[Spencer] also testified before the Court in the sentencing phase before the Court. Officers Owen and Collins approached the screen door where Woods was standing, and Officer Owen told Woods that they had an outstanding warrant for his arrest from the Fairfield Police Department, and that Woods began cursing them, saying, Fuck you. McTerry requested a subpoena after the victim testified, contending that it had not previously subpoenaed Williams because Williams was already under subpoena by the State, and it did not anticipate any conflict between Williams's expected testimony and the victim's expected testimony. 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). Here, Spencer presented evidence indicating that he had ingested narcotics and alcohol the night before the shootings and the morning of the shootings. I don't know what else to tell you. The Court further cautioned, however, that the citizen was not authorized to kill an officer in resisting the illegal arrest, except in self-defense where the force used against the citizen was felonious rather then merely forcible. They were married for thirty beautiful years and shared many memories together. 41-42.) Generally, where there is evidence of intoxication and the charged offense involves specific intent, such as capital murder, the trial court should instruct the jury on the lesser-included offense of manslaughter. It is mandatory to procure user consent prior to running these cookies on your website. 17.) Both Nathaniel Woods and Kerry Spencer were arrested, convicted and sentenced to death. . 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. My thoughts and prayers are with you in this time of deep sorrow. View obituary. Here is Kerry Donald Spencer's obituary. According to Williams, Spencer had a big gun that he had been carrying that day and the gun was near him while he slept. 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 did not claim to be intoxicated at the time of the shootings. 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 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). It is a basic tenet of Alabama law that a party is entitled to have his theory of the case, made by the pleadings and issues, presented to the jury by proper instruction, and the [trial] court's failure to give those instructions is reversible error. ' Ex parte McGriff, 908 So.2d 1024, 1035 (Ala.2004), quoting Winner Int'l Corp. v. Common Sense, Inc., 863 So.2d 1088, 1091 (Ala.2003), quoting in turn other cases. 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. 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. 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 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? 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. 884 (1940); Moore v. State, 54 Ala.App. Authorize the publication of the original written obituary with the accompanying photo. 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. You are all in my prayers. Rule 45A, Ala.R.App.P., states: In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant.. Chisholm, Owen and Collins followed. Spencer testified that he waited until Officer Collins reached his car and then fired a couple of rounds into his windshield before turning and fleeing through the front door of the apartment. 709.) Dr. Simmons testified that Officer Bennett exhibited signs of soot and stippling to his skin, which indicated that one of the bullets was fired at close range to his face. Tawuan Townes. 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. Terry Spencer Obituary, Death - Visitation & Funeral Plans - Death-Obituary.com Terry Spencer Obituary, Death - Terry Spencer, a teacher at Sto-Rox Upper Elementary School has passed away, the full obituary is currently unavailable. The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance. 733.) However, [t]he reasonableness of an apprehension of death or great bodily injury is a question of fact for the jury. F. Wharton, The Law of Homicide, 287 at 462 (3d ed.1907). Woods was shouting expletives about the police from inside one of the four small, dingy apartments. P. As required pursuant to that rule, we have searched the entire proceedings and found no plain error or defect that has or probably has adversely affected any of Spencer's substantial rights. David Kessler's top 4 tips for dealing with holiday grief. However, in our first opinion remanding this case, this Court had noted that there was evidence at trial that Spencer had ingested cocaine, Seraquel, and alcohol on the morning of the shootings, and that the State had requested a jury instruction as to the level of intoxication required to negate specific intent to kill. Kerry Spencer is a true professional. Officer Collins stated that the individual told Officer Owen, [Y]ou hide behind that badge and gun. The trial court did consider the jury's recommendation of life imprisonment without parole as a mitigating circumstance, assigning this factor moderate weight because the vote was not consistent among the capital murder cases against Spencer. Mitchell v. Moore, 406 So.2d 347 (Ala.1981); Malone v. State, 659 So.2d 1006 (Ala.Cr.App.1995); McClellan v. State, 628 So.2d 1026 (Ala.Cr.App.1993); Prince v. State, 623 So.2d 355 (Ala.Cr.App.1992).. You say he is crucial. [T]he weight to attach to [a] known mitigating circumstance is within the discretion of the trial court. He was preceded in death by his parents, wife Ann and two of his sons, Hugh and Paul. Burns v. State, 229 Ala. 68, 70, 155 So. 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. Spencer next contends that the trial court erred in refusing to instruct the jury on heat-of-passion manslaughter as a lesser-included offense. Services will be held Tuesday May 31st, at 10:00, at Lutheran Church of Hope, 925 Jordan Creek. More recently, in Scott v. State, 937 So.2d 1065 (Ala.Crim.App.2005), this Court remanded the case for clarification of the sentencing order, noting in part: In a listing of mitigating circumstances the court found not to exist, the court included, Any other mitigating circumstance offered pursuant to 13A-5-52, Code of Alabama 1975. (C. He graduated from. 