kerry spencer obituary

She stated on cross-examination that, after the officers left the first time that morning, she heard Nate and Spencer commenting that they was gonna get the officers if they returned, but she took their comments as joking and believed that [t]hey wasn't serious. (R. When I think of Kerry a big smile comes to my face, thoughts of his easy smile and quiet ways take some of the load from my heart. We pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. 1638.) Thus, the trial court considered the evidence presented by Spencer but accorded it no weight. Thus, we must remand this case to the trial court for it 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. Jimmy O'Neal Spencer. Marketing & Communications Director Spokane Club Nov 2008 - Present14 years 3 months Publisher and Editor in Chief Imagine Magazine 2004 - 20084 years Publisher Massage Magazine 1999 - 20034 years. Prepare a personalized obituary for someone you loved.. May 14, 1940 - 710.) denied, 526 U.S. 1133, 119 S.Ct. Indeed, Williams had shown up for trial earlier that day, and there was no reason to believe he could not be found within a short time. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); Copyright 2023 My Crime Library | Powered by Astra WordPress Theme. Spencer testified that in response to that statement, Nate told Curly that he had no reason to be at the apartment and for him to get the fuck on off the property. (R. 803.) Lavender testified that a police dispatcher contacted Officer Chisolm at 1:17 p.m., and notified him that the arrest warrant on Woods had been confirmed by the Fairfield Police Department. It then stated specific reasons for giving the jury's recommendation the consideration it gave it, including the appellant's participation in the robbery-murder and the jury's vote. 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. Officer Collins stated that he was familiar with the area so he proceeded to that location to back up Officer Owen. 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. [Defense counsel]: I think we need to make an attempt to see if he is there and see if he is going to come. 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. 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. 1183, 161 L.Ed.2d 1 (2005), Duke v. Alabama, 544 U.S. 901, 125 S.Ct. What are you asking the Court to do? Williams v. State, 161 Ala. 52, 59, 50 So. 928 So.2d at 326-27. CC-04-4129, Spencer was convicted of intentionally causing the death of Carlos Owen by shooting him with a firearm while Owen was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. 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. Sat, 25 Feb, 2023 - 02:00. 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. He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. Moreover, the trial court attached little weight to Spencer's lack of significant history of prior criminal activity. Devin Thompson. 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. On appeal, Spencer raises a number of issues, several of which he did not first raise by timely objection in the trial court. Terry was known as a hustler. 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. 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. He then went on to relate his version of the events that led to the shooting of these officers. Police watchdog called in Guelph 5:57 pm - 3,689 views; Airline ticket scam Toronto 4:19 pm - 9,735 views; Injured, charged in shootout Alberta 4:08 pm - 8,562 views; More Canada News He also testified that he obtained a GED in the job corps as well as an electrician trade, but felt it was more profitable to sell drugs. Spencer was the shooter but he had not acted alone, police alleged. 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. For these reasons, we must again remand 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. 98.) Charles Stewart. In case no. 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. My heart goes out to his family during this trying time. His holster had been hit, there was a hole in his pants and a wound to his leg. No bond is as great as that between a parent and child. He attended Boone Public Schools. 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. So it's possible. 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. SPENCER, Keith Wilbur - Born July 25, 1938, Keith passed away peacefully, surrounded by his family on Monday, August 5, 2019. . The God we serve in Mobile, Alabama is the same one that sits high and looks low in Dallas, Texas. Defense counsel requested a continuance until 8:30 a.m. the following morning, and the trial court recessed until 8:30 a.m. the following morning. Before the issue of self-defense is submitted to the jury, the defendant has the burden of proving, among other things, that he reasonably believe[d], Alabama Code 1975, 13A-3-23, that his attacker was about to use unlawful deadly physical force, unless this fact arises out of the evidence produced against him to prove the homicide. Cosby v. State, 269 Ala. 501, 505, 114 So.2d 250, 253 (1959). ), aff'd 500 So.2d 1064 (Ala.1986), cert. However, this evidence alone does not constitute evidence indicating that Spencer was intoxicated at the time of the shootings. The record clearly shows that more than sufficient time had elapsed between the time the last drugs or alcohol was ingested and the shooting.. In the next paragraph of the sentencing order, however, the court stated, The Court considered the evidence presented by the defendant as evidence of non-statutory mitigating factors. (C. 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. Olive Evelyn Decima Spencer. The first thing I said to him was, It was only a misdemeanor. 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, Harvey-Engelhardt Funeral & Cremation Services. 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. 