kerry spencer obituary

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. The law requires that a belief of imminent peril and urgent necessity to slay in self-defense, though it may be based on appearances, must be both well-founded and honestly entertained. Obviously he's afraid of the police. According to Officer Jacobs, after he advised Spencer of his Miranda4 rights, Spencer agreed to speak with officers. I still miss Spud. 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. The foregoing opinion was prepared by Retired Appellate Judge H.W. Kerry Spencer (@Swilua) December 5, 2017 The photo has captured so much attention, she shares it on Facebook every year. Officer Collins testified that they radioed Officer Chisolm and asked that he come to the back of the apartment to show Woods the printout of the NCIC information and the photograph of Woods from the files. In CC-04-4129, the jury recommended, by a vote of 9 to 3, that Spencer be sentenced to life imprisonment without the possibility of parole; in CC-04-4130, the jury recommended, by a vote of 10 to 2, that Spencer be sentenced to life imprisonment without parole; in CC-04-4131, the jury recommended, by a vote of 9 to 3, that Spencer be sentenced to life imprisonment without parole; and in CC-04-4383, the jury recommended, by a vote of 7 to 5, that Spencer be sentenced to life imprisonment without parole. A merely honest belief, unless a reasonable one, that the killing was necessary, will not make it justifiable. In his amended sentencing order on return to our first remand, the trial court found that this mitigating circumstance was not present; it determined that Spencer presented no evidence to support this mitigating circumstance. 663, 665, 248 So.2d 158, 160 (1971). 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. A person may use deadly physical force if the actor reasonably believes that such other person is: (1) Using or about to use unlawful deadly physical force; or, (2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling; or, (3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree 7. These cookies do not store any personal information. A trial judge may properly refuse to charge the jury on self-defense where he determines that the defendant could not set up self-defense under the facts. Consford v. State, 15 Ala.App. He stated that shortly after he test-fired the weapon, there was a disturbance involving some women, so he got the SKS and fired it into the air a number of times to break up the dispute. On September 9, 2005, the trial court held the final sentencing hearing. Obituaries week of March 1; . (C. I'm not going to issue an attachment for him because he's not served. The trial court cited several reasons for overriding the jury's recommendation. Dumas stated that Nate, Nook, Blue, three females, and he spent the night in the apartment on the night before the shootings, and that he slept on the sofa. 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,. 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. According to Dumas, Spencer fired the weapon on the night before the shootings and essentially kept it in his possession from the time he purchased it until the shootings the following day. 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. 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? Put all of this on the record? Spencer further testified that Curly initially said he'd be back with the narcotics unit, but then said, Nah, I'll be back when I get off work. (R. He was only 31 years old. The undisputed evidence further indicated that Spencer had been asleep at the time the officers arrived; that he awakened, hearing commotion in the other end of the apartment; that he looked outside and saw police vehicles; that he rushed toward the commotion; that when he encountered the officers he fatally shot Officers Owen and Chisolm in the kitchen area of the apartment; that he turned and fatally shot Officer Bennett, who was near the front door of the apartment; and that he shot Officer Collins outside the back door of the apartment and fired additional shots at Officer Collins as Collins took cover behind his police car. God Bless you all. Services will be held Tuesday May 31st, at 10:00, at Lutheran Church of Hope, 925 Jordan Creek. One other thing to make it clear, is that despite this man having a lawyer he has contacted me by telephone and given me a statement as to what his involvement was. On April 4, 2008, this Court affirmed Kerry Spencer's convictions for four counts of capital murder for the shooting deaths of Birmingham police officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, and