Bern, please know that I am with you all. This court previously pretermitted a plain-error review of Spencer's sentencing proceeding, pending the trial court's return to our remand order. THE COURT: Well, my point is he's got a lawyer I guess on these pending charges. Kerry Spencer had taught her kids to baby sign before they could speak so they could communicate while they were infants. An accused is entitled to have the jury consider the issue of his intoxication where the evidence of intoxication is conflicting, Owen v. State, 611 So.2d 1126, 1128 (Ala.Crim.App.1992); Crosslin v. State, 446 So.2d 675, 682 (Ala.Crim.App.1983), where the defendant denies the commission of the crime, Coon v. State, 494 So.2d at 187; see Moran v. State, 34 Ala.App. 2450, 124 L.Ed.2d 666 (1993); and Ex parte Slaton, 680 So.2d 909, 924 (1996) ( While Lockett and its progeny require consideration of all evidence submitted as mitigation, whether the evidence is actually found to be mitigating is in the discretion of the sentencing authority. ) (quoting Bankhead v. State, 585 So.2d 97, 108 (Ala.Crim.App.1989), cert. In case no. He was a native and resident of New Orleans, LA. Just sit around and wait? 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 Ervin, 584 So.2d at 949. 928 So.2d at 326-27. Spencer stated that he believed the officer was about to kill him based on the officer's earlier statements and that he did not believe that he had any alternative other than to open fire. Kerry took the time to COMPLETELY hear me out about the details of my case. There are no events at this time. Jimmy O'Neal Spencer. 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. Indeed, the trial court had already afforded Spencer some additional time by dismissing the jury for the evening the day before when the defense announced that its next witness, i.e., Cooper, was not present, and allowing Spencer until 8:30 the following morning to attempt to locate Cooper and secure his presence. That would be images I would have seen forever.. Grief researchers say holding that missing funeral service, even a year or more later, can still help us heal. 2954, 57 L.Ed.2d 973 (1978); Ex parte Hart, 612 So.2d 536, 542 (Ala.1992) (Lockett does not require that all evidence offered as mitigating evidence be found to be mitigating.), cert. It is solely for the jury to determine whether any particular inference that may possibly be drawn from given facts is or is not a reasonable inference, and not for the court to substitute its judgment for theirs in passing upon the character of inferences afforded by the evidence. Domingus v. State, 94 Ala. 9, 13, 11 So. Menu. However, as Spencer argues in his brief on return to remand, there was evidence presented at trial that Spencer had ingested cocaine, Seraquel, and alcohol on the morning of the shootings. [Section] 13A-6-3(a)(2) is designed to cover those situations where the jury does not believe a defendant is guilty of murder but also does not believe the killing was totally justified by self-defense. Shultz v. State, 480 So.2d 73, 76 (Ala.Crim.App.1985). He testified that Officer Chisolm made threatening statements to him that put him in fear for his life and made him believe the police would be back and that he would be a dead man by [Officer Chisolm]. (R. Family and friends must say goodbye to their beloved Geraldine Smith (Harbour Breton, Newfoundland), who passed away on February 25, 2023. Officer Collins stated that his holster was damaged during the shooting, that he had a hole in his pants, that he sustained a wound in his leg, and that he later found a metal fragment in his pants pocket. As the United States Supreme Court stated in United States v. Young, 470 U.S. 1, 105 S.Ct. He stated that he went to the front door and saw an officer standing there, so he shot him as well. Mifflintown, PA 17059. He has three attempted-murder charges against him that are pending. Aoife, from Moyvane, Co Kerry, and Eoin, Abbeyfeale, Co . They were married for thirty beautiful years and shared many memories together. Dr. Simmons testified that stippling on Officer Chisolm's face indicated that at least one of the bullets had been fired from close range. On appeal, Spencer raises a number of issues, several of which he did not first raise by timely objection in the trial court. 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. He would slip in whenever he could to supply the apartments with the drugs. Copyright 2023, Thomson Reuters. He testified that he kept guns at the apartment, and that he had purchased the SKS assault rifle the night before the shootings and had test-fired it in the backyard. Spencer v. State, [Ms. CR-04-2570, April 4, 2008] --- So.3d ----, ---- (Ala.Crim.App.2008). Does [Cooper] have pending criminal charges at this time? Just don't spray me with that mace. (R. However, Spencer does not raise those same grounds on appeal. Kerry Jane Hooper (nee Spencer) Mar 1961 - Jan 2019. 709.) And that he quit paying them. Cook v. State, 46 Ala.App. The trial court found the existence of four aggravating circumstances: that Spencer knowingly created a great risk of death to many persons in the commission of this crime, 13A-5-49(3), Ala.Code 1975; that the capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody, 13A-5-49(5), Ala.Code 1975; that the capital offense was committed to disrupt or hinder the lawful exercise of a government function or the enforcement of laws, 13A-5-49(7), Ala.Code 1975; and that Spencer intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct, 13A-5-49(9), Alabama Code 1975. [Assistant defense counsel]: He indicated to us he was going to testify. Additionally, although neither witness believed at the time that Spencer was serious, one witness testified that Spencer had made statements about the officers, following the initial encounter the morning of the shooting, indicating that he was going to bust em, which the witness said he interpreted to mean that Spencer was going to shoot the officers if they returned. Rather, based on the evidence presented at trial, Spencer failed to establish any evidentiary foundation of intoxication that would warrant an instruction on intoxication. Kerry was a very special person, and I'm glad to have known him. The foregoing opinion was prepared by Retired Appellate Judge H.W. 1667.). Kerry Spencer shared an old photo of her son. 663, 665, 248 So.2d 158, 160 (1971). I am greatful to have shared fond memories of high school with Kerry and Cammy. 