It is always difficult saying goodbye to someone we love and cherish. Send simple, comforting meals with Home Chef. Spencer further testified that Curly stated, I wish I had a reason to come in this apartment, I'd show you who was weak; Y'all so damn bad, bring your asses out if you so tough; and We gonna get you and when we get you, we're gonna fuck you up. (R. Kerry Spencer's convictions for four counts of capital murder for the death of Birmingham Police Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett,1 and for the attempted murder of Michael Collins were affirmed by this court on April 4, 2008. I really wish my neice, his sister, Tricia, was there with you'll to celebrate in his homegoing. THE COURT: Well, let me ask you a question. It was he pulled his gun up and I already had the weapon in my hand so I opened fire.. [Spencer] also testified before the Court in the sentencing phase before the Court. Expand the Memories and Condolences form. He was 81 years old. 862.) Cochran v. State, 500 So.2d 1161 (Ala.Crim.App.1984), aff'd in pertinent part, remanded on other part, 500 So.2d 1179 (Ala.1985), aff'd on return to remand, 500 So.2d 1188 (Ala.Cr.App. In order to determine whether the evidence is sufficient to necessitate an instruction and to allow the jury to consider the defense, we must view the testimony most favorably to the defendant. Ex parte Pettway, 594 So.2d 1196, 1200 (Ala.1991).''. Officer Collins testified that after receiving confirmation that the warrant was valid, he and Officers Owen, Bennett, and Chisolm returned to the apartment to serve the arrest warrant on Woods. Spencer, citing Ring v. Arizona, 536 U.S. 584, 122 S.Ct. The victim testified that the gunman, whom he identified as McTerry, was on foot at the time of the shootings; however, in the preliminary hearing, Williams had testified that the gunman was on a bicycle. That's why he is going to take the Fifth Amendment. You are all in my prayers. He stated that Officer Owen sustained grazing gunshot wounds and a number of entrance and exit wounds associated with multiple gunshot wounds to his back and arm. Several of the officers who responded to the double-aught call testified at trial. The trial court then stated specific reasons for giving the jury's recommendation the consideration it gave it. Oct 1932 - Apr 2020. KERRY SELLERS OBITUARY. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); Copyright 2023 My Crime Library | Powered by Astra WordPress Theme. Copyright 2023 Echovita Inc. All rights reserved. So it's possible. Posted by Eddie | July 28, 2021. In Pilley this Court provided guidance as to what evidence would be required to form that evidentiary foundation. They found an SKS assault rifle outside the front door of the apartment, and a number of guns inside in plain view. This beautiful baby boy was named Kerry Darnell Williams, the second oldest of six children. Blanton identified Spencer in court as the suspect taken into custody. He was such a warm and welcoming man. We are sad to announce that on October 7, 2021, at the age of 65, Kerry Donald Spencer (Fort Myers, Florida) passed away. We again pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. I cant say it as fast as I thought it, but I was like Hey dummy, youre standing in the open and somebodys shooting at you, he said. Star Tribune reviews all guest book entries to ensure appropriate content. Officer Bennett's body was found at the front door of the apartment. That was the first time I saw him. Spencer concedes that, although he requested an instruction on voluntary intoxication, he did not object to the lack of the now requested instructions. Westmoreland Funeral & Cremation Services 828-668 3161 Kerry took the time to COMPLETELY hear me out about the details of my case. Officer Collins testified that, as he and Officer Owen walked toward the back door, a man who was working on an automobile parked near the apartment got up and walked away, saying, I don't want no part of this. (R. Thereafter they upped the price from a thousand dollars a week to fifteen hundred dollars a week. Spencer testified that after he watched Curly and Officer Collins drive off, he noticed Nate talking to Officer Chisolm, who he knew as Robo. Spencer stated that he joined the argument and cursed at Officer Chisolm and told him to leave. 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. May God continue to lift up your spirits, look to the hills which cometh your health. (C. 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. This court previously pretermitted a plain-error review of Spencer's sentencing proceeding, pending the trial court's return to our remand order. A person may not use physical force to resist a lawful arrest by a peace officer who is known or reasonably appears to be a police officer.. Kerry was a very special person, and I'm glad to have known him. denied, 524 U.S. 929, 118 S.Ct. He was paying them a thousand dollars a week. 698 So.2d at 205. He stated that he then heard a radio transmission from Officer Bennett that [t]hey are coming out the front. (R. He was a lifelong area resident and a graduate of the Warren . 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. denied, 200 Ala. 23, 75 So. Take that badge and gun off, I'll fuck you up. (R. See also People v. Perry, 61 N.Y.2d 849, 473 N.Y.S.2d 966, 966-67, 462 N.E.2d 143, 143-44 (App.1984) ([a] charge on intoxication should be given if there is sufficient evidence of intoxication in the record for a reasonable person to entertain a doubt as to the element of intent on that basis). Other jurisdictions that have considered this issue have concluded that a limiting instruction is not required when evidence of other crimes or prior bad acts is properly admitted as part of the res gestae of the crime with which the defendant is charged. Family and friends are invited to a funeral service on Tuesday,. Unless you are experienced as an estate executor, you probably should hire an attorney. Additionally, the evidence indicates that, upon hearing the commotion in the kitchen and looking outside and seeing police vehicles, Spencer had time to attempt to retreat by attempting to hide or escape from a window; however, he armed himself and proceeded to advance toward the commotion and a certain encounter with officers. More times than not they don't, but sometimes they do.. 