I think there has been testimony in court he was the drug supplier of this particular apartment complex of my client. 558 (1916). Officers discovered an SKS assault rifle outside the front door of the apartment, and a number of weapons in plain view in assorted rooms of 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. Necessary cookies are absolutely essential for the website to function properly. The average age of a Spencer family member is 71. As in Woods and the cases cited therein, the trial court here did not enter specific findings as to the existence or nonexistence of nonstatutory mitigating circumstances, and the principles espoused in Ex parte Taylor, Ex parte Tomlin, and Ex parte Carroll, and the cases cited therein, were not met as the trial court's sentencing order did not state that the jury's recommendation was treated as a mitigating circumstance and did not contain specific findings as to the weight assigned to the jury's recommendation of life imprisonment without parole or the reasons for the judicial override of that recommendation. Will he testify? Here, the evidence Spencer contends required a limiting instruction was not evidence of prior convictions; further, the evidence was not offered to impeach Spencer's credibility. I wasnt going to stand there and argue. Menu. We'll help you find the right words to comfort your family member or loved one during this difficult time. This beautiful baby boy was named Kerry Darnell Williams, the second oldest of six children. So they are there in the house legally. See also Shiflett v. State, 507 So.2d 1056 (Ala.Crim.App.1987). Finally, in McTerry, this Court noted that the defense did not seek a continuance nor would an attempt to subpoena the witness necessarily result in any delay in the trial proceedings because there were two additional defense witnesses and two rebuttal witnesses for the State yet to testify and based on the witness's aforementioned willingness to appear in court earlier that day; further, there were no indications that he could not be found quickly. Spencer first argues that the trial court erroneously allowed evidence of collateral crimes and prior bad acts, without sua sponte giving a limiting instruction to the jury regarding the proper use of the now complained-of evidence. Collins went to the hospital to be checked out. 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. Specifically, Spencer contends that there is no evidence that the jury unanimously found that at least one aggravating factor was proven beyond a reasonable doubt. Kerry Carpenter (L) -- OF 13. They told Woods to come out. 285, 126 L.Ed.2d 235 (1993).. They're not a map to follow, but simply a description of what people commonly feel. ), aff'd 758 So.2d 81 (Ala.1999). 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. You say he is crucial. Spencer may indeed have had a fear of the officers, but based on the evidence presented, we cannot say that that fear was reasonable. He stated that, in addition to wounds resulting from gunshots that grazed but did not penetrate deeply into his body, Officer Chisolm suffered multiple gunshot wounds to his back and side, and a number of those bullets traveled through and exited his body. Williams testified that she looked and saw Nate in the doorway. He took cover behind his police cruiser. 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. Sgt. You are all in my prayers. ', Ex parte Ferguson, 814 So.2d 970, 976 (Ala.2001).. 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. According to Williams, Nate and she were sitting on the back porch, and they walked back inside when the officers arrived the second time. 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. Kerry Darnell Spencer of South Carolina was born on August 25, 1971. Gunfire erupted. It was Dr. Simmons' opinion that the first shot to Officer Bennett struck his torso severing his spine which would have made it impossible for him to move, and that as he lay dying, the defendant shot Officer Bennett point blank in the face, the bullet passing through his brain. According to Spencer, he dropped the SKS assault rifle at that time and fled. A charge on intoxication should be given if there is an evidentiary foundation in the record sufficient for the jury to entertain a reasonable doubt in the element of intent. [Assistant defense counsel]: We would object to Court making the statement that he wasn't served. And so you have this random discharge. www.kerryfuneralhome.ca To plant a beautiful memorial tree in memory of Warren Spencer, please visit our Tree . Funeral arrangement under the care ofHarvey-Engelhardt Funeral & Cremation Services. 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). 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. Previous Next Additionally, the initial arguments were between Woods and officers; Spencer willingly joined in the verbal jousting, and again continued his verbal sparring with a second officer even though the first officer had, according to Spencer, made threatening comments. 1619.) 