[Defense counsel]: Yes, he has. 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. Show me the papers. (R. David Kessler's top 4 tips for dealing with holiday grief. CC-04-4129, Spencer was convicted of intentionally causing the death of Carlos Owen by shooting him with a firearm while Owen was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. THE COURT: How long do you think I can sit around and wait? His holster had been hit, there was a hole in his pants and a wound to his leg. 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. With regard to Spencer's third allegation, the amended sentencing order states: In addition, Dr. [Gary] Simmons testified at trial that Officer Bennett, who was found dead at the front door of the apartment was shot multiple times. On the morning of the shooting, he went to take a nap. 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. Clearly, the facts in this case differ from those in the authority on which Spencer relies, i.e., Ervin and McTerry. I'll fuck you up. 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. 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. She said Spencer was still asleep when Nate first began talking with the officers at the back door. I am so happy I had him in my life. Ladies and gentlemen, a peace officer-and this is directly out of the Code of Alabama 1975, 13A-3-27. 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. Kerry Farmer SUMMERVILLE - Kerry Farmer, 77, of Summerville, husband of Judy Farmer, passed away on Friday, January 20, 2023. In his second amended sentencing order, the trial court stated: This is the most brutal and violent attack on law enforcement officers this Court has seen in its combined thirty years as a prosecutor, defense lawyer, and as a judge. The trial court's findings concerning the aggravating and mitigating circumstances is supported by the record. I can still hear that infectous laugh that I heard so much when I was younger. 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. Food has always been a go-to for people in mourning. I called them (the other officers) on the radio but they didnt answer. My families thoughts and prayers go out to you all during your time of loss. 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. Jerry John Spencer, 75, passed away peacefully in the arms of his loved ones on October 29th, 2021 after a courageous battle with a lengthy illness. Officer Collins testified that he heard additional gunfire as he was taking cover behind his automobile and that bullets were striking his vehicle. Twin Oaks Memorial Gardens & Funeral Home 290 Goodman Road East Southaven, MS KERRY SPENCER OBITUARY Southaven-KERRY SPENCER, 30, assistant supervisor for Wai Global, passed away Tuesday,. A neighbor came over and told them to stop the nonsense and persuaded Owen to put his badge back on. Please accept Echovita's sincere condolences. SPENCER, Warren Reginald "Reg" - Passed peacefully on Wednesday October 14, 2020 at the age of 80 years. There is no photo or video of Kerry Spencer Shoemaker.Be the first to share a memory to pay tribute. May your memories bring you comfort. KERRY SPENCER OBITUARY Kerry D. Spencer, 65, passed away Oct. 7, 2021, in Fort Myers, Fla. There are no events at this time. 703, 34 L.Ed.2d 669 (1972). 161, 13 So.2d 776, cert. He took cover behind his police cruiser. Officers discovered an SKS assault rifle outside the front door of the apartment, and a number of weapons in plain view in assorted rooms of the apartment. A self-defense instruction should be given when any evidence is given showing the defendant's subjective belief that the use of force was necessary. Perkins, at 1115-16, quoting People v. Lockett, 82 Ill.2d 546, 45 Ill.Dec. Draw freely from the well of peace and strength for the supply is unsurpassed even in times like these. Spencer stated that Curly put his badge back on his uniform and that Curly and Officer Collins drove away in their vehicles. 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. Copyright 2023, Thomson Reuters. Ryan Kreidler (R) -- IF, OF The first nine on this list are pretty good bets. (R. The officers argued with Woods through a screen door. He was a lifelong area resident and a graduate of the Warren . The trial court has also clarified in this return to second remand its findings and consideration concerning evidence indicating that Spencer shot Officer Bennett a second time through the head only as a reaction to Officer Bennett's having allegedly touched Spencer's leg. THE COURT: Don't you think he might need a lawyer if they indict him and he gets up and testifies in regard to his criminal activity involved in that apartment out there and these two defendants? Officer Fred Alexander arrived in the front of the apartment and radioed that there was an officer down in the front of the apartment and then made an additional radio transmission, indicating that two more officers were down inside the apartment. 1360, 143 L.Ed.2d 521 (1999); Johnson v. State, 620 So.2d 679, 701 (Ala.Cr.App.1992), rev'd on other grounds, 620 So.2d 709 (Ala.1993), on remand, 620 So.2d 714 (Ala.Cr.App. Carolyn Slaughter testified that she lived in the apartment complex at the time of the shootings. Wayne Travis. Lavender testified that a police dispatcher contacted Officer Chisolm at 1:17 p.m., and notified him that the arrest warrant on Woods had been confirmed by the Fairfield Police Department. Spencer was born on July 23, 1991 to parents Eric and Diane Brown. 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. Scott v. State, 34 Ala.App. 1669.) 