Michael Taylor. Our Location 140 Churchill Ave Wawa, Ontario P0S 1K0 Phone: (705) 856-7340 or 1-800-439-4937 Contact Us Phone: (705) 856-7340 or 1-800-439-4937 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. Kerry Spencer was sentenced to death and remains on Alabama Death Row for the murders of three police officers. 828, 829 (1909). My tears are with yours, and so are my prayers. We didnt know for sure 100 percent that it was him, so we had to get the picture, Collins said in a 2005 interview. 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. 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. He drove there to help and encountered Nathaniel Woods for the first time. Echovita offers a solidarity program that gives back the funds generated to families. Ryan Kreidler (R) -- IF, OF The first nine on this list are pretty good bets. 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. October 7, 2021 On appeal, Spencer raises a number of issues, several of which he did not first raise by timely objection in the trial court. The trial court, on return to second remand, has submitted an amended sentencing order and has again sentenced Spencer to death. We have also reviewed the propriety of the sentence of death as required by 13A-5-53(a), Ala.Code 1975. THE COURT: Well, he indicated yesterday or this morning he wasn't coming, or whoever went by to get him. (R. What is he going to do? THE COURT: How long do you think I can sit around and wait? 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. 22, 304 So.2d 263, cert. Spencer testified that he carried his SKS assault rifle with him and put it beside his leg when he took a nap. 968.) Here, although the trial court referenced the jury's recommendation that Spencer be sentenced to life imprisonment without parole, the circuit court's order did not state that the trial court found the jury's recommendation to be a mitigating circumstance and did not contain written findings concerning what weight that jury recommendation was given, or the reasons why it overrode the jury's recommendation. 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. Defense counsel requested that the trial court issue an attachment to have Cooper picked up and brought to court. Our thoughts and prayers are with you and your family during this difficult time. Because the evidence did not support a charge on heat-of-passion manslaughter, the trial court properly rejected Spencer's request for such a charge. This was the sum total of the non-statutory mitigating evidence offered by [Spencer]. That was the first time I saw him. Services Where to Begin Service Options Honoring Veterans Payment . [Defense counsel]: I can't speak for what-he's afraid of what may happen to him if he testifies. On July 6, 1958 in Oklahoma City, Ok. a baby boy was born to Odell Williams and Maxine (Major) Williams. 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. It's my understanding he has-some Hill. Kerry Spencer is a true professional. 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 . 99-403, Ala. Acts 1999, the Alabama Legislature amended 13A-5-49, Ala.Code 1975, to include, among other things, 13A-5-49(9), which provides as a statutory aggravating circumstance that [t]he defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct. In Ex parte Stephens, 982 So.2d 1148 (Ala.2006), the Alabama Supreme Court indicated that an instruction that a guilty verdict on the capital offense set out in 13A-5-40(a)(10) (two or more persons) established the existence of that statutory aggravating circumstance when the offense was committed on or after the September 1, 1999, effective date of the legislative amendment to the statute. However, Spencer does not raise those same grounds on appeal. Police watchdog called in Guelph 5:57 pm - 3,689 views; Airline ticket scam Toronto 4:19 pm - 9,735 views; Injured, charged in shootout Alberta 4:08 pm - 8,562 views; More Canada News 13A-5-52 and 13A-5-47(d), Ala.Code 1975. 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 He was preceded in death by his brother: Raymount Spencer. Spencer next argues that the trial court erred in not issuing an instanter subpoena to compel the presence of defense witness Tyran Bubba Cooper. renato's palm beach happy hour Uncovering hot babes since 1919. The evidence adduced at trial indicated the following: On July 17, 2004, Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, of the Birmingham Police Department, were shot and killed, and a fourth officer, Officer Michael Collins, also of the Birmingham Police Department, was shot but survived. THE COURT: We checked the computer and the computer doesn't show him served. 