1959 - 2023. May happy Share Alabama . At catcher, Jake Rogers will have to fend off a challenge from Donny Sands and possibly. 418, 139 L.Ed.2d 320 (1997). Hodges v. State, 856 So.2d 875, 893 (Ala.Crim.App.2001), aff'd 856 So.2d 936 (Ala.2003). Later, with a photo of Woods and a copy of the warrant in hand, they set out to arrest Woods. SERVICES. Take that badge and gun off, I'll fuck you up. (R. She was described as a real doll. Williams reported to court on the day of trial but was excused by the State shortly before the trial commenced because, according to the prosecutor, his testimony was neutral in that he could not identify the gunman. Hundreds of officers from Birmingham and other departments descended upon the scene. My tears are with yours, and so are my prayers. After officers informed Spencer that they had eyewitnesses who identified him as the gunman, Spencer stated that Curly and other officers came to the apartment early that morning and that Curly had taken off his badge and talked about fighting before leaving. This Court did not consider this as mitigating evidence. 1647.) 733.) 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). Echovita Inc is a registered trademark. Jerry was born on March 12, 1946 to Gertrude. The 58-year-old officer took off his badge, but Woods stayed behind the locked screen door. [Defense counsel]: Yes, he has. [Defense counsel]: New Hill. 1667.). He conceded that he had fired his assault rifle the night before. Wednesday, October 13, 2021. In Brownfield v. State, [Ms. CR-04-0743, April 27, 2007] --- So.3d ---- (Ala.Crim.App.2007), this Court noted that both this Court and the Alabama Supreme Court have repeatedly held that the United States Supreme Court in Ring did not invalidate Alabama's death-penalty statute. Pilley v. State, 930 So.2d 550, 561-62 (Ala.Crim.App.2005). Unless you are experienced as an estate executor, you probably should hire an attorney. It wasnt like I had time to say, Oh, you fixing to shoot me. An independent weighing of the aggravating and mitigating circumstances indicates that death is the proper sentence. [Assistant defense counsel]: He indicated to us he was going to testify. OBITUARY Kerry Spears, Jr. closed the final chapter of his earthly life on Tuesday, August 30, 2022, at the age of 31. As required by 13A-5-53(b)(3), Ala.Code 1975, this Court must determine whether Spencer's sentence was disproportionate or excessive when compared to the penalties imposed in similar cases. 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. 1038, 84 L.Ed.2d 1 (1985), the plain-error doctrine applies only if the error is particularly egregious' and if it seriously affect[s] the fairness, integrity or public reputation of judicial proceedings. See Ex parte Price, 725 So.2d 1063 (Ala.1998), cert. 627, 634, 74 So. We didnt know for sure 100 percent that it was him, so we had to get the picture, Collins said in a 2005 interview. On September 23, 2005, the trial court overrode the jury's recommendations and instead sentenced Spencer to death for the capital-murder convictions (CC-04-4129, CC-04-4130, CC-04-4131, and CC-04-4833); the trial court sentenced Spencer to life imprisonment for the attempted-murder conviction in case no. Evidence technicians and a crime-scene investigator photographed and diagramed the scene and collected evidence in the area. And specifically that Tyran Cooper was a drug supplier. A spent bullet was found a few inches in the ground beneath Officer Bennett's head. The officers' deaths in a hail of gunfire rocked Alabama's . If you know of an upcoming event for Kerry Spencer Shoemaker, please add one. Some basic help and starters when you have to write a tribute to someone you love. It has been years since I've seen you, but I knew you were always around, and to the family, may God bless you and keep you in your time of need. 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. 1687.) He would slip in whenever he could to supply the apartments with the drugs. Cook v. State, 46 Ala.App. Officer Fred Alexander arrived in the front of the apartment and radioed that there was an officer down in the front of the apartment and then made an additional radio transmission, indicating that two more officers were down inside the apartment. 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. October 7, 2021 Here, evidence that Spencer was engaged in a drug-dealing enterprise at the residence where the shootings occurred, evidence that Spencer was frequently seen in possession of a firearm at the residence, evidence that there had been a confrontation involving Spencer's accomplice Woods and police officers earlier in the day of the shootings, and evidence that Spencer had outstanding warrants for his arrest were all properly admitted for reasons other than simple impeachment of Spencer's credibility. For over thirty years, along with our predecessors, the Gilmartin and Lynett Families, we have strived to provide the highest quality of service along with fair costs to the families we serve. I went to high school with Kerry and remember him as a fun person to be around. 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