Instead, he ran out the back door to make his way to Bennett. Vicky Young, a dispatcher with the Birmingham Police Department, testified that she informed Officer Chisolm over the radio that the warrant was still outstanding. The trial court cited several reasons for overriding the jury's recommendation. denied, 508 U.S. 953, 113 S.Ct. So it's possible. He was a lifelong area resident and a graduate of the Warren . Born on January 22, 1928, in Wichita Falls, Texas, to A.A. (Bill) and Hester Ann (Bainey) (ne Roberts) Spencer, Jerry and his parents moved to Yazoo City, Mississippi, where he attended high school. 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. Ervin, 584 So.2d at 949. 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. I knew then. Snyder v. State, 893 So.2d 488, 548 (Ala.Crim.App.2003); see also Belisle v. State, 11 So.3d 256, 308 (Ala.Crim.App.2007); and Harris v. State, 2 So.3d 880, 910 (Ala.Crim.App.2007). denied, 244 Ala. 367, 13 So.2d 780 (1943). You know, most folks would have called his lawyer and said, Look, I want to subpoena him. Spencer further argues that the trial court's amended sentencing order improperly states (a) that the only evidence offered as nonstatutory mitigation evidence was Spencer's testimony at the sentencing hearing, (b) that there was no evidence presented that Spencer's capacity to appreciate the criminality of his conduct or to conform his conduct to the requirement of law was substantially impaired during the commission of this offense, and (c) that the undisputed evidence indicated that it would have been impossible for Officer Bennett to have moved after being paralyzed by the first gunshot he sustained. 742, 136 L.Ed.2d 680 (1997)). Spencer stated that Curly put his badge back on his uniform and that Curly and Officer Collins drove away in their vehicles. Here, the murders were committed years after the effective date of 13A-5-49(9). Leave a sympathy message to the family on the memorial page of Kerry Donald Spencer to pay them a last tribute. At that point, Officer Bennett was paralyzed and would not have been able to move to touch the defendant's leg. 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. There was no reasonable theory to support an instruction on intoxication because there was no evidence of intoxication. They are irritated. Kerry Spencer Castle, 59, of Travelers Rest, passed away on Tuesday, June 09, 2020, riding his favorite Ducati. Harry was born May 1927 in Staten Island New York, to parents Margaret and Henry Spencer. 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. His family is . 13A-5-52 and 13A-5-47(d), Ala.Code 1975. 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. 17.) My thoughts and prayers are with you in your time of grief. As with the two above-discussed portions of the amended sentencing order, what weight and credibility to assign the evidence rests with the trial court. The average age of a Spencer family member is 71. Sgt. According to Officer Jacobs, after he advised Spencer of his Miranda4 rights, Spencer agreed to speak with officers. 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. All rights reserved. Thus, although Spencer may not have formally requested a continuance, the actions he sought the trial court to undertake, of necessity, were the functional equivalent of a continuance. 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. They told Woods to come out. I'll fuck you up. Finally, we cannot say that the trial court would have been in error to have determined that the additional evidence was mitigating but still to have concluded that the imposition of the death penalty was proper. 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 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. Calhoun v. State, 932 So.2d 923, 975 (Ala.Crim.App.2005), cert. I will always remember you as the awesome football player with the great personality! He loved telling stories, spending time with his grandchildren, playing cribbage and helping people. [Defense counsel]: They don't show either way on this one, Judge. [Defense counsel]: Yes, he has. The evidence from trial showed that the defendant ran out the back door of the apartment as he fired at Officer Collins as he took cover behind his patrol car. He has three attempted-murder charges against him that are pending. Audra Tieara,Allegra & Joseph Antwine/Johnson. Kevin Towles. Blanton testified that the suspect, who was discovered in the attic of the residence, was taken into custody. According to Williams, Spencer jumped up, looked out the bedroom window and then came out of the bedroom and peeked around the corner to see what was taking place. BASCHAB, P.J., and SHAW, WISE, and WELCH, JJ., concur. Photos Add a photo Scott v. State, 34 Ala.App. At that point, Officer Bennett was paralyzed and would not have been able to move to touch his leg.. According to Washington, he saw the officers pull up and approach the apartment, but he denied speaking to them, saying that he stayed quiet because there was a warrant for his arrest. Parsons v. State, 251 Ala. 467, 38 So.2d 209 (1948). BRASILIA, Brazil (AP) The U.S. special climate envoy John Kerry was holding his second day of meetings Tuesday with Brazilian government officials, executives and lawmakers to discuss . They found an SKS assault rifle outside the front door of the apartment, and a number of guns inside in plain view. 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. SPENCER, Warren Reginald "Reg" - Passed peacefully on Wednesday October 14, 2020 at the age of 80 years. denied, 524 U.S. 929, 118 S.Ct. Before reweighing the aggravating and mitigating circumstances in his amended sentencing order on return to second remand, the trial judge clearly stated that he had determined that the evidence concerning the testimony of Spencer's mother and uncle did not constitute mitigating evidence, nor did Spencer's proclamation of remorse and his apology to the victims' families. Brantley Funeral Home. In the absence of evidence tending to show both that the appellant was in actual or apparent imminent peril and that he was unable to retreat, it is assumed that he was not in such peril and that he was able to retreat. . Darryl Turner. 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. You know, that occasionally happens. The question is not merely what the defendant believed, but also, what did he have the right to believe. Alabama Code 1975, 13A-3-23 Commentary. According to Spencer, Curly took off his badge and told them to come out, to which Nate responded that they were not stupid, at which time Carolyn Slaughter walked over to Curly and intervened, telling Curly to stop acting like that and to put his badge back on. 2428, 153 L.Ed.2d 556 (2002), next argues that his sentence of death is unconstitutional. 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. No. Dumas identified the SKS assault rifle as the weapon Spencer had purchased on the night before the shootings. Kerry was employed by Mayer Electric for 13 years. View Tribute Book Share Your Memory of . Thus, the limited mandates of Ring have been satisfied in this case, because by returning a guilty verdict in case no. If you know of an upcoming event for Kerry Spencer Shoemaker, please add one. 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