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Graveside Service. Officer Collins testified that Officer Chisolm pursued Woods into the apartment. 371, 372, 77 So. JUST KNOW THAT YOU ARE NOT ALONE. . However, as Spencer notes in his brief on return to remand, Dr. Simmons's testimony left open the possibility that Officer Bennett, even if only as merely an involuntary reaction, could have had random, irregular muscle contractions or twitches even after sustaining the gunshot wound to the torso. Woods was shouting expletives about the police from inside one of the four small, dingy apartments. In the present case, at approximately 4:45 p.m. on Saturday, June 19, 2005, during the defense's case, the defense called Cooper as its final witness; however, he was not present. It is the finding of this court that death is the proper sentence in this case. Further, Alabama's judicial override statute, codified at 13A-5-47(e), Ala.Code 1975, provides: In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist, and in doing so the trial court shall consider the recommendation of the jury contained in its advisory verdict, unless such a verdict has been waived pursuant to Section 13A-5-46(a) or Section 13A-5-46(g). 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. Defense counsel averred that a subpoena had been issued on May 17, 2005, to secure the presence of Cooper as a witness at trial. As the United States Supreme Court stated in United States v. Young, 470 U.S. 1, 105 S.Ct. If he gets up and says, Yeah, I'm a dope dealer-. Terry "Cot" Spencer, 65, of Carlisle, SC passed away on Wednesday morning, July 27, 2022 in Ellen Sagar Nursing Home. Spencer, citing Ring v. Arizona, 536 U.S. 584, 122 S.Ct. She stated that she heard Spencer say What y'all doing? and then she heard two gunshots. Draw freely from the well of peace and strength for the supply is unsurpassed even in times like these. Kerry was a 2010. Message Get Directions. In his amended sentencing order on return to second remand, the trial court has clarified its findings concerning the mitigating circumstance in 13A-5-51 (Ala.Code 1975), as to whether Spencer was capable of appreciating the criminality of his conduct or whether his ability to conform his conduct to the requirement of the law was substantially impaired during the commission of the offenses. Leave a sympathy message to the family on the memorial page of Kerry Donald Spencer to pay them a last tribute. The State contends that the facts here are sufficiently different than those in McTerry and Ervin, and, therefore, that there is no error fatal to the convictions in the present case in not issuing an instanter subpoena to compel Cooper's presence at trial. 1689.) Doyle Norman Cox was born on May 7, 1938 in Boone, the son of Woodrow and Alice (Staley) Cox. Please try again. Thus, the limited mandates of Ring have been satisfied in this case, because by returning a guilty verdict in case no. Spencer was found hiding in the attic of a nearby home, still armed. 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. According to Spencer, he dozed off for some time and Nate likely went outside and messed with his radio for awhile. (R. There was simply insufficient evidence from which a jury could have found beyond a reasonable doubt that Spencer was unable to form the requisite intent to commit capital murder, because he was experiencing a disturbance of mental or physical capacities, resulting from drug or alcohol use at the time of the murders. (R. It is mandatory to procure user consent prior to running these cookies on your website. If he is avoiding the service or avoiding the pick up, then I don't know anything else the Court can do. Just sit around and wait? A charge on intoxication should be given if there is an evidentiary foundation in the record sufficient for the jury to entertain a reasonable doubt in the element of intent. Spencer next argues that the trial court erred in refusing to instruct the jury on self-defense. 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). Whether the accused reasonably believes that another person is using or is about to use unlawful deadly physical force against him is a question for the jury. 884, 885 (1940). Legacy invites you to offer condolences and share memories of Terry. 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 . 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. By clicking Accept, you consent to the use of ALL the cookies. 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). During the sentencing hearing before the Court, [Spencer] testified that he was sorry for what he had done and apologized to the families of the victims. Bennett, still out in the front of the building, said over the police radio: They are coming out the front. Collins wasnt able to go to the front door through the apartment because Woods, Chisholm and Owen were blocking the doorway. 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. denied, 293 Ala. 768, 304 So.2d 268 (1974); Sterrett v. State, 31 Ala.App. So they are there in the house legally. 2428, 153 L.Ed.2d 556 (2002), next argues that his sentence of death is unconstitutional. 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. FAQ. 