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 make a charitable donation in a loved ones memory, plant memorial trees in a loved ones name. 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. 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. About Us; Staff; Camps; Scuba. My tears are with yours, and so are my prayers. 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. (Emphasis added.) Hall v. State, 820 So.2d 113, 121-22 (Ala.Crim.App.1999), aff'd, 820 So.2d 152 (Ala.2001). Spencer also filed a motion for reconsideration of the sentences and an amended motion for reconsideration of the sentences. At Find-a-Grave, you can view a loved ones gravestone, seeing photos from your local cemetery. THE COURT: First of all, the officers are there on a lawful arrest warrant. Westmoreland Funeral & Cremation Services 828-668 3161 77.) He graduated from. Spencer testified that after the initial incident with the police on the morning of the shootings, Nate and he went to get some food. THE COURT: We checked the computer and the computer doesn't show him served. Clearly, the facts in this case differ from those in the authority on which Spencer relies, i.e., Ervin and McTerry. So it's possible. Harrison v. State, 580 So.2d 73, 74 (Ala.Crim.App.1991). "Inez". Evidence technicians and a crime-scene investigator photographed and diagramed the scene and collected evidence in the area. (Emphasis added.) A native of Union County, SC, he was the son of the late Milton Wallace. Oct 1932 - Apr 2020. The trial court was directed to reweigh the aggravating circumstances and the mitigating circumstances in resentencing Spencer. Jerry Alexander Spencer of Olive Branch, Mississippi, passed away on Friday, October 15, 2021, at the age of 93. Collins went to the hospital to be checked out. Thus, the plain-error doctrine applies. (R. At a preliminary hearing Williams testified that he could not positively identify the shooter. See also Brownfield v. State, supra (jury conviction of the capital offense of the murder of two or more people during one act or pursuant to one scheme or course of conduct satisfied the requirement that an aggravating circumstance be found by the jury and the verdict itself rendered the defendant eligible for the death penalty, exposing him to a range of punishment that included the death penalty); and Yeomans v. State, 898 So.2d 878 (Ala.Crim.App.2004) (same). Several of the officers who responded to the double-aught call testified at trial. Would you like to offer Kerry Spencer Shoemakers loved ones a condolence message? Echovita offers a solidarity program that gives back the funds generated to families. Randall Washington testified that he was working on Courtney Spencer's automobile in front of the apartment at the time the officers arrived. Additionally, Rule 17.5, Ala.R.Crim.P., provides that [a]ny witness who, after being subpoenaed, fails to appear at the time and the place as required by the subpoena, or who fails to remain until released, may be attached by order of the court. In Weaver v. State, 401 So.2d 344 (Ala.Crim.App.1981), this Court stated: Before it can be said that the accused has been denied this constitutional right, he must apply to the court for the issuance of an attachment and show to the court that the witness has been served with a subpoena a sufficient length of time before the trial to afford an opportunity to the witness to obey its mandate, that the witness is within the jurisdiction of the court, and that his attendance can be obtained within a reasonable time by the compulsory process, that such witness is absent without the procurement or consent of the accused, and that the testimony of the witness is material . 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. 77.) Officer Owen informed Officer Collins that the man at the doorway was Nathaniel Woods.3 Officer Collins testified that he then conducted an inquiry through the computer equipment in his police vehicle, checking the City of Birmingham files and the National Crime Information Center (NCIC) files, and he ascertained that a person named Nathaniel Woods, matching the general physical description of the man in the doorway and with an address in the area had an outstanding misdemeanor arrest warrant from the City of Fairfield Police Department. Other times people just die and they don't have any seizures at all. View obituary. My heart goes out to his family during this trying time. 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. James sorry to hear of the lost of your son . Spencer testified that he carried his SKS assault rifle with him and put it beside his leg when he took a nap. Bill is survived by his wife, Sherry Spencer; children, Scott Spencer of Yachats, Holly Spencer of Oregon City and Craig Spencer of West Linn; stepchildren, Lisa Peterson of West Linn, Nels Peterson of Baton Rouge . According to court documents the three police officers were attempting to serve an arrest warrant on Nathaniel Woods when the two men opened fire killing Carlos Owen, Robert Bennett and Harley Chisholm. 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. 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 . According to Dumas, he had stayed there for approximately 18 or 19 days, and that, although he saw officers patrolling the area, the morning of the shootings was the first time he saw officers actually come to the apartment. denied, 244 Ala. 367, 13 So.2d 780 (1943). There is no indication that the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor. 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. denied 519 U.S. 1079, 117 S.Ct. ), cert. MAY GOD CONTINUE TO BLESS YOU AND YOURS DURING THIS TIME OF GRIEF. 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. We are sad to announce that on October 7, 2021, at the age of 65, Kerry Donald Spencer (Fort Myers, Florida) passed away. The email address cannot be subscribed. Kerry is survived by his mother: Bernice Rose & husband Raymond; step-father: Frankie Spencer; father: James Moton; wife: Cammy Spencer; sons: Kerry Jr., Jordan and Kelin; daughter: Miranda; 2 brothers and 4 sisters. May God bless your family and you have our sympathy at this time of sorrow. 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