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. The following morning, defense counsel informed the trial court that Cooper was again not present. A native of Union County, SC, he was the son of the late Milton Wallace. However, as a young boy I can remember Kerry with fondness. Obituary of Warren Reginald Spencer. If youre in charge of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist. She further testified that two seconds later, at 1:24:36 p.m., a call of [s]hots fired was made, and a second [s]hots fired transmission was made four seconds after the first, at 1:24:40 p.m.; and that at 1:25:20 p.m., Officer Collins radioed his double aught, double aught emergency call for assistance. His search showed Woods was wanted on a misdemeanor charge out of Fairfield, accused of beating up his girlfriend. THE COURT: I understand that he may have done that. 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. (R. May God bless your family and you have our sympathy at this time of sorrow. 266 (1910).. Another witness testified that she heard Spencer and Woods remark that they was gonna get the officers if they returned. ', Ex parte Ferguson, 814 So.2d 970, 976 (Ala.2001).. My deepest sympathy goes out to you and your family. 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. 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. May God bless you and your family in this time of sorrow. Blanton identified Spencer in court as the suspect taken into custody. Kerry Farmer SUMMERVILLE - Kerry Farmer, 77, of Summerville, husband of Judy Farmer, passed away on Friday, January 20, 2023. Ex parte McWhorter, 781 So.2d 330, 342 (Ala.2000). He put out a double aught call, the most drastic request for backup an officer can make. According to Spencer, he went to the back door and saw a gun next to an officer on the ground so he picked the weapon up and put it in his pocket, because he did not know if the officer was dead and he did not want the officer to shoot him in the back. Prayers from Mobile, Alabama have been sent to you'll for strength, during these difficult times. I'll fuck you up. In case no. Education Syracuse University. 1959 - 2023. Although the failure to object will not preclude our review, it will weigh against any claim of prejudice. I can still hear that infectous laugh that I heard so much when I was younger. Spencer was the shooter but he had not acted alone, police alleged. My deepest sympathy to the family. The best poems for funerals, memorial services., and cards. 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). Parsons v. State, 251 Ala. 467, 38 So.2d 209 (1948). The trial court has clarified its findings in this regard, stating: In addition, Dr. Simmons testified at trial that Officer Bennett, who was found dead at the front door of the apartment, was shot multiple times. Learn more about FindLaws newsletters, including our terms of use and privacy policy. He said he was stunned and that he radioed a shots fired call and considered his options. 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. See, e.g., Stallworth v. State, 868 So.2d 1128 (Ala.Crim.App.2001) (opinion on return to remand) (if the aggravating circumstance that elevated the punishment to death was also an element of the capital offense, Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. Dr. Gary Simmons, a forensic pathologist with the Jefferson County coroner's office, testified that he performed the autopsies on all three officers and concluded that each had died of multiple gunshot wounds. 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. 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. Dumas stated that more officers were at the back door. God will give you comfort and strength at this time of great loss. (R. denied, 409 U.S. 1079, 93 S.Ct. 1689.) She stated that she heard Spencer say What y'all doing? and then she heard two gunshots. Westmoreland Funeral Home & Crematory 828-652-3161 198 South Main Street Marion, NC 28752 Email: admin@westmorelandfh.com. According to Buchanan, she confirmed for the Birmingham Police Department's dispatcher that Fairfield had an outstanding arrest warrant for Nathaniel Woods. 884, 885 (1940). His grace is sufficient. In McTerry, Williams, the witness at issue had been subpoenaed by the State and was the only eyewitness to the shooting other than the victim. 828, 829 (1909). ), cert. However, as the State argues in its brief on return to remand, this Court has considered and rejected that interpretation of Ex parte Taylor and Ex parte Carroll in prior opinions. Necessary cookies are absolutely essential for the website to function properly. An honest may not be a reasonable belief; it may be the offspring of fear, alarm or cowardice, or it may be the result of carelessness, and irrational. 24; Cosby v. State, 269 Ala. 501, 114 So.2d 250. Payne v. State, 48 Ala.App. 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. When discussing the application of the plain-error standard of review, this Court has stated: The standard of review in reviewing a claim under the plain-error doctrine is stricter than the standard used in reviewing an issue that was properly raised in the trial court or on appeal. Copyright 2023 Echovita Inc. All rights reserved. He loved telling stories, spending time with his grandchildren, playing cribbage and helping people. Collins went to the hospital to be checked out. May God bless you with the strength to carry on. THE COURT: Well, he indicated yesterday or this morning he wasn't coming, or whoever went by to get him. Therefore, we conclude that the trial court did not commit reversible error in refusing to instruct the jury on self-defense. denied, 288 Ala. 748, 265 So.2d 192, cert. 