kerry spencer obituary

Wednesday, February 22, 2023 Spencer D. Smith Spencer D. Smith, 82, of Chattanooga, passed away on Sunday, February 19, 2023. Over 100 people are waiting on a trolley today at University Hospital Limerick for the second time this week. Officer Jody Jacobs of the Birmingham Police Department testified that he interviewed Spencer at the police station after Spencer was taken into custody. 1659.) Prepare a personalized obituary for someone you loved.. September 6, 1956 - We pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. 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. He was preceded in death by his parents, Odell and Maxine Williams, two half sisters LaDell Williams and Lenora Tipton. The law is well-settled that a motion for a continuance, even when based on an absent witness, is addressed to the sound discretion of the trial court. McTerry v. State, 680 So.2d at 956. Just inside the kitchen, Chisholm got Woods down on the floor as if he was about to handcuff him, and Woods yelled, I give up. However, in our first opinion remanding this case, this Court had noted that there was evidence at trial that Spencer had ingested cocaine, Seraquel, and alcohol on the morning of the shootings, and that the State had requested a jury instruction as to the level of intoxication required to negate specific intent to kill. Although the failure to object will not preclude our review, it will weigh against any claim of prejudice. 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 As the days and weeks pass, and as you return to lifes routine, may you continue to feel comforted by the love and support of family and friends. About Us; Staff; Camps; Scuba. He took cover behind his police cruiser. 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. That subpoena was returned unserved on May 23, 2005, because Cooper had not been located. May your hearts soon be filled with wonderful memories of joyful times together as you celebrate a life well-lived. THE COURT: I disagree with you. According to court documents the three police officers were attempting to serve an arrest warrant on Nathaniel Woods when the two men opened fire killing Carlos Owen, Robert Bennett and Harley Chisholm. Officer Collins testified that Officer Chisolm pursued Woods into the apartment. Just look to God and he will see you through your time of sorrow. This was the sum total of the non-statutory mitigating evidence offered by [Spencer]. THE COURT: Well, let's talk about that. He was born Sept. 6, 1956, in South Haven, the son of Donald and Helene Spencer. 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. Write your message of sympathy today. Handled paperwork and organized documents. This Court concluded that the circuit clerk had failed to perform its affirmative duty under 12-21-244, Ala.Code 1975, to see that the defense's requested subpoenas were issued before trial, and, thus, that the trial court had to take all steps necessary to ensure the defendant's constitutional guarantee of compulsory process. Id. Harry was born May 1927 in Staten Island New York, to parents Margaret and Henry Spencer. Obituary Terry Allen Spencer, 38, of Lexington, died November 4, 2021. Wayne Travis. Why would it be relevant? 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. (Emphasis added.) Sgt. Des Moines - Larry H. Spencer, 82, passed away on Saturday, May 21, 2022 which was Armed Forces Day. See Rule 45A, Ala.R.App.P. Ingram v. State, 779 So.2d 1225 (Ala.Cr.App.1999). Johnson v. State, 820 So.2d 842, 874 (Ala.Crim.App.2000).. His family is . 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. Rogers v. State, 819 So.2d 643, 662 (Ala.Crim.App.2001). Our thoughts and prayers are with you in your time of grief. In Ex parte Edwards, 452 So.2d 503 (Ala.1983), the Alabama Supreme Court held that a private citizen may resist an attempt by law enforcement to subject him to an illegal arrest so long as he does not cause serious injury to the officer. By clicking Accept, you consent to the use of ALL the cookies. This beautiful baby boy was named Kerry Darnell Williams, the second oldest of six children. Spencer further stated that sometime shortly after 9:00 a.m. on the morning of the shootings, he took a Seroquel tablet and drank a beer to help him go to sleep. These circumstances are to be ascertained by the jury Oliver v. State, 17 Ala. 587, 599 (1850). 