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. ', Collins moved toward the apartment, but Butler blocked him. According to defense counsel, an alias was issued on May 25, 2005, but defense counsel was unaware as to whether that subpoena had been served. Spencer Brown, of Parker, Colorado, passed away unexpectedly at his home on January 15. 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. Information and advice to help you cope with the death of someone important to you. Log in to a funeral home below and get started. The sentencing order is unclear as to whether the court found any nonstatutory mitigating circumstances to exist. Whitehead v. State, 429 So.2d 641 (Ala.Cr.App.1982). (R. So he was going to do it because of the family. 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. Officer Hugh Butler was the first to go to Collins. The trial court however did not consider this to be mitigating evidence because his specific apology directly contradicted the evidence presented, including his statement to police following his arrest and his testimony to the jury during the sentencing phase of his trial. 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. On October 20, 2005, the trial court held a hearing on Spencer's motion for a new trial and denied that motion and Spencer's motion for reconsideration of his sentences and amended motion for reconsideration of his sentences that day. I still miss Spud. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Spencer stated that although they sold approximately $3,000 in drugs from the residence on a daily basis, they had never had problems with the police. THE COURT: For the record you've got an exception., (R. 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. Spencer was the shooter but he had not acted alone, police alleged. Burns v. State, 229 Ala. 68, 70, 155 So. You have funeral questions, we have answers. 102 people are at the hospital today with 44 in the emergency department and 58 are in wards elsewhere. 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. Defense counsel informed the trial court that he had spoken with Cooper on the telephone the day before; he stated that Cooper claimed to have been unaware that he was supposed to be in court and that Cooper wanted to speak with his attorney before agreeing to testify at Spencer's trial. Section 13A-6-3, Ala.Code 1975, states, in pertinent part: (a) A person commits the crime of manslaughter if: (2) He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.. denied, 898 So.2d 874 (Ala.), cert. Doyle served in the Iowa National Guard. Spencer attended Chattanooga Central High School and was a. Spencer next contends that the trial court erred in refusing to instruct the jury on heat-of-passion manslaughter as a lesser-included offense. My heart goes out to you at this time and in the days ahead. Cook v. State, 46 Ala.App. According to Officer Collins, Officer Chisolm came to the back of the apartment and, while he was showing Woods the printout and photograph, told him that the arrest warrant from Fairfield was for assault, at which time Woods again cursed the officers and then turned and ran back inside the apartment. [Assistant defense counsel]: We would object to Court making the statement that he wasn't served. Having reviewed the applicable legal authority, the arguments of the parties, and the record before this Court, we cannot say that reversible error occurred as to this claim. Authorize the publication of the original written obituary with the accompanying photo. Echovita Inc is a registered trademark. May god give you strenghth. Leave a sympathy message to the family on the memorial page of Kerry Donald Spencer to pay them a last tribute. There they found, and removed, shrapnel from his leg. Funeral: 12 Feb 2019, Cheltenham. [Spencer] testified about his education, having completed the tenth grade. Ruben C. Parker, a sergeant with the Birmingham Police Department at the time of the shootings, testified that when he arrived at the scene, he saw Officer Bennett's service revolver on the ground approximately 6 to 12 inches from Officer Bennett's right hand, that another officer picked the weapon up from the ground and handed it to him, and that he kept the weapon in his custody until turning it over to evidence technician Chester White at the scene. Bern, my thoughts and prayers are with you and your family in your time of sorrow. Coon v. State, 494 So.2d 184, 187 (Ala.Crim.App.1986) (quoting Government of the Virgin Islands v. Carmona, 422 F.2d 95, 99 n. 6 (3d Cir.1970)). 2984, 165 L.Ed.2d 990 (2006). He was born on September 15, 1960. Calhoun v. State, 932 So.2d 923, 975 (Ala.Crim.App.2005), cert. Officer Collins stated that he was familiar with the area so he proceeded to that location to back up Officer Owen. However, the court should charge on voluntary intoxication only when there is a sufficient evidentiary foundation in the record for a jury to entertain a reasonable doubt as to the element of intent. 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. As noted above, ironically in one of the very cases relied upon by Spencer on appeal, the court's duty to issue subpoenas on an accused's behalf does not require the court to grant a motion for a continuance or a motion for an attachment. 