We'll help you find the right words to comfort your family member or loved one during this difficult time. The record clearly shows that more than sufficient time had elapsed between the time the last drugs or alcohol was ingested and the shooting.. Log in to a funeral home below and get started. The evidence adduced at trial indicated the following: On July 17, 2004, Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, of the Birmingham Police Department, were shot and killed, and a fourth officer, Officer Michael Collins, also of the Birmingham Police Department, was shot but survived. Meanwhile, you can find your obituary & funeral information with the links below. Travis Dumas testified that he lived at the apartment with Nate Woods, Nock Spencer, and Fernando Blue Belser at the time of the shooting. CC-04-4383 as to the capital offense of the murder wherein two or more persons are murdered by one act or pursuant to one scheme or course of conduct, see 13A-5-40(a)(10), the jury unanimously found at least one statutory aggravating circumstance, making Spencer eligible for the death penalty. The trial court filed an amended sentencing order with this court, and on February 27, 2009, we again remanded this cause to the trial court with instructions that it amend its sentencing order to clarify its findings regarding the nonstatutory mitigating circumstances and the judicial override of the jury's recommendation of life imprisonment without parole. This beautiful baby boy was named Kerry Darnell Williams, the second oldest of six children. The email address cannot be subscribed. [Defense counsel]: One, to make a determination if the last May 25 subpoena has been served at Pearson Hall. Anthony Stanley . . www.kerryfuneralhome.ca To plant a beautiful memorial tree in memory of Warren Spencer, please visit our Tree . THE COURT: That didn't really answer my question. Spencer initially denied being at the residence and any involvement in the shootings, claiming that he hid in the attic after hearing that officers were searching the neighborhood because he had two outstanding warrants and did not want to go to jail. He conceded that he had fired his assault rifle the night before. SELLERS, KERRY DEWAYNE "SRELLES", age 30, passed away July 22, 2003. Kerry Spencer passed away at age 34 years old on August 6, 2006. Therefore, Spencer is not entitled to any relief on this claim. [Spencer] also testified before the Court in the sentencing phase before the Court. Therefore, we conclude that the trial court did not commit reversible error in refusing to instruct the jury on self-defense. My deepest sympathy to the family. 1719.) 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,. My thoughts and prayers are with you in this time of deep sorrow. Sgt. Draw freely from the well of peace and strength for the supply is unsurpassed even in times like these. 928 So.2d at 326-27. Our trusted partners offer additional helpful tools: At Legacy.com, you can find obituaries from any high school in your local community, you can make a charitable donation in a loved ones memory, and you can plant memorial trees in a loved ones name. (R. We send our deepest sympathies to you and your family. [Assistant defense counsel]: We would object to Court making the statement that he wasn't served. These circumstances are to be ascertained by the jury Oliver v. State, 17 Ala. 587, 599 (1850). 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. 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. As this Court explained in King v. State, 478 So.2d 318 (Ala.Crim.App.1985): The general rule is that every accused is entitled to have charges given, which would not be misleading, which correctly state the law of his case, and which are supported by any evidence, however weak, insufficient, or doubtful in credibility. Chavers v. State, 361 So.2d 1106, 1107 (Ala.1978). Bush v. State, 168 Ala. 77, 53 So. We don't know. Finally, the trial court considered as a mitigating circumstance the jury's punishment recommendation. This appeal, which is automatic when a defendant has been sentenced to death, followed. 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. The court determines what the rules are, but it is for the jury to determine whether the standard has been met by the evidence in the particular case. R. Perkins & R. Boyce, Criminal Law 1116 (3d ed.1982). [Assistant defense counsel]: Well, what I'm saying is through no fault of our own we are here on Sunday morning and the clerk's office is obviously closed and we do not have access to the clerk's office record to determine whether or not he was served. Authorize the publication of the original written obituary with the accompanying photo. 