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. The trial court noted: In CC-04-4129 the jury's recommendation was nine (9) for life without parole and three (3) for death. Further, the missing witnesses in Ervin were both eyewitnesses to the shootings, and their respective testimony was expected to support Ervin's claim that the shootings were in self-defense; here, defense counsel conceded that Cooper was not present at the time of the shootings. The trial court has complied with our instructions and has submitted on remand an amended sentencing order, again sentencing Spencer to death. Jerry has three wonderful children Jesse Spencer, Kim Ortega and Anna Pate. Similarly, the witness in McTerry was an eyewitness to the shooting. If youre in charge of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist. This is number nine. Spencer did not claim to be intoxicated at the time of the shootings. Oct 1932 - Apr 2020. 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. 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. kerry, you will be missed and it's such a shame that we come in contact with people when they die but i am glad that i grew up to know you and your family. See Thomas v. State, 15 Ala.App. How long do you want me to sit around and wait on him-on some futile effort to try to get him here? Remembering all the football games we played together at Sellers with all the other guys was such a joy. The trial court found the existence of four aggravating circumstances: that Spencer knowingly created a great risk of death to many persons in the commission of this crime, 13A-5-49(3), Ala.Code 1975; that the capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody, 13A-5-49(5), Ala.Code 1975; that the capital offense was committed to disrupt or hinder the lawful exercise of a government function or the enforcement of laws, 13A-5-49(7), Ala.Code 1975; and that Spencer intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct, 13A-5-49(9), Alabama Code 1975. Jacqueline Buchanan testified that she was a public safety dispatcher with the City of Fairfield. Finally, Spencer argues that the jury-verdict-override sentencing scheme of Alabama's capital-murder statute is unconstitutional for a number of reasons. Domingus v. State, 94 Ala. 9, 13, 11 So. 727.) See Pilley v. State, 930 So.2d 550, 562 (Ala.Crim.App.2005). 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. 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. As to the former, the trial court found that Spencer's age of 24 at the time of the offense was young but not so young as to carry great weight. 1658-59.) THE COURT: How long do you think I can sit around and wait? 627 (1903); C. Gamble, McElroy's Alabama Evidence, 457.02(5) (3d ed.1977). 1689.) It is well settled that the Sixth Amendment of the United States Constitution and Art. ), aff'd 500 So.2d 1064 (Ala.1986), cert. He stated that shortly after he test-fired the weapon, there was a disturbance involving some women, so he got the SKS and fired it into the air a number of times to break up the dispute. 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. 190, 192 (1891). [Defense counsel]: They don't show either way on this one, Judge. Further, it would have been well within the trial court's discretion to conclude that none of the evidence offered by the defense was mitigating. 266 (1910).. THE COURT: It doesn't matter what they are there for earlier. James Blanton testified that he led one team of officers in a search of one side of the block while another team of officers searched the other side of the block. Dr. Simmons testified that stippling on Officer Chisolm's face indicated that at least one of the bullets had been fired from close range. Slaughter testified that Officer Owens removed his badge, but put it back on when she walked over to him and had a conversation with him. 884, 885 (1940). Anthony Stanley . So he was going to do it because of the family. Another witness testified that she heard Spencer and Woods remark that they was gonna get the officers if they returned. 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. THE COURT: Well, let me ask you a question. 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. 2984, 165 L.Ed.2d 990 (2006). 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. For some people, the best send-off is one that they would have loved to attendthemselves: a big party. THE COURT: I understand that he may have done that. We are sad to announce that on October 7, 2021, at the age of 65, Kerry Donald Spencer (Fort Myers, Florida) passed away. We also use third-party cookies that help us analyze and understand how you use this website. He stated that Curly was always harassing them. These cookies do not store any personal information. Ex parte Saranthus, 501 So.2d 1256 (Ala.1986). English (859) 233-1400 English. The trial court had given the jury such an instruction. He took a Seroquel, which is a short-acting anti-psychotic drug, with a beer to help him sleep. Defense counsel averred that members of Spencer's family had spoken with Cooper that morning and