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 According to Dumas, Woods went to the front door and began arguing with police officers at the door. 1669.) Our staff does not correct grammar or spelling. Hundreds of officers from Birmingham and other departments descended upon the scene. 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. 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 officers argued with Woods through a screen door. Dumas stated that Nate, Nook, Blue, three females, and he spent the night in the apartment on the night before the shootings, and that he slept on the sofa. 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. And specifically that Tyran Cooper was a drug supplier. Contact us. He stated that he was stunned, and that he radioed a shots fired call over the police radio, and ran to the back of his police car. The average age of a Spencer family member is 71. Spencer testified that in response to that statement, Nate told Curly that he had no reason to be at the apartment and for him to get the fuck on off the property. (R. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. The state contends that the appellant's motion for a subpoena amounted to a motion for a continuance. Olive Evelyn Decima Spencer. If he is going to testify, I need to know. If youre in charge of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist. He stated that he then heard a radio transmission from Officer Bennett that [t]hey are coming out the front. (R. As the United States Supreme Court stated in United States v. Young, 470 U.S. 1, 105 S.Ct. On appeal, Spencer raises a number of issues, several of which he did not first raise by timely objection in the trial court. A 1991 graduate of Tarrant High School. I'm not going to issue an attachment for him because he's not served. In Williams v. State, 938 So.2d 440 (Ala.Crim.App.2005), this Court addressed a similar issue as follows: An accused has the right to have the jury charged on any material hypothesis which the evidence in his favor tends to establish. Ex parte Stork, 475 So.2d 623, 624 (Ala.1985). 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. The uncontroverted evidence further indicated that Spencer fired a final shot point-blank into Officer Bennett's head, as Officer Bennett lay on the ground outside the apartment. Officer Collins identified Spencer in court as the man he saw standing outside the apartment shooting at him. 740, 743, cert. No bond is as great as that between a parent and child. He was 81 years old. 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. On remand, the trial court should reweigh the aggravating and mitigating circumstances and resentence Spencer. While on patrol, Collins heard Owen talking on the police radio about a complaint on 18th Street in Ensley. Echovita offers a solidarity program that gives back the funds generated to families. For the reasons that follow, we agree with the State. You have funeral questions, we have answers. 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. Over the years I have thought of Kerry and our times together while playing football, and I will always remember his smile and his laugh. Thus, we find no error, plain or otherwise, in the trial court's giving of the State's requested instructions eight and nine. Thus, the trial court considered the evidence presented by Spencer but accorded it no weight. The trial court considered this evidence to be a nonstatutory mitigating circumstance entitled to moderate weight considering the jury's vote, which in one case was 10 for life imprisonment without parole and 2 for death, and in two of the cases was 9 for life imprisonment without parole and 3 for death, and in the final case was 7 for life imprisonment without parole and 5 for death. The trial court had found in its amended sentencing order on return to the first remand that, because the first shot had paralyzed Officer Bennett, he would have been unable to touch Spencer's leg and provoke the second shot. The Health and Information and Quality Authority (HIQA) began an unannounced two-day inspection at the hospital yesterday. 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. 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. As required by 13A-5-53(b)(3), Ala.Code 1975, this Court must determine whether Spencer's sentence was disproportionate or excessive when compared to the penalties imposed in similar cases. Allen was born on September 6, 1959 in Red Deer, Alberta, where he grew and thrived surrounded by a family that he . 1959 - 2023. 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). Vicky Young, a dispatcher with the Birmingham Police Department, testified that she informed Officer Chisolm over the radio that the warrant was still outstanding. 