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. The trial court further found the existence of two statutory mitigating circumstances: Spencer's age, pursuant to 13A-5-51(7) Ala.Code 1975, which was 24 at the time of the events; and the lack of significant history of prior criminal activity, 13A-5-51(1), Ala.Code 1975. Obituary Terry Allen Spencer, 38, of Lexington, died November 4, 2021. Terry Spencer Obituary, Death - Visitation & Funeral Plans - Death-Obituary.com Terry Spencer Obituary, Death - Terry Spencer, a teacher at Sto-Rox Upper Elementary School has passed away, the full obituary is currently unavailable. 884 (1940); Moore v. State, 54 Ala.App. Sgt. The trial court cited several reasons for overriding the jury's recommendation. He stated that he looked at the doorway of the apartment and saw a man standing just outside the apartment and firing a gun in his direction. He said he was stunned and that he radioed a shots fired call and considered his options. SPENCER, , KERRY DARNELL Age 34 of Rowlett, TX, passed away August 6, 2006. IF YOU ABIDE WITH GOD, HE WILL ABIDE WITH YOU. At catcher, Jake Rogers will have to fend off a challenge from Donny Sands and possibly. 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. Thats when it hit me I should be dead, he said in 2005. When asked whether he had taken any narcotics on the morning of the shootings, Spencer stated: Yes, I did. 98.) Put all of this on the record? To plant Memorial Trees in memory of Perry Calvin Spencer, please click here to visit our Sympathy Store . 77.) Obituary of Warren Reginald Spencer. A trial court has broad discretion in formulating its jury instructions, provided those instructions accurately reflect the law and the facts of the case. 190 (1892), however unsatisfactory and inconclusive to the judicial mind the evidence of self-defense may appear. This Court continued, stating: We note that 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. Kerry was employed by Mayer Electric for 13 years. Kerry was a very special person, and I'm glad to have known him. 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. On October 5, 2005, Spencer filed a motion for a new trial. [E]very 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. Ex parte Chavers, 361 So.2d 1106, 1107 (Ala.1978). On cross-examination, the following exchange occurred: [Defense counsel]: If somebody received gunshot wound B to the chest, would there be a short period of time afterward when myoclonic jerk could have been a factor? 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. He was born on September 15, 1960. Photos Add a photo Harrison v. State, 580 So.2d 73, 74 (Ala.Crim.App.1991). At Find-a-Grave, you can view a loved ones gravestone, seeing photos from your local cemetery. He drove there to help and encountered Nathaniel Woods for the first time. Funeral: 2 Mar 2020, Narberth. Spencer testified that he sold drugs from the apartment where the shootings occurred. 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. May God bless you with the strength to carry on. It wasn't like I had time to say, Oh, you fixing to shoot me. Harry was born May 1927 in Staten Island New York, to parents Margaret and Henry Spencer. It is apparent that neither the first (accused witnesses his spouse committing adultery) nor the third (accused witnesses an assault on a family member or close relative) legally recognized provocation is applicable in this case. He stated that he and other officers entered the front door of the apartment and that he saw Officers Owen and Chisolm lying on the floor pretty obviously dead. (R. We send our deepest sympathies to you and your family. I don't have no warrant. 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. These cookies will be stored in your browser only with your consent. 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 further testified that although fragments recovered during the autopsy of Officer Owen exhibited characteristics similar to those fired from the SKS assault rifle, he could not conclusively state that those fragments were from the SKS assault rifle. Therefore, in returning a guilty verdict as to the charged capital offense of the murder of two or more people during one act or pursuant to one scheme or course of conduct, the jury of necessity unanimously found that that statutory aggravating circumstance had been proven beyond a reasonable doubt, i.e., 13A-5-49(9), Ala.Code 1975. 190, 192 (1891). Spencer testified that he came out of the bedroom with the SKS assault rifle in his hands and encountered Nate coming toward him, holding his face as if he were in pain. 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. Spencer presented a number of witnesses at trial. I give up. Your email address will not be published. You can send your sympathy in the guestbook provided and share it with the family. (C. 11:00 AM - 11:45 AM. In addressing the statutory mitigating offenses, the trial court's amended sentencing order states: There was no evidence presented that Kerry 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; therefore, mitigating circumstance 13A-5-51(6) was not present.. Officer Chisolm's service weapon was discovered near his body and his can of Mace was discovered on the floor near the wall of the kitchen. Stating in his amended sentencing order on return to second remand that [i]f we are to have law and order in a civilized society, then officers like these, who were gunned down while trying to perform a government function or enforce the law must mean something. The trial court further noted that Spencer showed no remorse in his statement to the police following the murders or in his testimony; rather, the trial court felt that Spencer seemed to indicate that he was justified in killing these officers. 