Photos Add a photo Jacqueline Buchanan testified that she was a public safety dispatcher with the City of Fairfield. Dr. Gary Simmons testified at trial as follows: 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?, Dr. On September 23, 2005, the trial court overrode the jury's recommendations and instead sentenced Spencer to death for the capital-murder convictions (CC-04-4129, CC-04-4130, CC-04-4131, and CC-04-4833); the trial court sentenced Spencer to life imprisonment for the attempted-murder conviction in case no. However, [t]he reasonableness of an apprehension of death or great bodily injury is a question of fact for the jury. F. Wharton, The Law of Homicide, 287 at 462 (3d ed.1907). [Spencer] testified about his education, having completed the tenth grade. Her son, Samuel Spencer, is 13 now, but was just a 1-year-old when. Between 9:00 o'clock and 10:00 o'clock the next morning he drank one beer, he took one Seraquil [sic] and possibly a very small amount of powder cocaine. According to Spencer, Nate and he ran to the house where Spencer was ultimately arrested and watched television with the homeowner. Spencer relies in large part on McTerry v. State, 680 So.2d 953 (Ala.Crim.App.1996), and Ervin v. State, 584 So.2d 947 (Ala.Crim.App.1991). Officer Collins identified Spencer in court as the man he saw standing outside the apartment shooting at him. Additionally, Spencer, knowing that the officers had returned because he looked out the window, exacerbated the situation by intentionally grabbing his loaded SKS assault rifle and proceeding toward the commotion in the kitchen. 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. THE COURT: I disagree with you. Bennett joined them. Average Age & Life Expectancy Kerry Darnell Spencer lived 37 years shorter than the average Spencer family member when they died at the age of 34. Williams testified that she then saw an officer come in with his gun out and she heard a third gunshot. 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. 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. Finally, in case no. The law requires that a belief of imminent peril and urgent necessity to slay in self-defense, though it may be based on appearances, must be both well-founded and honestly entertained. According to Williams, Spencer had a big gun that he had been carrying that day and the gun was near him while he slept. Obituaries. See Thomas v. State, 15 Ala.App. . He took cover behind his police cruiser. Sgt. It was Dr. Simmons' opinion that the first shot to Officer Bennett struck his torso severing his spine which would have made it impossible for him to move, and that as he lay dying, the defendant shot Officer Bennett point blank in the face, the bullet passing through his brain. Expand the Memories and Condolences form. My thoughts and prayers are with you in your time of grief. The appellant, Kerry Spencer, was convicted of four counts of capital murder for his involvement in the shootings of four Birmingham police officers. You know, he was going to take a hit. The officers, joined by Chisholm, left to double-check that the warrant was valid. 728.) 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. To plant trees in memory, please visit the. (R. These cookies do not store any personal information. We send our deepest sympathies to you and your family. 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. Officer Collins testified that when he reached the kitchen, he saw Officer Chisolm holding Woods on the ground as if he were about to place Woods in handcuffs, and Officer Owen backed away a bit like he had him and it was over. (R. 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. I ain't got no papers on me. 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. 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 I still miss Spud. The toddler was pictured using his baby version of ASL to sign 'help' to his mum Credit: Kerry Spencer. If you know of an upcoming event for Kerry Donald Spencer, please add one. Tributes.com connects you with memorial, funeral, and obituary resources you can use online and in your local community. As this Court indicated in Odoms v. State, 359 So.2d 1162 (Ala.Crim.App.1978), a person was authorized under common law to kill an officer in resisting an unlawful arrest only where necessary to save his own life or to save himself from serious bodily harm, provided that the necessity was real or apparent. 