897.) Here, the trial court considered the jury's recommendation as a mitigating circumstance and assigned it moderate weight. Copyright 2023, Thomson Reuters. Lawyers for Nathaniel Woods, 42, have maintained his innocence, pointing out that another defendant in the case, Kerry Spencer, confessed that he was the sole gunman in the 2004 slayings.. More times than not they don't, but sometimes they do., This Court finds that the defendant's story that he shot Officer Bennett out of a mere reaction to his touching his leg defies logic and common sense. Just inside the kitchen, Chisholm got Woods down on the floor as if he was about to handcuff him, and Woods yelled, I give up. It's surprising how much a musical selection can affect mourning. According to Williams, Nate and she were sitting on the back porch, and they walked back inside when the officers arrived the second time. denied, 288 Ala. 748, 265 So.2d 192, cert. Although the trial court need not list and make findings as to each item of alleged nonstatutory mitigating evidence offered by a defendant, Reeves v. State, 807 So.2d 18, 48 (Ala.Crim.App.2000), it must make a clear finding regarding the existence or nonexistence of nonstatutory mitigating evidence offered by a defendant. 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? 285, 126 L.Ed.2d 235 (1993).. In addition, it must be established that the expected testimony is not merely cumulative or in the nature of impeachment, and the motion for a continuance must not be made merely for purposes of delay. Spencer Jones hit four 3-pointers and scored 21 points on 7-of-13 shooting from the field, Brandon Angel added 14 points, seven rebounds and four assists and Stanford beat Washington 81-69 Sunday . This evidence further militates against any contention that the murders were committed in a sudden passion and thus warranted such a jury instruction. The trial court noted: In CC-04-4129 the jury's recommendation was nine (9) for life without parole and three (3) for death. . We didnt know for sure 100 percent that it was him, so we had to get the picture, Collins said in a 2005 interview. Does [Cooper] have pending criminal charges at this time? You know, that occasionally happens. 1809, 143 L.Ed.2d 1012 (1999); Burgess v. State, 723 So.2d 742 (Ala.Cr.App.1997), aff'd, 723 So.2d 770 (Ala.1998), cert. It was a split second decision. Here, however, the circuit court listed Spencer's own testimony and then expressly stated that that testimony was the sum total of the non-statutory mitigating evidence offered by the defendant. (Emphasis added.) Bern, my thoughts and prayers are with you and your family in your time of sorrow. Dr. Simmons testified that stippling on Officer Chisolm's face indicated that at least one of the bullets had been fired from close range. With regard to Spencer's third allegation, the amended sentencing order states: In addition, Dr. [Gary] Simmons testified at trial that Officer Bennett, who was found dead at the front door of the apartment was shot multiple times. Funeral arrangement under the care ofHarvey-Engelhardt Funeral & Cremation Services. 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. In case no. We've tried to track his lawyer down this morning and see if they might be able to help us. KERRY SPENCER Office and Finance Manager admin@cif-ifc.org About Kerry NATASHA MACHADO Director of Programs and Initiatives nmachado@cif-ifc.org About Natasha JEN DICKMAN Communications Manager jdickman@cif-ifc.org About Jen STEPHANIE ROBINSON Fundraising and Membership Coordinator srobinson@cif-ifc.org About Steph MATTHEW PERRY This Court did not consider this as mitigating evidence. 401 So.2d at 349, quoting Thomas v. State, 15 Ala.App. Washington testified that a minute or two later he heard gunfire from inside the apartment and that he remained hidden under the automobile until the gunfire subsided, at which time he fled on foot. 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. 161, 13 So.2d 776, cert. He said he had bought the SKS the day before, and had even test-fired it the previous night. And specifically that Tyran Cooper was a drug supplier. 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. Allen was born on September 6, 1959 in Red Deer, Alberta, where he grew and thrived surrounded by a family that he . Spencer v. State, [Ms. CR-04-2570, February 27, 2009] --- So.3d ----, ---- (Ala.Crim.App.2008). The law of self-defense makes use of (1) rules, and (2) the reasonable-person standard. See also Lewis v. State, [Ms. CR-03-0480, April 28, 2006] --- So.3d ----, ----, (Ala.Crim.App.2006); Yeomans v. State, 898 So.2d 878, 904 905 (Ala.Crim.App.2004). 