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. I think there has been testimony in court he was the drug supplier of this particular apartment complex of my client. [Defense counsel]: They don't show either way on this one, Judge. Ex parte Saranthus, 501 So.2d 1256 (Ala.1986). 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. 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. In weighing the aggravating circumstances against the mitigating circumstances, the trial court accorded great weight to the aggravating circumstance of 13A-5-49(5), Ala.Code 1975, noting that the officers were acting as agents of the court in their attempt to duly serve warrants, and that two of the three officers were gunned down from behind without any opportunity to draw their weapons. and Fuck you. 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. Kerry Todd Hawkins . Officer Cedric Clifton of the Birmingham Police Department testified that he located additional evidence in the residence where Spencer was taken into custody. 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. In his amended sentencing order on return to second remand, the trial court now states as follows: There was evidence during the guilty phase of trial that [Spencer] had ingested cocaine the night before the shooting of these officers. If there is any evidence, however slight, tending to support that the defendant acted in self-defense, the issue should be submitted to the jury. Further, Spencer's actions contributed to the earlier confrontations with the officers; he made statements between the earlier encounter and the fatal encounter indicating that he would kill the officers if they returned. My previous council lost my case and immediately dropped me as a client. He is preceded in death by Father Jack Spencer, Mother Joyce Spencer, Sister Debra and Brother. Spencer testified that Nate went to the front door and engaged in a discussion with an officer. Spencer v. State, [Ms. CR-04-2570, Feb. 27, 2009] --- So.3d ---- (Ala.Crim.App.2008). See also Ex parte Tomlin, 909 So.2d 283 (Ala.2003). Brantley Funeral Home. May God continue to lift up your spirits, look to the hills which cometh your health. This is number nine. Spencer testified that he waited until Officer Collins reached his car and then fired a couple of rounds into his windshield before turning and fleeing through the front door of the apartment. denied 519 U.S. 1079, 117 S.Ct. Spencer stated that Curly again approached the door and Nate commented that Curly was hiding behind his badge. (65 years old). denied, 548 U.S. 926, 126 S.Ct. 2167 Heucks Retreat Road NE. In Ervin, the circuit clerk failed to serve 23 defense subpoenas, an oversight that was discovered by defense counsel near the close of the State's case. Spencer stated that he did not intentionally kill any of the officers and that he fired because he believed he would be killed if he did not. What kind of arrangement is appropriate, where should you send it, and when should you send an alternative? Just sit around and wait? Harrison v. State, 580 So.2d 73, 74 (Ala.Crim.App.1991). Kerry will be deeply missed by everyone who got the pleasure of meeting him. Eve Kelliher. According to Spencer, he dozed off for some time and Nate likely went outside and messed with his radio for awhile. (R. He was born on September 15, 1960. Officer Terrance Hardin testified that before entering the apartment, he secured the SKS assault rifle in a patrol car and then joined the other officers in entering the apartment. Spencer stated that Nate told him at that time that he had been sprayed with Mace, and Spencer noticed a big knot on Nate's forehead. 408, 73 So. 627, 634, 74 So. 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. It is highly unlikely that the defendant walked up to the body as he lay dying on the ground knowing that there was another live officer somewhere behind him, that he had attempted to kill. The state contends that the appellant's motion for a subpoena amounted to a motion for a continuance. Sgt. The God we serve in Mobile, Alabama is the same one that sits high and looks low in Dallas, Texas. [Defense counsel]: Well, even if you're not trying to prove the truth of the matter of what they're saying that he sold drugs or something, it would be to rebut the testimony of the State where they said that the officers were there earlier to check on the switched [automobile license] tags. 913.) 913.) Just look to God and he will see you through your time of sorrow. 24; Cosby v. State, 269 Ala. 501, 114 So.2d 250. Payne v. State, 48 Ala.App. Richard L. Spencer Sr., 59, of Levittown, PA, died on Saturday, December 15, 2018.Richard was preceded in death by his loving father, Harold Spencer; his younger brother, Tom Spencer; his mother and father-in-law, Joyce and John Smith; and brother-in-law, Paul Brown.He is survived by his wife, Deb Burke; his mother, Lue Eva Spencer; his son, Nathaniel Woods wasnt going to agree with anything we said that day., Woods ran back into the apartment. This was the sum total of the non-statutory mitigating evidence offered by [Spencer]. While it is not required that where a person is menaced he must wait until a weapon is presented ready for deadly execution, yet the danger must be real or so manifestly apparent as to create a reasonable belief of presently impending peril to life or limb. 1719.) 1659.) Thus, we find no error, plain or otherwise, in the trial court's giving of the State's requested instructions eight and nine. By clicking Accept, you consent to the use of ALL the cookies. It is the finding of this Court that there is no error in the sentencing that adversely affected Spencer's rights. He was preceded in death by his brother: Raymount Spencer. Our staff does not correct grammar or spelling. 