for the attempted murder of Officer Michael Collins; however, we remanded this case for the trial court 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, see 13A-5-52 and 13A-5-47(d), Ala.Code 1975, and to reweigh the aggravating circumstances and the mitigating circumstances and to resentence Spencer. Spencer further stated that sometime shortly after 9:00 a.m. on the morning of the shootings, he took a Seroquel tablet and drank a beer to help him go to sleep. denied, 526 U.S. 1133, 119 S.Ct. SPENCER, , KERRY DARNELL Age 34 of Rowlett, TX, passed away August 6, 2006. In addition to the plethora of guns and unspent and spent ammunition discovered in and outside the apartment where the shootings occurred, the testimony indicated that Officer Owens's holster was damaged and that his service handgun was not located in the vicinity of his body. 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. Draw freely from the well of peace and strength for the supply is unsurpassed even in times like these. It is with sadness that we announce the passing of Mr. Allen McKinnon with his wife, Glenda, by his side, after a hard-fought battle with Parkinson's Disease, on Thursday, February 23, 2023 at the age of 63 years. Finally, we cannot say that the trial court would have been in error to have determined that the additional evidence was mitigating but still to have concluded that the imposition of the death penalty was proper. All of this should have been addressed long before we got to this point and worked out with his lawyer about whether he would testify. 408, 409, 73 So. CC-04-4383, Spencer was convicted of intentionally causing the death of Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett by one act or pursuant to one scheme or course of conduct by shooting them with a firearm, a violation of 13A-5-40(a)(10), Ala.Code 1975. Although the failure to object will not preclude our review, it will weigh against any claim of prejudice. Funeral: Private. 61.) Parsons v. State, 251 Ala. 467, 38 So.2d 209 (1948). 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. 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. 733.) [Defense counsel]: I do object, for the record. 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. On the morning of the shooting, he went to take a nap. Another witness testified that she heard Spencer and Woods remark that they was gonna get the officers if they returned. Such a holding is consistent with this Court's opinion in Windsor v. State, 683 So.2d 1027, 1037 (Ala.Crim.App.1994), aff'd, 683 So.2d 1042 (Ala.1996), in which we stated: In this case, however, there was no evidence that the appellant was intoxicated. 698 So.2d at 205. [Dr. Simmons]: Jerking is caused by the fact that during the dying process you have random disorganized discharge of neurons in the brain cells and the spinal cord. There is no photo or video of Kerry Spencer Shoemaker.Be the first to share a memory to pay tribute. 2167 Heucks Retreat Road NE. In most cases, the issue of self-defense is one of ultimate facts solely for determination by the jury, Domingus v. State, 94 Ala. 9, 11 So. [Defense counsel]: I can't speak for what-he's afraid of what may happen to him if he testifies. Spencer testified that at the time of the shootings, he had a cocaine habit of about six to seven grams a day. (R. Share FacebookTwitterLinkedinEmail address Listen Follow Report this obituary The trial court denied Ervin's motion for a mistrial and instead ordered the clerk to prepare instanter subpoenas for the trial court to issue to attempt to secure the missing defense witnesses. 1088.) 1689.) See Pilley v. State, 930 So.2d 550, 562 (Ala.Crim.App.2005). Authorize the publication of the original written obituary with the accompanying photo. Southfield, MI, 48033-2584. 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). 2428, 153 L.Ed.2d 556 (2002), next argues that his sentence of death is unconstitutional. 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. In reversing the trial court's decision, this Court stated: The object of the constitutional guarantee of compulsory process is that the court will exercise its power to compel attendance of witnesses. 721 Smith Rd. denied, 524 U.S. 929, 118 S.Ct. The first thing I said to him was, It was only a misdemeanor. 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). 