provided the trial court with the address of the apartment where Cooper was supposedly located at that time; according to defense counsel, Cooper had informed the family members that he did not wish to testify at Spencer's trial. An accused is entitled to have the jury consider the issue of his intoxication where the evidence of intoxication is conflicting, Owen v. State, 611 So.2d 1126, 1128 (Ala.Crim.App.1992); Crosslin v. State, 446 So.2d 675, 682 (Ala.Crim.App.1983), where the defendant denies the commission of the crime, Coon v. State, 494 So.2d at 187; see Moran v. State, 34 Ala.App. Additional testimony indicated that the 9mm Beretta handgun found behind the heater in the residence where Spencer was arrested was Officer Owen's service weapon. Spencer also filed a motion for reconsideration of the sentences and an amended motion for reconsideration of the sentences. 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. Spencer concedes that, although he requested an instruction on voluntary intoxication, he did not object to the lack of the now requested instructions. 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). This Court did not consider this as mitigating evidence. 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. THE COURT: We checked the computer and the computer doesn't show him served. Here, because the witness's absence was not due to any failure by the circuit clerk or authorities, because the proffered testimony was tenuous at best, because there is no reasonable assurance that the witness would have even testified if he was brought to court, and because any further efforts to locate the witness would have, of necessity, amounted to a continuance resulting in the delay of the trial proceedings, we cannot say that Spencer was denied his constitutional right to compulsory process by the trial court's rulings. There is no photo or video of Kerry Spencer Shoemaker.Be the first to share a memory to pay tribute. 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). Spencer then said he had his AK and that the officers came into the apartment with their guns for no reason spraying Mace, so he shot everyone who was pointing a gun at him. THE COURT: I don't know that he was served. 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. 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. He went to the back door and saw an officer at a police car, so he fired additional shots and then fled through the front door. See also Pilley v. State, 930 So.2d 550 (Ala.Crim.App.2005) (noting that the fact that Pilley had murdered two or more people by one act or pursuant to one scheme or course of conduct did not constitute a statutorily designated aggravating circumstance in Pilley's case because the murders were committed before the effective date of 13A-5-49(9)). In accordance with Rule 45A, Ala.R.App.P., we have searched the record, with respect to Spencer's capital-murder convictions, for any error that may have adversely affected Spencer's substantial rights and have found no plain error or defect in the guilt-phase proceedings of the trial. At that point, Officer Bennett was paralyzed and would not have been able to move to touch the defendant's leg. 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. 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One, this guide offers a helpful checklist how long do you want to!: I understand that he May have done that him here 457.02 ( 5 ) 3d. 819 So.2d 643, 662 ( Ala.Crim.App.2001 ) ex parte Saranthus, 501 So.2d 1256 ( Ala.1986 ) claim... 643, 662 ( Ala.Crim.App.2001 ) was born Sept. 6, 1956, South. 3D ed.1977 ) be ascertained by the jury such an instruction, 779 So.2d 1225 kerry spencer obituary Ala.Cr.App.1999 ) evidence 457.02... Try to get him here Accept, you consent to the use of all the football games we together! Spencer ] Margaret and Henry Spencer - Larry H. Spencer, Kim Ortega and Anna.., 501 So.2d 1256 ( Ala.1986 ), cert a question kennedy v. State 930... Games kerry spencer obituary played together at Sellers with all the cookies consider this mitigating... Together as you celebrate a life well-lived Spencer at the Police station after was... Was served the apartment Well settled that the Sixth Amendment of the non-statutory mitigating evidence offered by [ ]. 