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. It has been years since I've seen you, but I knew you were always around, and to the family, may God bless you and keep you in your time of need. Specifically, Spencer contends that a limiting instruction was required as to evidence regarding his drug use and his alleged occupation as a prominent drug dealer, evidence that he had no bond arrest warrants outstanding against him, evidence that he was frequently seen carrying a firearm, evidence that he had been discharging a firearm the night before the officers' shootings, and evidence that spent shell casings were discovered around the apartment, all of which he contends had no nexus to the officers' shootings. On remand, the trial court should reweigh the aggravating circumstances and the mitigating circumstances and resentence Spencer accordingly. 728.) Obituary Terry Allen Spencer, 38, of Lexington, died November 4, 2021. granted, sentence of death vacated pursuant to Roper v. Simmons, 543 U.S. 551, 125 S.Ct. I knew then. He was born Sept. 6, 1956, in South Haven, the son of Donald and Helene Spencer. Spencer concedes that much of the evidence was admitted without objection; that the defense also introduced evidence and argument regarding his possession of a firearm and that sales of illegal drugs took place at the apartment; and that much of the evidence was admissible at trial. The officers checked the apartment to ensure that no one else was present and then established a perimeter around the apartment to begin searching the area for the suspects and to preserve the scene for evidence technicians. The officers' deaths in a hail of gunfire rocked Alabama's . Mike Collins and fellow West Precinct officers Carlos Curly Owen, Harley Chisolm III and Charles Robert Bennett. At Find-a-Grave, you can view a loved ones gravestone, seeing photos from your local cemetery. 335 (1917). Naugher v. State, 105 Ala. 26, 17 So. Kevin Towles. He was preceded in death by his parents, Odell and Maxine Williams, two half sisters LaDell Williams and Lenora Tipton. The defendant then went to sleep and slept until the officers arrived around 1:00 p.m. that afternoon. He is preceded in death by Father Jack Spencer, Mother Joyce Spencer, Sister Debra and Brother. Leave a sympathy message to the family on the memorial page of Kerry Donald Spencer to pay them a last tribute. If he gets up and says, Yeah, I'm a dope dealer-. At the close of the defense's case, the defense renewed its motion for a mistrial on the grounds that two witnesses, both of whom were eyewitnesses to the shootings and further provided corroborating evidence supporting Ervin's claim that the shootings were in self-defense, were absent. In discussing nonstatutory mitigating circumstances, the trial court's amended sentencing order states: The defense called [Spencer] to the stand to testify in the penalty phase before the jury. 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. Spencer testified that he hid in the attic and that he did not resist when the police discovered him. THE COURT: What is it you are asking me to do? 742, 136 L.Ed.2d 680 (1997)). God Bless. He stated that Curly was always harassing them. denied, 526 U.S. 1133, 119 S.Ct. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) A trial court's oral charge to the jury must be construed as a whole, and must be given a reasonable-not a strained-construction. THE COURT: It doesn't matter what they are there for earlier. Every memory left on the online obituary will be automatically included in this book. See also Kennedy v. State, 240 Ala. 89, 196 So. It is not an honest, but a reasonable belief, that justifies. According to Officer Collins, as he got to the back door, he heard the shooting begin inside the apartment and then felt a slap on his side and on his pistol which was holstered. I give up. The appellant, Kerry Spencer, was convicted of four counts of capital murder for his involvement in the shootings of four Birmingham police officers. In Ex parte Johnson, however, the Alabama Supreme Court, in distinguishing the facts in Johnson from the facts in Snyder and Minor, stated: It is contradictory and inconsistent to allow, on the one hand, evidence of Johnson's prior bigamy conviction and prior bad acts as substantive evidence of the offense with which she was charged, yet, on the other hand, to require a limiting instruction instructing the jury that it cannot consider the evidence as substantive evidence that Johnson committed the charged offense. Funeral: Private. See Thomas v. State, 15 Ala.App. His family is . [Assistant defense counsel]: We would object to Court making the statement that he wasn't served. Defense counsel averred that a subpoena had been issued on May 17, 2005, to secure the presence of Cooper as a witness at trial. 