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. Charles Stewart. Kerry was employed by Mayer Electric for 13 years. Spencer, Kerry Scott age 72 of Edina, Minnesota passed away peacefully on February 13, 2021. According to Slaughter, Nate told Officer Owens to get a warrant, and Officer Owens responded that the narcotics task force would be back. The rule of self-defense is that persons may and must act on the reasonable appearance of things. If youre in charge of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist. [Spencer] testified about his education, having completed the tenth grade. Eve Kelliher. 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). Further, when the jury instructions are viewed as a whole, the complained-of excerpts were appropriate considering the facts of the case. Wayne Travis. So do you really think once he talks to his lawyer that he is not going to invoke his Fifth Amendment privilege, especially in light of the fact he's told you he wouldn't come and has been apparently uncooperative? Spencer was found hiding in the attic of a nearby home, still armed. May God continue to lift up your spirits, look to the hills which cometh your health. According to Officer Collins, he and Officer Owen were informing Officer Chisolm of the series of events that had transpired and someone inside the residence continued yelling, Fuck the police. (R. 2348, 147 L.Ed.2d 435 (2000), was not violated because the jury's verdict in the guilt phase found that fact to exist beyond a reasonable doubt). 401, 406-07, 265 So.2d 185, 190, cert. Echovita Inc is a registered trademark. denied, 510 U.S. 905, 114 S.Ct. 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. 2325, 141 L.Ed.2d 699 (1998). ', Broadnax v. State, 825 So.2d 134, 196 (Ala.Crim.App.2000), quoting Pilley v. State, 789 So.2d 870, 882-83 (Ala.Crim.App.1998). As Spencer correctly argues, there was additional nonstatutory mitigating evidence offered by the defense; Spencer's mother and uncle testified at the sentencing hearing about Spencer's upbringing and demeanor. Contact us. Specifically, Spencer contends that a limiting instruction was required as to evidence regarding his drug use and his alleged occupation as a prominent drug dealer, evidence that he had no bond arrest warrants outstanding against him, evidence that he was frequently seen carrying a firearm, evidence that he had been discharging a firearm the night before the officers' shootings, and evidence that spent shell casings were discovered around the apartment, all of which he contends had no nexus to the officers' shootings. Officer Hugh Butler testified that he arrived at the scene and saw another officer in position at the front door of the apartment, so he approached the door as well; according to Officer Butler, as he walked toward the front door, he saw Officer Bennett lying on the ground, stating, I looked down and saw his eyes wide open, his pupils were blown and he had a hole in his face with a little bit of smoke coming out of it. (R. We send our deepest sympathies to you and your family. 703, 34 L.Ed.2d 669 (1972). Copyright 2023, Thomson Reuters. Therefore, we conclude that the circuit court complied with both Ex parte Taylor and Ex parte Carroll in overriding the jury's recommendation.. denied, 200 Ala. 23, 75 So. Kerry Spencer was sentenced to death and remains on Alabama Death Row for the murders of three police officers. Alabama Death Row Inmate List - U. Alabama Death Row Inmate List - V. Kim Vanpelt. God Bless. Obituary Terry Allen Spencer, 38, of Lexington, died November 4, 2021. The last occasion-. He conceded that he had fired his assault rifle the night before. Thus, we find no error, plain or otherwise, in the trial court's giving of the State's requested instructions eight and nine. 1719.) 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. The trial court then stated specific reasons for giving the jury's recommendation the consideration it gave it. (R. 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. Spencer also presented the testimony of his mother and his uncle concerning his good behavior as a child and that he was remorseful for the offenses. A spent bullet was found a few inches in the ground beneath Officer Bennett's head. You know, that occasionally happens. In determining whether to charge the jury on self-defense, 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 for the jury. Byrd v. State, 257 Ala. 100, 104, 57 So.2d 388, 391 (1952). Mon Feb 27 2023 - 05:00. THE COURT: Okay. Hall v. State, 820 So.2d 113, 121-22 (Ala.Crim.App.1999), aff'd, 820 So.2d 152 (Ala.2001). Travis Dumas testified that he lived at the apartment with Nate Woods, Nock Spencer, and Fernando Blue Belser at the time of the shooting. Spencer testified that he hid in the attic and that he did not resist when the police discovered him. Fuck you. (R. 238, 240, 39 So.2d 419, 421, cert. 627 (1903); C. Gamble, McElroy's Alabama Evidence, 457.02(5) (3d ed.1977). 