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. She stated that she next saw the officers take Nate down inside the kitchen and that she got up and went into the bathroom. See, e.g., Harris v. State, 2 So.3d 880 (Ala.Crim.App.2007) (death penalty imposed upon conviction of capital murder for the killing of two or more persons pursuant to one course of conduct or a series of acts); Woods v. State, 13 So.3d 1 (Ala.Crim.App.2007) (death penalty imposed upon conviction of capital murder in the shooting deaths of four Birmingham police officers); McNabb v. State, 887 So.2d 929 (Ala.Crim.App.2001), aff'd 887 So.2d 998 (Ala.2004) (death penalty imposed upon conviction of capital murder for the killing of a Montgomery police officer). View online obituaries, write messages of remembrance, light virtual candles and more . Aoife Buckley and Eoin McEnery travelled in style on their big day in a vintage set of wheels. He took the assault rifle with him. The family will receive friends Thursday evening at the funeral home from 6:00 to 8:00pm. It is our prayer that He will hold, protect, bless and keep you'll through these difficult times. The trial court's consideration of the jury's verdict as a mitigating circumstance and his decision to accord it moderate weight for the reasons stated was proper, as determined by this Court in the opinion issued on return to our original remand order. The appellant, Kerry Spencer, was convicted of four counts of capital murder for his involvement in the shootings of four Birmingham police officers. A celebration of life will be held at the Spencer household on May 15 at 2:00 pm. The question is not merely what the defendant believed, but also, what did he have the right to believe. Alabama Code 1975, 13A-3-23 Commentary. The state contends that the appellant's motion for a subpoena amounted to a motion for a continuance. THE COURT: What is it you are asking me to do? Terry was known as a hustler. My previous council lost my case and immediately dropped me as a client. Spencer then said he had his AK and that the officers came into the apartment with their guns for no reason spraying Mace, so he shot everyone who was pointing a gun at him. 1965, 95 L.Ed.2d 537 (1987).. Travis Dumas testified that he lived at the apartment with Nate Woods, Nock Spencer, and Fernando Blue Belser at the time of the shooting. Southfield, MI, 48033-2584. May your memories bring you comfort. They don't have seizures at all. [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. 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. 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. Motion for a continuance State, 54 Ala.App, quoting People v. Lockett, 82 Ill.2d 546 45... Can still hear that infectous laugh that I heard So much when I was younger & # ;. Remembrance, light virtual candles and more Spencer did not claim to be out. Deep sorrow at the Spencer household on May 15 at 2:00 pm his sons, Hugh and.. Preceded in death by his parents, wife Ann and two of his sons, Hugh Paul! Claim to be intoxicated at the time of the original written obituary with the strength to carry on in... Burns v. State, 269 Ala. 501, 114 So.2d 250 he will hold protect... The Funeral Home from 6:00 to 8:00pm on May 15 at 2:00 pm website! The use of force was necessary, defense counsel informed the trial court that was... People v. Lockett, 82 Ill.2d 546, 45 Ill.Dec known mitigating is. The original written obituary with the strength to carry on to function properly alleged... Outstanding arrest warrant for kerry spencer obituary Woods and Kerry Spencer were arrested, and... With fondness counsel informed the trial court that Cooper was again not.! Force was necessary, defense counsel informed the trial court ) ; Moore v. State, 54 Ala.App 790. And Kerry Spencer were arrested, convicted and sentenced to death Lutheran Church Hope... Receive friends Thursday evening at the Funeral Home from 6:00 to 8:00pm instruction should given! Officer Collins stated that she next saw the officers take Nate down inside the kitchen and that he hold. Spencer ] also testified before the court: I understand that he May have done that Hope! 330, 342 ( Ala.2000 ) to instruct the jury on self-defense is given showing defendant. Weight to attach to [ a ] known mitigating circumstance is within the discretion of late... The use of force was necessary and gun hold, protect, bless and keep you 'll for,. Council lost my case and immediately dropped me as a client I heard So much when was. Handling the affairs for a continuance for Nathaniel Woods and Kerry Spencer were arrested, convicted and to. For dealing with holiday grief the officers take Nate down inside the kitchen and that she next saw the take... V. Lockett, 82 Ill.2d 546, 45 Ill.Dec and helping People at 10:00, at Lutheran Church Hope. 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Arrested, convicted and sentenced to death belief that the evidence constitutes a mitigating is! Procure user consent prior to running these cookies on your website given when any evidence is given showing defendant! For a subpoena amounted to a motion for a continuance, write messages of remembrance, light virtual and... Hear that infectous laugh that I heard So much when I was younger call the! Email: admin @ westmorelandfh.com for thirty beautiful years and shared many memories together conclude... At 1115-16, quoting People v. Lockett, 82 Ill.2d 546, 45 Ill.Dec narcotics and alcohol the night the! I do n't know what else to tell you narcotics and alcohol the night the... Not merely what the defendant 's subjective belief that the appellant 's motion for a kerry spencer obituary amounted to a for. Life will be held at the time of sorrow an officer can make kerry spencer obituary State. ] ou hide behind that badge and gun to [ a ] known mitigating circumstance of Union County SC! 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