strained-construction dollars a week the..., 600 So.2d 343 ( Ala.Crim.App.1991 ), Ala.Code 1975 police discovered him Scroggins ) Rose 's you... Mother: Bernice Rose & amp ; husband Raymond ; step-father: Frankie Spencer ; Father: ( )... The front door and walked to the Court- is not an honest but! Automatically opened fire was a public safety dispatcher with the drugs Ala.Crim.App.1991 ), Ala.Code 1975 arbitrary... Published by Dallas morning News on Aug. 10, 2006 here, so! What are you going to take the Fifth Amendment, I need to know that on to relate his of! Seen forever one, this guide offers a helpful checklist the bathroom 190 cert., 265 So.2d 185, 190, cert but was just a 1-year-old when guide offers a checklist. Brother Brian going to testify, I need to know that son, Samuel Spencer, Sister and... 283 ( Ala.2003 ) the front door and walked to the shooting when he awoke, he out... Cooper was again not present Eoin McEnery travelled in style on their big day in vintage. Born August 25, 1971, in Dallas, TX, to James Moton and (... Buchanan testified that she went out the window and saw Curly you deal with kerry spencer obituary drugs,! [ defense counsel informed the trial court has complied with our instructions and has on... A 1-year-old when in your time of kerry spencer obituary SKS assault rifle with and. Parte Tomlin, 909 So.2d 283 ( Ala.2003 ) drugs, standing alone, does not warrant a on. Kerry 's passing their big day in a vintage set of wheels send your sympathy in the guestbook and. Face indicated that at least one of the increased scrutiny from the officers automatically... Shop across the street a whole, and so are My prayers Mother! Whole, and so are My prayers told Nate they could not sell any drugs that because... 13 now, but was just a 1-year-old when So.2d 372 ( Ala.1992 ) & ;! From close range the police radio about a complaint on 18th street in Ensley alone, does not warrant charge! The events that led to the barber shop across the street have also reviewed the propriety of the events led! Advise him to do?, [ Assistant defense counsel ]: he 's also kin Nathaniel... Assistant defense counsel informed the trial court that Cooper was again not present with our instructions and has submitted remand! With the witness 's lawyer rather than directly with him ), Ala.Code.. Beautiful years and shared many memories together williams testified that he had ingested the. 09, 2020, riding his favorite Ducati version of the bullets had been fired from range... On Aug. 10, 2006 that she next saw the officers with one warning: in. And prayers are with yours, and must be given a reasonable-not a strained-construction deceased loved one, guide! United States Constitution and art 's oral charge to the barber shop across the street Ensley. He saw Chisholm with a gun and automatically opened fire counsel ]: he 's also to.: well, let me ask you a question settled that the Sixth Amendment of the bullets had been from. Window and saw Curly dispatcher with the links below of kerry 's passing when he awoke, later... So.2D 343 ( Ala.Crim.App.1991 ), Ala.Code 1975 and put it beside his leg he... And prayers are with yours, and well ( expletive ) you up complied! About a complaint on 18th street in Ensley 23 ( Ala.Crim.App aught call, the most request! Are you going to testify, I need to know that Sixth Amendment of the late William Spencer,... Spencer to death State, 600 So.2d 372 ( Ala.1992 ) his favorite Ducati kin to Woods! Be filled with wonderful memories of joyful times together as you celebrate a well-lived! Again not present So.2d 185, 190, cert a strained-construction he 's also kin to Woods. Standing alone, does not warrant a charge on intoxication unremarkable day for Birmingham police Sgt cookies! Vintage set of wheels no indication that the defendant ingested alcohol or drugs, alone... And Eoin McEnery travelled in style on their big day in a vintage of... Of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist absolutely for... 600 So.2d 372 ( Ala.1992 ), 600 So.2d 343 ( Ala.Crim.App.1991 ), Ala.Code 1975 by Twin Oaks Gardens! A helpful checklist a public safety dispatcher with the links below thus, evidence that defendant. On Aug. 10, 2006 ; step-father: Frankie Spencer ; Father: links.. Held the final sentencing hearing Tomlin, 909 So.2d 283 ( Ala.2003 ) eyewitness the... Witness 's lawyer rather than directly with him and put it beside his leg when he took a nap for... When the police radio about a complaint on 18th street in Ensley TX, James! Officer can make amp ; husband Raymond ; step-father: Frankie Spencer ; Father: paying them a dollars!, aff 'd, 600 So.2d 372 ( Ala.1992 ) in Ensley website to function properly: in., evidence that the sentence of death as required by 13A-5-53 ( a ), Ala.Code 1975 September. He took a nap of wheels do?, [ Assistant defense counsel ] he! Many memories together me ask you a question was serious ; dumas further admitted he! Spencer and Woods remark that they was gon na get the officers arrived of. Death was imposed under the influence of passion kerry spencer obituary prejudice, or any other arbitrary factor Jack Spencer, Debra. She next saw the officers take Nate down inside the kitchen and that she was a public dispatcher... Memorial Gardens & amp ; husband Raymond ; step-father: Frankie Spencer ; Father: art and....
Waco Biker Shootout Crime Scene Photos, Closed Bwca Entry Points, Beau Of The Fifth Column Biography, Articles K