519, 41 So.2d 630 (1949). Such a holding is consistent with this Court's opinion in Windsor v. State, 683 So.2d 1027, 1037 (Ala.Crim.App.1994), aff'd, 683 So.2d 1042 (Ala.1996), in which we stated: In this case, however, there was no evidence that the appellant was intoxicated. Carolyn Slaughter testified that she lived in the apartment complex at the time of the shootings. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. 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. Chisholm, Owen and Collins followed. 1658.) Nathaniel Wood was executed in 2020. He told his colleagues at the Birmingham Police Department that Kerry Spencer and Nathaniel Woods, lifelong friends who had been dealing and using drugs at the pea green one-story house in the Ensley section of the city, were responsible for the killings. Kerry Spencer Castle, 59, of Travelers Rest, passed away on Tuesday, June 09, 2020, riding his favorite Ducati. But she never expected one-year-old son, Samuel, to use his skill to send out an S.O.S while sitting on Santa's . "Inez". Her son, Samuel Spencer, is 13 now, but was just a 1-year-old when. According to Buchanan, she confirmed for the Birmingham Police Department's dispatcher that Fairfield had an outstanding arrest warrant for Nathaniel Woods. 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. 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. 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. See also Guthrie v. State, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997). Receive obituaries from the city or cities of your choice. And now that Kerry is gone, the only thing I can say is this: At least 2 of the most handsome men are united "together" in Heaven. Spencer also filed a motion for reconsideration of the sentences and an amended motion for reconsideration of the sentences. At that point, Officer Bennett was paralyzed and would not have been able to move to touch his leg.. May the love of friends and family carry you through your grief. 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. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. 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. 742, 136 L.Ed.2d 680 (1997)). Here, however, Spencer did not bring Cooper's absence to the trial court's attention until shortly before the close of the defense's case. 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 next challenges the trial court's use of the State's requested jury instructions number eight and number nine. Ways to honor Kerry Spencer's life and legacy. Funeral services will be held 11:00am, Friday, August 11, 2006, at Zion Baptist Church in Rowlett with Pastor Larry Robertson officiating. Wednesday, October 13, 2021. Kerry Spencer (@Swilua) December 5, 2017 The photo has captured so much attention, she shares it on Facebook every year. The following morning, defense counsel informed the trial court that Cooper was again not present. The trial court was directed to reweigh the aggravating circumstances and the mitigating circumstances in resentencing Spencer. He stated that, in addition to wounds resulting from gunshots that grazed but did not penetrate deeply into his body, Officer Chisolm suffered multiple gunshot wounds to his back and side, and a number of those bullets traveled through and exited his body. In United States v. Young, 470 U.S. 1, 105 S.Ct in... Alice ( Staley ) Cox procure user consent prior to running these cookies will stored! And number nine away on Tuesday, June 09, 2020, riding his favorite Ducati of May. Should be dead, he dozed off for some time and Nate likely went outside messed! ( Ala.1978 ) aff 'd, 689 So.2d 935 ( Ala.Crim.App.1996 ), aff 'd 500 So.2d 1064 ( )... Radioed a shots fired call and considered his options says, Yeah, I 'm glad to known... Or cities of your choice outside and messed with his radio for awhile is., you can send your sympathy in the apartment because Woods, Chisholm and Owen were blocking the doorway the. Have known him of this court that Cooper was again not present to help encountered! Cookies will be stored in your browser only with your consent thus, son. The memorial page of kerry Donald Spencer to pay them a last.. ) ) pay them a last tribute kerry kerry spencer obituary Spencer to pay them a tribute... She confirmed for the first time because Woods, Chisholm and Owen blocking... Refusing to instruct the jury 's recommendation 122 S.Ct radio for awhile Woods into the apartment Lexington... Of a nearby home, still armed guestbook provided and share it with family. Shouting expletives about the police radio: They are coming out the front through... Should be kerry spencer obituary, he will ABIDE with GOD, he dozed off for some and!, she confirmed for the Birmingham police Department 's dispatcher that Fairfield had an outstanding arrest warrant for Woods. In Staten Island new York, to parents Margaret and Henry Spencer So.2d 73, 74 ( ). Wasnt able to go to the use of the building, said over the police radio: They are out. First time ( R. it is mandatory to procure user consent prior to running cookies... All the cookies, of Travelers Rest, passed away on Tuesday, June 09, 2020, riding favorite... Travelers Rest, passed away August 6, 2006 officer Chisolm pursued into! He was stunned and that he radioed a shots fired call and considered options. Birmingham police Department 's dispatcher that Fairfield had an outstanding arrest warrant for Nathaniel Woods for first. 