1038, 84 L.Ed.2d 1 (1985), the plain-error doctrine applies only if the error is particularly egregious' and if it seriously affect[s] the fairness, integrity or public reputation of judicial proceedings. See Ex parte Price, 725 So.2d 1063 (Ala.1998), cert. You will be greatly missed. Spencer testified that he carried his SKS assault rifle with him and put it beside his leg when he took a nap. If you know of an upcoming event for Kerry Spencer Shoemaker, please add one. Peraita v. State, 897 So.2d 1161, 1198 (Ala.Crim.App.2003). Spencer stated that he was awakened from his nap by a commotion in the back of the apartment, so he looked out the front bedroom window and saw that the police had returned. Several of the officers who responded to the double-aught call testified at trial. Leave a sympathy message to the family on the memorial page of Kerry Donald Spencer to pay them a last tribute. Because the evidence was proper to establish factors such as motive and intent, we find no plain error in the trial court's failure to sua sponte issue a limiting instruction as to the complained-of evidence. Officer Clifton stated that the 9mm Beretta handgun was damaged. English (859) 233-1400 English. Evidence that someone was drinking an alcoholic beverage is not evidence that that person was intoxicated. It was originally set for trial on April 11, the same day this was to be tried, this particular case to be tried. 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. It is the finding of this Court that there is no error in the sentencing that adversely affected Spencer's rights. He put out a double aught call, the most drastic request for backup an officer can make. McTerry, 680 So.2d at 955. Kerry Farmer SUMMERVILLE - Kerry Farmer, 77, of Summerville, husband of Judy Farmer, passed away on Friday, January 20, 2023. However, in light of the many levels of judicial scrutiny ahead in this case, we conclude it proper to ask the trial court to clarify its sentencing order as to this point on remand. The trial court overruled Ervin's motion for a mistrial on the grounds that one witness's current whereabouts were unknown and that Ervin's rights were not violated with regard to the second witness because Ervin had presented other evidence corroborating his claim that the shootings were in self-defense. See, e.g., Harris v. State, 2 So.3d 880 (Ala.Crim.App.2007) (death penalty imposed upon conviction of capital murder for the killing of two or more persons pursuant to one course of conduct or a series of acts); Woods v. State, 13 So.3d 1 (Ala.Crim.App.2007) (death penalty imposed upon conviction of capital murder in the shooting deaths of four Birmingham police officers); McNabb v. State, 887 So.2d 929 (Ala.Crim.App.2001), aff'd 887 So.2d 998 (Ala.2004) (death penalty imposed upon conviction of capital murder for the killing of a Montgomery police officer). Nathaniel Woods wasnt going to agree with anything we said that day., Woods ran back into the apartment. Receive obituaries from the city or cities of your choice. 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. denied, 522 U.S. 969, 118 S.Ct. He has a legal right to invoke the Fifth Amendment if his lawyer advises him to do that. Additionally, the initial arguments were between Woods and officers; Spencer willingly joined in the verbal jousting, and again continued his verbal sparring with a second officer even though the first officer had, according to Spencer, made threatening comments. Defense counsel averred that a subpoena had been issued on May 17, 2005, to secure the presence of Cooper as a witness at trial. Would you like to offer Kerry Spencer Shoemakers loved ones a condolence message? 1415.) (Arrangements entrusted to Kerry Funeral Home Ltd., Wawa, Ontario 705-856-7340). Dumas stated that Belser was the doorman and that he was the assistant doorman in that they answered the back door for people who came to the house to buy drugs; they would take the money from the individual and turn it over to Woods or Spencer; Woods or Spencer would then hand them the drugs; and they would in turn hand the drugs to the customer. To constitute adequate legal provocation, it must be of a nature calculated to influence the passions of the ordinary, reasonable man, Biggs v. State, 441 So.2d 989, 992 (Ala.Crim.App.1983)., Hafford v. State, 674 So.2d 1386, 1390 (Ala.Crim.App.1995).. They are irritated. She further testified that two seconds later, at 1:24:36 p.m., a call of [s]hots fired was made, and a second [s]hots fired transmission was made four seconds after the first, at 1:24:40 p.m.; and that at 1:25:20 p.m., Officer Collins radioed his double aught, double aught emergency call for assistance. The defendant then went to sleep and slept until the officers arrived around 1:00 p.m. that afternoon. Giving to charity is a meaningful way to honor someone who has died. Finally, Spencer argues that the jury-verdict-override sentencing scheme of Alabama's capital-murder statute is unconstitutional for a number of reasons. We can't even get in touch with his lawyer. Defense counsel requested that the trial court issue an attachment to have Cooper picked up and brought to court. 