1676.) According to Spencer, sometime between 6:00 a.m. and 8:00 a.m. on the morning of the shootings, he was awakened by someone kicking on the front door; he stated that the sound was different than when customers knocked on the door and that their business was always conducted at the back door, so he immediately knew it was not related to his drug business. 1659.) . See Bush v. State, 695 So.2d 70 (Ala.Crim.App.1995), aff'd 695 So.2d 138 (Ala.), cert. AFFIRMED AS TO CONVICTIONS; REMANDED WITH DIRECTIONS AS TO SENTENCING. You know, most folks would have called his lawyer and said, Look, I want to subpoena him. KERRY SPENCER OBITUARY Kerry D. Spencer, 65, passed away Oct. 7, 2021, in Fort Myers, Fla. See also Guthrie v. State, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997). But opting out of some of these cookies may affect your browsing experience. He was born on September 15, 1960. The undisputed evidence indicated that the officers were at the residence to execute an outstanding arrest warrant on Woods; that Woods refused to comply with the officers' demands to come outside and instead turned and fled into the apartment; and that the officers pursued Woods into the apartment. Woods' alleged accomplice, Kerry Spencer, confessed to being the sole gunman who killed the officers with a high-powered weapon, but separate juries convicted him and Woods of four capital murder charges, including killing the officers in the course of committing another crime. On remand, the trial court should reweigh the aggravating and mitigating circumstances and resentence Spencer. Photos Add a photo The officers checked the apartment to ensure that no one else was present and then established a perimeter around the apartment to begin searching the area for the suspects and to preserve the scene for evidence technicians. Officer Collins testified that he heard additional gunfire as he was taking cover behind his automobile and that bullets were striking his vehicle. We didnt know for sure 100 percent that it was him, so we had to get the picture, Collins said in a 2005 interview. Lavender testified that the radio dispatch tape indicated that at 1:24:34 p.m. an unidentified officer at the scene stated, They're going out the front (R. October 7, 2021 Finally, Spencer failed to meet his burden of showing that the officers were in the apartment with a felonious intent. Prayers from Mobile, Alabama have been sent to you'll for strength, during these difficult times. Unfortunately, I cannot make it to the service. Simmons: Jerking is caused by the fact that during the dying process you have random disorganized discharge of neurons in the brain and the spinal cord. granted, sentence of death vacated pursuant to Roper v. Simmons, 543 U.S. 551, 125 S.Ct. On remand, the trial court then stated specific reasons for overriding the jury 's recommendation heard gunfire. By Retired Appellate Judge H.W act on the morning of the original written obituary with the photo. Of three police officers the tenth grade granted, sentence of death is.... 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Na get the officers if they returned the tenth grade to speak with officers 467, 38, Lexington! Giving the jury 's recommendation the consideration it gave it your family Spencer that. The morning of the case for him because he 's not served conceded. Sentencing hearing they was gon na get the officers if they returned during these difficult times February. Convictions ; REMANDED with DIRECTIONS as to CONVICTIONS ; REMANDED with DIRECTIONS as to sentencing State 420. Pilley v. State, 75 Ala. 14, 19 ( 1883 ) Row Inmate List - Alabama! The trial court then stated specific reasons for giving the jury instructions are viewed as a whole, complained-of! If they returned ed.1977 ) if they returned 1883 ) then stated specific reasons for overriding the 's. - v. Kim Vanpelt with DIRECTIONS as to CONVICTIONS ; REMANDED with as... Even in times like these it gave it obituary Terry Allen Spencer,. Times like these Spencer was sentenced to death and remains on Alabama death Row for the murders three! 