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. Turner v. State, 160 Ala. 40, 43, 49 So. 42.). P. As required pursuant to that rule, we have searched the entire proceedings and found no plain error or defect that has or probably has adversely affected any of Spencer's substantial rights. James sorry to hear of the lost of your son . KERRY SPENCER passed away in Southaven, Mississippi. Raper v. State, 584 So.2d 544 (Ala.Cr.App.1991). A viewing will be at Omega Funeral & Cremation Service, 223 SE 122nd Ave Portland, on Friday, Nov. 11, 2011 from 10 a.m. to 5 p.m. 884 (1940); Moore v. State, 54 Ala.App. 900, 903, 413 N.E.2d 378, 381 (1980).. I didnt think there was much hope., He looked back at the apartment and saw a man, later identified as Kerry Spencer, standing just outside the apartment, firing a gun at him. However, because Spencer has been sentenced to death, the lack of an objection does not bar appellate review, because this Court must review these proceedings for plain error. About Us; Staff; Camps; Scuba. A reasonable belief, generated by the attendant circumstances-circumstances fairly creating it-honestly entertained, will justify a homicide; but not an irrational belief, however honest it may be. Holley v. State, 75 Ala. 14, 19 (1883). Howard v. State, 420 So.2d 828, 832 (Ala.Cr.App.1982). My deepest sympathy to the family. (C. Obituaries week of March 1; . The email address cannot be subscribed. 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. 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. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991), aff'd, 603 So.2d 412 (Ala.1992). 418, 139 L.Ed.2d 320 (1997). Hodges v. State, 856 So.2d 875, 893 (Ala.Crim.App.2001), aff'd 856 So.2d 936 (Ala.2003). In determining whether an instruction was supported by the evidence the question is not whether the Supreme Court or Court of Criminal Appeals believes the evidence, but simply whether such evidence was presented. Id. THE COURT: Sure. 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. How long do you want me to sit around and wait on him-on some futile effort to try to get him here? OB6 Obituaries, Notices. The appellant never indicated to the court that he would need additional time to locate Williams. 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. No party may assign as error the court's giving or failing to give a written instruction, or the giving of an erroneous, misleading, incomplete, or otherwise improper oral charge, unless the party objects thereto before the jury retires to consider its verdict, stating the matter to which he or she objects and the grounds of the objection.. 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. Our thoughts and prayers are with you in your time of sorrow. 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. 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. 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). 1667.). A 1991 graduate of Tarrant High School. I'm not going to just stop with this being your last witness and sit around on something that may not even be admissible while some futile search is made for somebody who won't cooperate, doesn't want to be a witness, who's got some criminal exposure and a lawyer that I can't even track down. Ladies and gentlemen, a peace officer-and this is directly out of the Code of Alabama 1975, 13A-3-27. 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)). I will always remember you as the awesome football player with the great personality! On the morning of the shooting, he went to take a nap. Thus, the limited mandates of Ring have been satisfied in this case, because by returning a guilty verdict in case no. You are all in my prayers. You know, most folks would have called his lawyer and said, Look, I want to subpoena him. THE COURT: What is it you are asking me to do? We can't even get in touch with his lawyer. 733.) At catcher, Jake Rogers will have to fend off a challenge from Donny Sands and possibly. 698 So.2d at 205. 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. And so you have this random discharge. 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. So it's possible. See also Kennedy v. State, 240 Ala. 89, 196 So. ), aff'd 500 So.2d 1064 (Ala.1986), cert. 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. Her son, Samuel Spencer, is 13 now, but was just a 1-year-old when. 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. 408, 73 So. 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. 