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. In Sneed v. State, 1 So.3d 104 (Ala.Crim.App.2007), this Court addressed a similar issue; after discussing the Supreme Court's holdings in Taylor and Carroll, this Court stated: In Ex parte Carroll, the supreme court held that a jury's recommendation of imprisonment for life without the possibility of parole must be considered as a mitigating circumstance. Because the specific grounds now raised on appeal were not properly raised at trial, we review Spencer's claim for plain error. Markesha Williams testified that she had been at the apartment the night before the shootings and both times the officers came to the apartment on the day of the shootings. KERRY SELLERS OBITUARY. So I issue an instanter subpoena, what are we going to do? Please accept Echovita's sincere condolences. Spencer stated that he looked out the back door and saw Officer Collins at the back of the apartment with his gun drawn and that Officer Collins ran behind his police car. I dont know, and I can never prove it, but Im not 100 percent sure that Carlos didnt push me, or give me a shove out the door., Your email address will not be published. No bond is as great as that between a parent and child. Officer Collins stated that he heard Woods yell, I give up. They found an SKS assault rifle outside the front door of the apartment, and a number of guns inside in plain view. According to Dumas, Spencer fired the weapon on the night before the shootings and essentially kept it in his possession from the time he purchased it until the shootings the following day. Draw freely from the well of peace and strength for the supply is unsurpassed even in times like these. 884 (1940); Moore v. State, 54 Ala.App. Share FacebookTwitterLinkedinEmail address Listen Follow Report this obituary 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. 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). Obviously he's afraid of the police. King v. State, 71 Ala. 1, 4 (1881). Clearly, the facts in this case differ from those in the authority on which Spencer relies, i.e., Ervin and McTerry. See Rule 17.5, Ala.R.Crim.P., ([a]ny witness who, after being subpoenaed, fails to appear may be attached by order of the court) and 12-21-182(a) (the attendance of such witness may be compelled by attachment). 1689.) 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. Although the evidence in the record supports the trial court's conclusion that the mitigating circumstance in 13A-5-51(6), Ala.Code 1975, was not present, we question the propriety of the assertion that [t]here 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. (Emphasis added.) Scott v. State, 34 Ala.App. German government ministries run by the Green Party emit by far the most CO2 when it comes to government flights. Always stand on the solid rock, Jesus! My deepest sympathy to the family. Aoife, from Moyvane, Co Kerry, and Eoin, Abbeyfeale, Co . Dr. Gary Simmons, a forensic pathologist with the Jefferson County coroner's office, testified that he performed the autopsies on all three officers and concluded that each had died of multiple gunshot wounds. Woods and Kerry Spencer were convicted of capital murder and sentenced to death in the slayings of the three Birmingham officers. 733.) Thats when it hit me I should be dead, he said in 2005. Obituary of Warren Reginald Spencer. 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. 2348, 147 L.Ed.2d 435 (2000), was not violated because the jury's verdict in the guilt phase found that fact to exist beyond a reasonable doubt). Bucky McMillan, while serving on active-duty status as a judge of this court under the provisions of 12-18-10(e), Ala.Code 1975. She was described as a real doll. The officers' deaths in a hail of gunfire rocked Alabama's . Spencer testified that they continued cursing at each other and that Curly said, Don't let me find a reason to come in this apartment. (R. Spencer attended Chattanooga Central High School and was a. To plant Memorial Trees in memory of Perry Calvin Spencer, please click here to visit our Sympathy Store . 2984, 165 L.Ed.2d 990 (2006). 968.) 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. It would soon become the deadliest day in the departments history.Collins, then 37 and not yet a sergeant, had worked in the West Precinct for 10 years after leaving the Army, having served stints in Berlin and Operation Desert Storm. Spencer stated that Curly put his badge back on his uniform and that Curly and Officer Collins drove away in their vehicles. Show me the papers. (R. [I]t is a question for the jury to satisfy itself from all the evidence in the case whether or not the defendant was in imminent and manifest danger either of losing his own life or of suffering grievous bodily harm, or that it appeared so to the mind of a reasonable man. Dilburn v. State, 16 Ala.App. and Fuck you. May your many memories bring you comfort. It was a split second decision. I am greatful to have shared fond memories of high school with Kerry and Cammy. 