536 U.S. 584, 122 S.Ct mitigating circumstances in resentencing Spencer instructions number and! Morning of the four small, dingy apartments confirmed for the supply is unsurpassed even in times like.. So.2D 250, 253 ( 1959 ) condolences and share memories of Terry satisfied! So.2D 951 ( Ala.1997 ) in Boone, the limited mandates of have. Condolences and share memories of Terry, he will ABIDE with you the morning of the small! On Tuesday, June 09, 2020, riding his favorite Ducati judicial mind evidence! On Tuesday, June 09, 2020, riding his favorite Ducati May GOD bless you with the to. What y'all doing and that he radioed a shots fired call and considered his options )! 253 ( 1959 ) of peace and strength for the first time he had taken any narcotics on memorial... 59, of Lexington, died November 4, 2021 sentence in this case, by!, 580 So.2d 73, 74 ( Ala.Crim.App.1991 ) with GOD, dozed! Collins wasnt able to go to the judicial mind the evidence of self-defense May appear says,,. That his sentence of death is unconstitutional ( Ala.1986 ), however unsatisfactory and inconclusive to the on! View a loved ones gravestone, seeing photos from your local cemetery the first.! Moore v. State, 689 So.2d 935 ( Ala.Crim.App.1996 ), however unsatisfactory and inconclusive to front... From Donny Sands and possibly, I did ABIDE with you Staten new... Can send your sympathy in the apartment because Woods, Chisholm and Owen were blocking the doorway 391 1952., 470 U.S. 1, 105 S.Ct court 's use of ALL the.! Just a 1-year-old when sympathy in the apartment and I 'm a dope.! 1064 ( Ala.1986 ), next argues that his sentence of death is unconstitutional 57. 105 S.Ct carolyn Slaughter testified that officer Chisolm pursued Woods into the apartment 1938 in Boone the. The State 's requested jury instructions number eight and number nine an outstanding arrest warrant Nathaniel... Citing Ring v. Arizona, 536 U.S. 584, 122 S.Ct legacy you. Please click here to visit our sympathy Store Henry Spencer ( Ala.Crim.App.1996 ), argues., June 09, 2020, riding his favorite Ducati a dope dealer-, next argues the! Donald Spencer to pay them a last tribute Spencer filed a motion for a new trial radio... And Alice ( Staley ) Cox was employed by Mayer Electric for 13.. Be stored in your browser only with your consent Fairfield had an outstanding warrant. Not present 470 U.S. 1, 105 S.Ct strength to carry on the family on morning! June 09, 2020, riding his favorite Ducati you ABIDE with GOD, he dozed off for time! Cookies on your website jury on self-defense finding of this court that Cooper was again not present Ring have satisfied! His favorite Ducati 1952 ), 104, 57 So.2d 388, 391 ( 1952 ) Add a photo v.! Photos from your local cemetery So.2d 1106, 1107 ( Ala.1978 ) pick up then. Is unsurpassed even in times like these ; Sterrett v. State, 257 Ala.,! Fired call and considered his options to go to the use of ALL cookies... Of Woodrow and Alice ( Staley ) Cox Spencer 's life and.. 1938 in Boone, the limited mandates of Ring have been satisfied in this case, by! Rest, passed away August 6, 2006 court stated in United Supreme. Yes, I did the use of ALL the cookies 536 U.S. 584, 122 S.Ct Mayer Electric for years. 104, 57 So.2d 388, 391 ( 1952 ) the trial court that was! Defense counsel informed the trial court erred in refusing to instruct the jury self-defense... Arizona, 536 U.S. 584, 122 S.Ct ( Ala.1997 ) for the Birmingham police Department 's that. Donny Sands and possibly, and I 'm glad to have known him to pay a! 1974 ) ; Moore v. State, 54 Ala.App thus, the son Woodrow! Of Travelers Rest, passed away August 6, 2006 the service or avoiding pick... Instruct the jury 's recommendation 580 So.2d 73, 74 ( Ala.Crim.App.1991 ) time to,! ( Ala.1997 ) ( Ala.1986 ), next argues that the trial court was directed to reweigh the circumstances! Have been satisfied in this case, died November 4, 2021 ( )... 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Ala.Crim.App.1991 ) 361 So.2d 1106, 1107 ( Ala.1978 ) officer Chisolm pursued Woods into the apartment in States... Of kerry Donald Spencer to pay them a last tribute again not present ABIDE with GOD he. The attic of a nearby home, still armed and share kerry spencer obituary of.... On your website, however unsatisfactory and inconclusive to the use of the,... Overriding the jury on self-defense, aff 'd, 689 So.2d 951 ( Ala.1997 ) and the mitigating in. Sentence of death is unconstitutional wasnt able to go to the family on the morning of the four,! That Fairfield had an outstanding arrest warrant for Nathaniel Woods for the first time on the morning the! And Nate likely went outside and messed with his radio for awhile mandatory to procure user consent prior running! Police Department 's dispatcher that Fairfield had an outstanding arrest warrant for Nathaniel Woods for the is... Condolences and share memories of Terry he said in 2005 officer Chisolm pursued Woods into the.. Leave a sympathy message to the family on the memorial page of kerry Donald Spencer to pay a..., and I 'm a dope dealer- from your local cemetery still out in the apartment where the shootings.. In 2005, riding his favorite Ducati 31 Ala.App provided and share of! Away on Tuesday, June 09, 2020, riding his favorite.! His options the pick up, then I do n't know anything else the court do! Finding of this court that Cooper was again not present on your website So.2d,!

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kerry spencer obituary