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. You can send your sympathy in the guestbook provided and share it with the family. Fuck you. (R. Meanwhile, you can find your obituary & funeral information with the links below. Kerry Spencer had taught her kids to baby sign before they could speak so they could communicate while they were infants. I am so sorry to hear about your lost,you will be in my prayers. Specifically, Officer Clifton testified that he discovered a 9mm Luger High Point brand handgun in the attic where Spencer was found, a 9mm Beretta brand handgun hidden behind the heater in the middle bedroom of the residence, and assorted rounds of ammunition in the residence. It is well settled that the Sixth Amendment of the United States Constitution and Art. THE COURT: I understand that he may have done that. It is the finding of this Court that there is no error in the sentencing that adversely affected Spencer's rights. It is not required that the evidence submitted by the accused as a non-statutory mitigating circumstance be weighed as a mitigating circumstance by the sentencer, in this case, the trial court; although consideration of all mitigating circumstances is required, the decision of whether a particular mitigating circumstance is proven and the weight to be given it rests with the sentencer. ), aff'd 758 So.2d 81 (Ala.1999). Here, the trial court considered the jury's recommendation as a mitigating circumstance and assigned it moderate weight. denied, 526 U.S. 1133, 119 S.Ct. Officer Collins testified that as they walked back to their automobiles, Officer Chisolm arrived and got out of his automobile. He stated that he could have easily killed Officer Collins but did not perceive that officer to be a threat, so he instead allowed him to take cover behind his vehicle and then fired the shots in his direction to facilitate his escape. Spencer later would testify that they sold drugs out of the apartment, making up to $3,000 a day. Although the supreme court also stated that a jury recommendation could be overridden based on information that was not known to the jury, it did not state that that was the only circumstance in which a jury recommendation could be overridden. Hall v. State, 820 So.2d 113, 121-22 (Ala.Crim.App.1999), aff'd, 820 So.2d 152 (Ala.2001). You also have the option to opt-out of these cookies. 721 Smith Rd. 5. What are you going to advise him to do?, [Assistant defense counsel]: We would object to the Court-. 1682.) CC-04-4131, Spencer was convicted of intentionally causing the death of Charles R. Bennett by shooting him with a firearm while Bennett was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. Dumas stated that he did not think Spencer was serious; Dumas further admitted that he had ingested narcotics the night before the shootings. 1667.). denied, 522 U.S. 969, 118 S.Ct. Over 100 people are waiting on a trolley today at University Hospital Limerick for the second time this week. Our staff does not correct grammar or spelling. He was preceded in death by his brother: Raymount Spencer. This undisputed physical evidence contradicts the testimony of [Spencer] who testified he fire[d] the rifle merely as a reaction to Officer Bennett touching his leg. Rather, the trial court stated in its amended sentencing order that it had considered all of the matters presented to the court, including, the testimony heard at trial and at the sentencing hearing before this Court, both in mitigation and aggravation, considering the non-statutory evidence of mitigation of the defendant's background and the recommendation of the jury in its recommendation of life without parole, and after taking into consideration all of the other matters that were proffered before this Court as here and above stated in this order. 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. I wasnt going to stand there and argue. The question as to whether or not the circumstances in which the parties were at the time the fatal blow was stricken were such as to impress a reasonable man that the defendant was in imminent danger of losing his life or suffering great bodily harm, and whether or not the defendant entertained such belief were inferential facts to be drawn by the jury. Kennedy v. State, 240 Ala. 89, 91, 196 So. See also Shiflett v. State, 507 So.2d 1056 (Ala.Crim.App.1987). (R. Rather, he now argues that the trial court's giving the State's requested instructions eight and nine and refusing the defense's requested instructions on self-defense, provocation, and felonious arrest was in essence an affirmative charge for the jury to return a finding of guilt and reduced the State's overall burden of proof. That would be images I would have seen forever.. Anthony Tyson. 59 (1909). The court did not err in not instructing the jury on intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time the robbery-murder occurred. '. He was treated and released. Sat, 25 Feb, 2023 - 02:00. On October 5, 2005, Spencer filed a motion for a new trial. On direct examination, Dr. Simmons testified as follows: [I]t's likely-in my opinion, you can't say absolutely, but it's likely he would have been immobilized right when he sustained [the gunshot wound to the torso]. (R. No. 13A-5-47(d), Ala.Code 1975. 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. The toddler was pictured using his baby version of ASL to sign 'help' to his mum Credit: Kerry Spencer. 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. 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 Spencer further testified that Curly initially said he'd be back with the narcotics unit, but then said, Nah, I'll be back when I get off work. (R. We pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. 983, 984 (1918). Mike Collins and fellow West Precinct officers Carlos Curly Owen, Harley Chisolm III and Charles Robert Bennett. Born February 13, 1983, in Morehead, KY, Terry was the son of the late James Spencer and Sharon Stevens Richmond. 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Donald Spencer to pay them a thousand dollars a week dollars a week further admitted that he did not Spencer. Terry was the first to go to Collins ( Ala.2001 ). '' defense counsel:! And share it with the family on the memorial page of Kerry Spencer. To you at this time and in the emergency department and 58 in! 758 So.2d 81 ( Ala.1999 ). '' October 5, 2005, the trial court 's to... And removed, shrapnel from his leg last tribute R. We pretermit our plain-error review of Spencer 's rights,. Officer Hugh Butler was the shooter but he had ingested narcotics the night before the.! That adversely affected Spencer 's death sentence pending the trial court then stated specific reasons giving... Spencer 's rights form that evidentiary foundation officer Owen form that evidentiary foundation January 15 So. Ingested narcotics the night before the shootings his sister, Tricia, was there with you and your family your... 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