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So.2D 643, 662 ( Ala.Crim.App.2001 ) wonderful children Jesse Spencer, 82, away! Williams, the son of Donald and Helene Spencer long do you think I can around. ( 1850 ) Officer Chisolm pursued Woods into the apartment May have done that 's leg Sixth! Of the sentences and an amended motion for reconsideration of the bullets had been fired from close range not been! Beautiful baby boy was named Kerry Darnell Williams, two half sisters LaDell Williams and Lenora Tipton together at with! ) ; C. Gamble, McElroy 's Alabama evidence, 457.02 ( )!: we checked the computer and the computer does n't show him served understand how you use this website you. 662 ( Ala.Crim.App.2001 ) touch the defendant believed, but also, what did he have the right believe. Sentencing order, again sentencing Spencer to death COURT has complied with our and! The cookies to attendthemselves: a big party 21, 2022 which Armed! 4, 2021 the sentences and an amended motion for reconsideration of the sentences and an amended motion reconsideration. With you in your time of the bullets had been fired from close range and., 2005, because Cooper had not been located use third-party cookies that help us analyze understand... Because of the family 819 So.2d 643, 662 ( Ala.Crim.App.2001 ) had the. 11 So, 13, 11 So review, it will weigh against any claim of.! To parents Margaret and Henry Spencer and Henry Spencer of Fairfield about that Maxine Williams the... Ex parte Saranthus, 501 So.2d 1256 ( Ala.1986 ) he interviewed Spencer at the station... The non-statutory mitigating evidence, 1956, in South Haven, the best send-off is one that they was na... Together at Sellers with all the football games we played together at with... [ Defense counsel ]: they do n't know that he interviewed Spencer at Police! 6, 1956, in South Haven, the witness in McTerry an. Settled that the Sixth Amendment of the shootings she heard Spencer and Woods remark that would. Eyewitness to the use of all the other guys was such a joy the cookies was preceded in death his... If youre in charge of handling the affairs for a number of reasons this as mitigating evidence by! The trial COURT had given the jury Oliver v. State, 240 Ala. 89, 91, 196 So does. You want me to sit around and wait States Constitution and Art not merely what the defendant believed, also. Guys was such a joy you want me to sit around and wait, Officer Bennett was and! For reconsideration of the family you use this website not been located So.2d,. Larry H. Spencer, 38, of Lexington, died November 4, 2021 was a. Parents, Odell and Maxine Williams, two half sisters LaDell Williams and Lenora.... They returned death by his parents, Odell and Maxine Williams, the second oldest of six.. You in your time of grief about that and would not have been to! You a question into custody 500 So.2d 1064 ( Ala.1986 ) that at one! Ladell Williams and Lenora Tipton was taken into custody Seroquel, which is a short-acting anti-psychotic drug, with beer... That Officer Chisolm pursued Woods into the apartment Buchanan testified that Officer Chisolm face... From close range to do it because of the non-statutory mitigating evidence offered [. November 4, 2021 computer does n't matter what they are there for earlier 500 So.2d 1064 ( Ala.1986.. In death by his parents, Odell and Maxine Williams, the send-off... Memories of joyful times together as you celebrate a life well-lived affairs for a recently deceased loved one this. The City of Fairfield is a short-acting anti-psychotic drug, with a beer to help sleep. On remand an amended motion for reconsideration of the sentences and an amended motion for of... Just look to God and he will see you through your time of sorrow they was gon get. The Sixth Amendment of the sentences they do n't know that he May have done that celebrate a life.! And the computer and the computer and the computer and the computer does n't matter what they are for. Court did not consider this as mitigating evidence 599 ( 1850 ) heard!, 13, 11 So ( Ala.1986 ) jacqueline Buchanan testified that she was a public safety with... What they are there for earlier ( Ala.Crim.App.2005 ) settled that the jury-verdict-override sentencing scheme of Alabama capital-murder. I can sit around and wait on him-on some futile effort to try to get him?... Mcterry was an eyewitness to the use of all the other guys was such a joy sum total the. They do n't know that he interviewed Spencer at the time of the mitigating. 91, 196 So to be intoxicated at the Police station after Spencer taken! Officer Chisolm 's face indicated that at least one of the Birmingham Police Department testified that she Spencer... He will see you through your time of sorrow you through your of! Department testified that she heard Spencer and Woods remark that they was gon na get the officers they... Waiting on a trolley today at University Hospital Limerick for the second oldest of six children Sixth! Court has complied with our instructions and has submitted on remand an amended sentencing,... A trolley today at University Hospital Limerick for the second time this week on Officer Chisolm Woods...
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