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. Authorize the publication of the original written obituary with the accompanying photo. 1965, 95 L.Ed.2d 537 (1987).. Send simple, comforting meals with Home Chef. [Assistant defense counsel]: There are three attempted murders. How long do you want me to sit around and wait on him-on some futile effort to try to get him here? On October 5, 2005, Spencer filed a motion for a new trial. Washington stated that someone inside the apartment and some of the officers engaged in a conversation at the back door of the apartment, that Officer Owen said that they had a warrant, and that he heard someone inside the apartment tell the officers they could not come in without a warrant; he further testified that another officer came from the front to the back door and snatched the door open without saying anything about having a warrant, and the officers then proceeded inside. Thus, [u]nder 13A-1-9(b), Ala.Code 1975, a trial judge is not required to instruct on a lesser-included offense unless there is a rational basis for a verdict convicting the defendant of the included offense. Harris, 2 So.3d at 912, quoting Pilley, 930 So.2d at 563. May your memories bring you comfort. Spencer stated that he went to the window and that Nate and he were both cursing at Curly, telling him to leave; according to Spencer, after he said a few curse words to Curly, Curly told him, Yeah, there's enough body bags for you too. (R. denied, 293 Ala. 768, 304 So.2d 268 (1974); Sterrett v. State, 31 Ala.App. I'll fuck you up. It is well settled that even where the defendant commits the killing due to a sudden heat of passion, an instruction on manslaughter is properly refused where there is no evidence that that sudden heat of passion was caused by a provocation recognized by law. See, e.g. According to Dumas, when he began walking back to the apartment, he saw a large number of police officers, so he continued walking to a different location. Although there was evidence that the appellant had been drinking beer on the day of the robbery-murder, there was no evidence concerning the quantity of beer he consumed that day at the time of the murder. THE COURT: First of all, the officers are there on a lawful arrest warrant. Blanton testified that the suspect, who was discovered in the attic of the residence, was taken into custody. (R. Officer Collins testified that he was unable to proceed through the apartment to the front door because Woods and Officers Chisolm and Owen were blocking the doorway, so he turned to go out the back door to go around the apartments to the front to assist Officer Bennett. I knew it wasnt Nathaniel, and I was like, Who the hell is that? , Spencer continued to fire. 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. 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. In the next paragraph of the sentencing order, however, the court stated, The Court considered the evidence presented by the defendant as evidence of non-statutory mitigating factors. (C. A trial judge may properly refuse to charge the jury on self-defense where he determines that the defendant could not set up self-defense under the facts. Consford v. State, 15 Ala.App. Spencer further stated that he did not stop shooting until the officers were down. And specifically that Tyran Cooper was a drug supplier. denied, 510 U.S. 905, 114 S.Ct. According to Spencer, he looked out the window and saw Curly. At that point, Officer Bennett was paralyzed and would not have been able to move to touch his leg.. Education Syracuse University. Services will be held Tuesday May 31st, at 10:00, at Lutheran Church of Hope, 925 Jordan Creek. 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. 733.) God will give you comfort and strength at this time of great loss. The record clearly shows that more than sufficient time had elapsed between the time the last drugs or alcohol was ingested and the shooting.. Mike Collins and fellow West Precinct officers Carlos Curly Owen, Harley Chisolm III and Charles Robert Bennett. I.E., Ervin and McTerry Wawa, Ontario 705-856-7340 ) do you me... To try to get him here around and wait on him-on some futile to! Subpoena, what are we going to do that from those in the sentencing that adversely Spencer... Have shared fond memories of High School and was a personal information heard a third gunshot &. 930 So.2d at 563 to touch his leg.. education Syracuse University add a photo Jacqueline Buchanan testified she! 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