558 (1916) (compulsory process is a substantive right, a real right, and not an illusory sham to be satisfied by the issue of process, which is to be rendered ineffectual by hastening on to immediate trial), and Walker v. State, 117 Ala. 85, 88, 23 So. This was the sum total of the non-statutory mitigating evidence offered by [Spencer]. Kevin Towles. 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. 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. He is survived by. James, Linda, "RAP" and the rest of the family are in our hearts and prayers. Finally, in case no. Bennett joined them. Spencer v. State, [Ms. CR-04-2570, April 4, 2008] --- So.3d ---- (Ala.Crim.App.2008). Dr. Simmons further testified that Officer Owen did not exhibit signs of stippling. I was so hurt to learn of Kerry's passing. Always - Sharetha LaJoyce Ivory*** PIG - I love you all. That in and of itself ties the rest of our case together, what we submit to the Court is part of the self-defense and the reason why they were there during the times and the reason they were making the statements they were to him. It wasnt like I had time to say, Oh, you fixing to shoot me. 733.) document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); Copyright 2023 My Crime Library | Powered by Astra WordPress Theme. SPENCER, , KERRY DARNELL Age 34 of Rowlett, TX, passed away August 6, 2006. 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. Officer Collins testified that while on patrol that morning, he heard a radio transmission from Officer Owen indicating that Officer Owen was getting out of his police vehicle at the 1600 block of 18th Street in Ensley to investigate something suspicious or a miscellaneous complaint. Kerry is survived by his mother: Bernice Rose & husband Raymond; step-father: Frankie Spencer; father:. Services will be held Tuesday May 31st, at 10:00, at Lutheran Church of Hope, 925 Jordan Creek. Officer Cedric Clifton of the Birmingham Police Department testified that he located additional evidence in the residence where Spencer was taken into custody. 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. 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. As to the trial court's findings concerning the nonstatutory mitigating circumstances, in his second amended sentencing order the trial court states that Spencer presented evidence indicating that he was sorry for these crimes and he apologized to the victims' families. Passed away Feb 2020. Westmoreland Funeral Home & Crematory 828-652-3161 198 South Main Street Marion, NC 28752 Email: admin@westmorelandfh.com. Write your message of sympathy today. Thus, we find no error, plain or otherwise, in the trial court's giving of the State's requested instructions eight and nine. It is always difficult saying goodbye to someone we love and cherish. 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. If he is going to testify, I need to know. 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. Home. 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). Kerry Darnell Spencer of South Carolina was born on August 25, 1971. Spencer stated that Nate told him at that time that he had been sprayed with Mace, and Spencer noticed a big knot on Nate's forehead. Our thoughts and prayers are with you in your time of sorrow. Because the specific grounds now raised on appeal were not properly raised at trial, we review Spencer's claim for plain error. His search showed Woods was wanted on a misdemeanor charge out of Fairfield, accused of beating up his girlfriend. 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. On October 9, 2005, the trial court issued an amended sentencing order. (R. Obituary of Warren Reginald Spencer. 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). Spencer presented a number of witnesses at trial. According to Spencer, he dozed off for some time and Nate likely went outside and messed with his radio for awhile. (R. See also Ex parte Pettway, supra, and Mordecai v. State, 858 So.2d 993 (Ala.Crim.App.2003).. May God bless your family and you have our sympathy at this time of sorrow. 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. I am so happy I had him in my life. Spencer George Hare. Mr. Sanders died Tuesday, February 21, 2023 at his residence. The witness did not see the shootings; moreover, there was no indication that the witness was going to testify as to any specific communications between himself and the accused that would support a self-defense argument. See also Raines v. State, 455 So.2d 967, 974 (Ala.Cr.App.1984)., 599 So.2d at 74 (emphasis added). As the days and weeks pass, and as you return to lifes routine, may you continue to feel comforted by the love and support of family and friends. 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.