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. 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. Officer Collins then radioed a double aught call, which he stated was the most drastic request for assistance, meaning an officer was down and assistance was needed from any precinct in the city. Therefore, Spencer properly preserved those grounds for review even though he did not object to the trial court's instructing the jury on the State's requested instructions eight and nine at the conclusion of the court's oral charge. Unprisoned will be available to stream on Disney+ from March 10. The state contends that the appellant's motion for a subpoena amounted to a motion for a continuance. The court must do all that the defendant calls upon it to do within the legal power of the court to obtain evidence under Article I, 6. It must be shown that substantially favorable testimony would be given by the witness and that the denial of a continuance would materially prejudice the defendant. 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. Kerry Smith died this past Thursday, 29th of December 2022. She said that she left for a few minutes after the officers left the first time, and that she was at the apartment and saw the officers arrive the second time. 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. The trial court instructed defense counsel to telephone Cooper at the number they had been given, but that number was the general office number for the apartment complex, rather than the specific apartment where Cooper was allegedly located. It is always difficult saying goodbye to someone we love and cherish. In Johnson v. State, [Ms. 1041313, Oct. 6, 2006] --- So.3d ---- (Ala.2006), the Alabama Supreme Court reversed the judgment of this Court, holding that there was a fundamental difference between prior convictions offered to impeach the defendant's credibility and prior convictions and prior bad-act evidence offered as substantive evidence of the current crime for which the defendant was on trial, or evidence of permissible factors such as the defendant's motive, state of mind, and intent.5 In Snyder v. State, 893 So.2d 482 (Ala.2001), and Ex parte Minor, 780 So.2d 796 (Ala.2000), two cases that formed the basis of this Court's opinion in Johnson, and in large part the crux of Spencer's appellate argument, the evidence in question was evidence of prior convictions offered to impeach the defendant's credibility. Photos Add a photo Rather, the trial court adequately protected Spencer's rights, including granting Spencer an overnight continuance to the following morning, and then conducting a thorough discussion on the record as to the status of the defense's efforts to locate the witness, the expected testimony of the witness, and the likelihood of the witness taking the stand if located. So if they are there legally, what's the relevance of that, even if he were to come in here and say that? THE COURT: Well, let me ask you a question. 13A-5-52 and 13A-5-47(d), Ala.Code 1975. The trial court had found in its amended sentencing order on return to the first remand that, because the first shot had paralyzed Officer Bennett, he would have been unable to touch Spencer's leg and provoke the second shot. My thoughts and prayers are with you in this time of deep sorrow. 1. The trial court refused to issue the subpoena. The trial court had given the jury such an instruction. TO THE FAMILY AND FRIENDS MY SYMPATHY GOES OUT TO YOU AND MY PRAYERS ALSO, BE ENCOURAGED AND KNOW THAT GOD MAKES NO MISTAKE, YOU LOVED HIM BUT GOD LOVED HIM MORE. Spencer stated that they were going to wait until the police shift changed at 3:00 p.m., and then slip out of the apartment at that time to avoid encountering the officers that day. 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. Contact us. ', Ex parte Ferguson, 814 So.2d 970, 976 (Ala.2001).. He went to the back door and saw an officer at a police car, so he fired additional shots and then fled through the front door. White Plains, New York, United States Over the course of two summers, supporting office activities at a music summer camp. The Alabama Legislature has defined intoxication to include a disturbance of mental or physical capacities resulting from the introduction of any substance into the body. 13A-3-2(c)(1), Ala.Code 1975. Officer Cedric Clifton of the Birmingham Police Department testified that he located additional evidence in the residence where Spencer was taken into custody. 742, 136 L.Ed.2d 680 (1997)). However, given that the statement in the amended sentencing order that Spencer's testimony was the only nonstatutory evidence offered is factually inaccurate, we conclude that a remand for the trial court to clarify its sentencing order is the more appropriate action, given the many levels of judicial scrutiny that occur when a defendant has been convicted of a capital offense and sentenced to death. 1675-76.) Graveside Service. 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. I'm not going to issue an attachment for him because he's not served. 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. The trial court overruled Ervin's motion for a mistrial on the grounds that one witness's current whereabouts were unknown and that Ervin's rights were not violated with regard to the second witness because Ervin had presented other evidence corroborating his claim that the shootings were in self-defense. State, 269 Ala. 501, 505, 114 So.2d 250, 253 ( 1959 ) 's motion a. He located additional evidence in the residence where Spencer was the shooter but he had not acted alone police. The area so he proceeded to that location to back up officer Owen attached little weight to Spencer death! Such an instruction location to back up officer Owen thing I said to him was it. Police Department testified that he was born August 25, 1971, Dallas! 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