1088.) Take comfort in knowing that now you have a special guardian angel to watch over you. The prosecutor later clarified, and defense counsel agreed, that Cooper was not expected to testify that he was present at the apartment when the shootings occurred or that he actually witnessed the shootings.6. CC-04-4132, Spencer was convicted of intentionally attempting to cause the death of Michael Collins by shooting at him with a firearm, a violation of 13A-6-2 and 13A-4-2, Ala.Code 1975. Officer Collins identified Spencer in court as the man he saw standing outside the apartment shooting at him. Write your message of sympathy today. It is with sadness that we announce the passing of Mr. Allen McKinnon with his wife, Glenda, by his side, after a hard-fought battle with Parkinson's Disease, on Thursday, February 23, 2023 at the age of 63 years. Collins and Owen went to the back door; Chisholm and Bennett covered the front. Always - Sharetha LaJoyce Ivory*** PIG - I love you all. He was only 31 years old. Prayers from Mobile, Alabama have been sent to you'll for strength, during these difficult times. That subpoena was returned unserved on May 23, 2005, because Cooper had not been located. 670 (1898) (No convenience of the court, nor any condition of the docket of the cases for trial, can authorize the denial of [the right of the accused to compulsory process], guaranteed to him by the constitution of the State.). The trial court noted: In CC-04-4129 the jury's recommendation was nine (9) for life without parole and three (3) for death. 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. There was no evidence concerning the effects, if any, that the amounts of cocaine and other substances allegedly ingested the night before and morning of the shootings had on Spencer at the time of the shootings. Log in to a funeral home below and get started. And secondly he's your last witness. Handled paperwork and organized documents. They called Chisholm to the back to bring the warrant and photo. Domingus v. State, 94 Ala. 9, 13, 11 So. It must be shown that substantially favorable testimony would be given by the witness and that the denial of a continuance would materially prejudice the defendant. Officer Collins testified that he heard additional gunfire as he was taking cover behind his automobile and that bullets were striking his vehicle. He was treated and released. So he was going to do it because of the family. Our thoughts and prayers are with you in your time of grief. Share FacebookTwitterLinkedinEmail address Listen Follow Report this obituary She stated that she heard Spencer say What y'all doing? and then she heard two gunshots. Thus, the plain-error doctrine applies. Despite Spencer's assertions to the contrary, the instructions did not lessen the State's burden or amount to an affirmative charge for the jury to return a finding of guilt. Jerry Alexander Spencer of Olive Branch, Mississippi, passed away on Friday, October 15, 2021, at the age of 93. The first thing I said to him was, It was only a misdemeanor. 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. See Pilley v. State, 930 So.2d 550, 562 (Ala.Crim.App.2005). There was no reasonable theory to support an instruction on intoxication because there was no evidence of intoxication. Although the failure to object will not preclude our review, it will weigh against any claim of prejudice. I ain't got no papers on me. The best poems for funerals, memorial services., and cards. Obituaries. Spencer also filed a motion for reconsideration of the sentences and an amended motion for reconsideration of the sentences. However, this assertion is unsupported by the record. An independent weighing of the aggravating and mitigating circumstances indicates that death is the proper sentence. 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. Blanton testified that the suspect, who was discovered in the attic of the residence, was taken into custody. 2428, 153 L.Ed.2d 556 (2002), next argues that his sentence of death is unconstitutional. It is well settled that a trial court need not specify in its sentencing order each item of proposed nonstatutory mitigating evidence offered that it considered and found not to be mitigating. Wilson v. State, 777 So.2d 856, 892 (Ala.Crim.App.1999), quoting Williams v. State, 710 So.2d 1276, 1347 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (emphasis omitted). 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. Attachment to have Cooper picked up and brought to court the residence, was taken into custody,! In court as the awesome football player with the great personality, memorial services., and cards that. V. State, 94 Ala. 9, 13, 11 so, 603 So.2d 412 ( Ala.1992 ),! Maxine ( Major ) Williams counsel ]: I ca n't speak for what-he 's afraid of What happen... Domingus v. State, 420 So.2d 828, 832 ( Ala.Cr.App.1982 ) Honoring Veterans Payment because there was no theory... Oklahoma City, Ok. a baby boy was born to Odell Williams and Maxine ( Major ) Williams independent. Morning of the non-statutory mitigating evidence offered by [ Spencer ] is unsupported the! 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