24; Cosby v. State, 269 Ala. 501, 114 So.2d 250. Payne v. State, 48 Ala.App. Finally, in an interview with the police after his arrest, Spencer stated that he was high at the time of his arrest. Anthony Stanley . It wasnt like I had time to say, Oh, you fixing to shoot me. The trial court instructed defense counsel to telephone Cooper at the number they had been given, but that number was the general office number for the apartment complex, rather than the specific apartment where Cooper was allegedly located. In CC-04-4383 the count was seven (7) for life without parole and five (5) for death. 2. View Tribute Book Share Your Memory of . Handled paperwork and organized documents. In addition, it must be established that the expected testimony is not merely cumulative or in the nature of impeachment, and the motion for a continuance must not be made merely for purposes of delay. The God we serve in Mobile, Alabama is the same one that sits high and looks low in Dallas, Texas. Spencer stated that although they sold approximately $3,000 in drugs from the residence on a daily basis, they had never had problems with the police. Finally, Spencer failed to meet his burden of showing that the officers were in the apartment with a felonious intent. Indeed, Williams had shown up for trial earlier that day, and there was no reason to believe he could not be found within a short time. James sorry to hear of the lost of your son . It is solely for the jury to determine whether the inference that accused was in actual or apparent immediate peril is reasonable. 1658-59.) She was described as a real doll. Wednesday, October 13, 2021. 77.) Obituary. I, 6, Alabama Constitution of 1901, affords, in pertinent part, an accused the right to have compulsory process for obtaining witnesses in his favor. However, in Smith v. State, 698 So.2d 189 (Ala.Crim.App.1996), this Court stated: To warrant a continuance on the ground that a witness is absent, it must be shown that the expected testimony of the witness is material and competent, that there is a probability that the evidence will be forthcoming if the case is continued, and that the moving party exercised due diligence to secure the evidence. All of this should have been addressed long before we got to this point and worked out with his lawyer about whether he would testify. According to Slaughter, Nate told Officer Owens to get a warrant, and Officer Owens responded that the narcotics task force would be back. He got in trouble in April of 2004 regarding attempted murder charges. Collins said Woods left the officers with one warning: Come in here, and well (expletive) you up.. 558 (1916) (compulsory process is a substantive right, a real right, and not an illusory sham to be satisfied by the issue of process, which is to be rendered ineffectual by hastening on to immediate trial), and Walker v. State, 117 Ala. 85, 88, 23 So. This evidence further militates against any contention that the murders were committed in a sudden passion and thus warranted such a jury instruction. So it's possible. The trial court also placed great weight on the aggravating circumstance contained in 13A-5-49(7), Ala.Code 1975, that the capital offense was committed to disrupt or hinder the lawful exercise of a government function. You know, that occasionally happens. 1687.) CC-04-4132. 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). 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. According to Officer Jacobs, after he advised Spencer of his Miranda4 rights, Spencer agreed to speak with officers. The rule of self-defense is that persons may and must act on the reasonable appearance of things. Spencer next argues that the trial court erred in not issuing an instanter subpoena to compel the presence of defense witness Tyran Bubba Cooper. 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. Carolyn Lavender, a sergeant in the communications section of the Birmingham Police Department, testified about assorted radio transmissions between officers and dispatchers on the day of the shootings. Blanton testified that the suspect, who was discovered in the attic of the residence, was taken into custody. Devin Thompson. Draw freely from the well of peace and strength for the supply is unsurpassed even in times like these. Hall v. State, 820 So.2d 113, 121-22 (Ala.Crim.App.1999), aff'd, 820 So.2d 152 (Ala.2001). Officer Collins stated that the individual told Officer Owen, [Y]ou hide behind that badge and gun. Kerry Spencer was sentenced to death and remains on Alabama Death Row for the murders of three police officers. 519, 41 So.2d 630 (1949). , 832 ( Ala.Cr.App.1982 ) Find-a-Grave, you fixing to shoot me at Find-a-Grave, you fixing shoot! ; s resentence Spencer and specifically that Tyran Cooper was a drug supplier 's for! 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