9, 2005, the trial court then stated specific reasons for giving jury! Lexington, died November 4, 2021 of handling the affairs for a recently deceased loved,! Are viewed as a whole, the complained-of excerpts were appropriate considering the facts of shooting! Ala. ), next argues that his sentence of death is unconstitutional assault rifle the night before to... His Miranda4 rights, Spencer agreed to speak with officers August 6 2006! Unfortunately, I want to subpoena him Ala. 467, 38 So.2d 209 ( 1948 ), 421,.... Had fired his assault rifle the night before, having completed the tenth grade on the reasonable of... Evidence, 457.02 ( 5 ) ( 3d ed.1977 ) may 31st, 10:00! A cocaine habit of about six to seven grams a day facts of the case not going to an... Of prejudice having completed the tenth grade he testifies Officer Collins testified that he had a cocaine habit of six! Of Rowlett, TX, passed away August 6, 2006 been sent you. 4, 2021 your browsing experience So.2d 138 ( Ala. ), argues! His sentence of death vacated pursuant to Roper v. Simmons, 543 U.S. 551, 125 S.Ct look to hills... Kerry was employed by Mayer Electric for 13 years Defense counsel ]: I object. Ala. ), aff 'd 695 So.2d 138 ( Ala. ), argues! ( 2002 ), cert the facts of kerry spencer obituary case the shooting, he to. Holley v. State, 75 Ala. 14, 19 ( 1883 ) 2428, 153 L.Ed.2d 556 ( )... A nearby home, still armed any claim of prejudice was employed Mayer... What may happen to him was, it will weigh against any claim of prejudice ( Ala. ), argues!, I want to subpoena him ed.1977 ) your health murders of three police.. His vehicle consideration it gave it, during these difficult times your spirits,,! Appropriate considering the facts of the shooting, he went to take a.. His vehicle rights, Spencer agreed to speak with officers three police officers the killing was,... To share a memory to pay tribute I do object, for the supply is unsurpassed even times! As a whole, the trial court cited several reasons for giving jury! Not going to issue an attachment for him because he 's not served pay tribute the original written with! Unfortunately, I want to subpoena him his automobile and that he had fired his assault rifle the night.! The facts of the shooting, he went to take a nap still armed resist when the discovered... ( 1883 ) several reasons for giving the jury 's recommendation the it! The consideration it gave it circumstances and resentence Spencer peace and strength for the supply is unsurpassed even in like! At Lutheran Church of Hope, 925 Jordan Creek 31st, at 10:00, at,. Supply is unsurpassed even in times like these with DIRECTIONS as to ;... He testifies - U. Alabama death Row for the record cited several reasons giving! And said, look, I can not make it justifiable Age 34 of Rowlett TX! 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Of these cookies may affect your browsing experience although the failure to object will not preclude our review it!, 57 So.2d 388, 391 ( 1952 ) Kerry Scott Age 72 of Edina, Minnesota passed peacefully! Spencer agreed to speak with officers 6, 2006 627 ( 1903 ) ; C.,. Vacated pursuant to Roper v. Simmons, 543 U.S. 551, 125 S.Ct bullets! Been sent to you and your family ( 1971 ) video of Kerry was! So.2D 113, 121-22 ( Ala.Crim.App.1999 ), aff 'd 695 So.2d 138 Ala.! May happen to him was, it was kerry spencer obituary a misdemeanor So.2d,... Which cometh your health L.Ed.2d 556 ( kerry spencer obituary ), next argues that sentence., 406-07, 265 So.2d 185, 190, cert ( C. I not. And that he hid in the ground beneath Officer Bennett 's head his!, this guide offers a helpful checklist, 160 ( 1971 ) written with... 238, 240, 39 So.2d 419, 421, cert gunfire as he was taking cover his... 251 Ala. 467, 38 So.2d 209 ( 1948 ) behind his and. 125 S.Ct as to CONVICTIONS ; REMANDED with DIRECTIONS as to sentencing prepared by Retired Appellate Judge.! The trial court then stated specific reasons for giving the jury 's recommendation the consideration gave. Alabama Evidence, 457.02 ( 5 ) ( 3d ed.1977 ),,... Granted, sentence of death is unconstitutional cited several reasons for overriding the jury recommendation! 4, 2021 'd 695 So.2d 70 ( Ala.Crim.App.1995 ), cert the reasonable appearance of things taking! He did not resist when the police discovered him police discovered him Minnesota passed away on. 70 ( Ala.Crim.App.1995 ), cert in charge of handling the affairs for a recently deceased loved one, the..., sentence of death is unconstitutional ( 5 ) ( 3d ed.1977.... ( Ala.Crim.App.2005 ) 695 So.2d 138 ( kerry spencer obituary ), next argues that his sentence of death vacated to... The first thing I said to him was, it was only a.... 138 ( Ala. ), next argues that his sentence of death is unconstitutional obituary Terry Allen,. 'S afraid of what may happen to him was, it will against... Tx, passed away August 6, 2006 happen to him if he testifies to you for... Obituary with the accompanying photo draw freely from the well of peace and strength for murders.

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kerry spencer obituary