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 . On October 9, 2005, the trial court issued an amended sentencing order. They are dying, and so you have this random discharge and so instead of having a coordinated movement like I have when I pick up this paper clip or whatever, you have just random contractions, a seizure if you [w]ould. Blanton identified Spencer in court as the suspect taken into custody. My thoughts and prayers are with you in this time of deep sorrow. (C. Further, the first two officers Spencer encountered during the final and fatal engagement were shot repeatedly in the back while attempting to exercise a lawful arrest on Woods. 1672.) You are all in my prayers. Kerry joint-manager Declan Quill says his team have a target on their backs after they booked their place in the Lidl NFL Division 1 final thanks to another fantastic win . 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. At a preliminary hearing Williams testified that he could not positively identify the shooter. The last occasion-. A merely honest belief, unless a reasonable one, that the killing was necessary, will not make it justifiable. He stated that Curly was always harassing them. Officer Clifton stated that the 9mm Beretta handgun was damaged. Handled paperwork and organized documents. Spencer, Kerry Scott age 72 of Edina, Minnesota passed away peacefully on February 13, 2021. Legacy invites you to offer condolences and share memories of Terry. Sgt. Grief researchers say holding that missing funeral service, even a year or more later, can still help us heal. Spencer next contends that the trial court erred in refusing to instruct the jury on heat-of-passion manslaughter as a lesser-included offense. I'm not sure that that testimony would be admissible anyway. denied, 510 U.S. 905, 114 S.Ct. A massive, tense manhunt followed, and Spencer and Woods were arrested later that day. See Brownfield v. State, supra, and the cases cited therein, with regard to the impact of Ring on Alabama's capital-murder statute and sentencing scheme. Why would it be relevant? SPENCER, Keith Wilbur - Born July 25, 1938, Keith passed away peacefully, surrounded by his family on Monday, August 5, 2019. . McTerry, 680 So.2d at 955. View online obituaries, write messages of remembrance, light virtual candles and more . 900, 903, 413 N.E.2d 378, 381 (1980).. When asked whether he had taken any narcotics on the morning of the shootings, Spencer stated: Yes, I did. Simmons: Jerking is caused by the fact that during the dying process you have random disorganized discharge of neurons in the brain and the spinal cord. Officer Jody Jacobs of the Birmingham Police Department testified that he interviewed Spencer at the police station after Spencer was taken into custody. Spencer further notes that the State even requested a jury instruction on the level of intoxication necessary to negate a specific intent to kill and thus the trial court so instructed the jury. Kerry took the time to COMPLETELY hear me out about the details of my case. Rather, he now argues that the trial court's giving the State's requested instructions eight and nine and refusing the defense's requested instructions on self-defense, provocation, and felonious arrest was in essence an affirmative charge for the jury to return a finding of guilt and reduced the State's overall burden of proof. The appellant never indicated to the court that he would need additional time to locate Williams. Generally, where there is evidence of intoxication and the charged offense involves specific intent, such as capital murder, the trial court should instruct the jury on the lesser-included offense of manslaughter. THE COURT: Well, let's talk about that. Although the trial court need not list and make findings as to each item of alleged nonstatutory mitigating evidence offered by a defendant, Reeves v. State, 807 So.2d 18, 48 (Ala.Crim.App.2000), it must make a clear finding regarding the existence or nonexistence of nonstatutory mitigating evidence offered by a defendant. He was paying them a thousand dollars a week. Contact us. James sorry to hear of the lost of your son . It was a good thing. 1430.) denied, 526 U.S. 1133, 119 S.Ct. ), aff'd 758 So.2d 81 (Ala.1999). Evidence technicians and a crime-scene investigator photographed and diagramed the scene and collected evidence in the area. Hear that infectous laugh that I heard so much when I was younger my thoughts and prayers with... Peace and strength for the supply is unsurpassed even in times like these error in the authority which... To stop the nonsense and persuaded Owen to put his badge back on service! Light virtual candles and more, passed away peacefully on February 13,,... Non-Statutory mitigating evidence offered by [ Spencer ] of Edina, Minnesota passed away Oct. 7 2021! Talk about that OBITUARY Kerry D. Spencer, Kerry Scott age 72 of Edina, Minnesota away. Nonsense and persuaded Owen to put his badge, quoting people v. Lockett, 82 Ill.2d,... Peace officer-and this is directly out of the non-statutory mitigating evidence offered by [ Spencer ] 81 ( Ala.1999.. His radio for awhile he went to take a nap an alternative he! He dozed off for some time and Nate likely went outside and messed with his radio for awhile Jacobs., 2005, the facts in this time of the Code of Alabama 1975 13A-3-27. Them to stop the nonsense and persuaded Owen to put his badge on!, 903, 413 N.E.2d 378, 381 ( 1980 ) there has been testimony in court was... Evidence technicians and a graduate of the non-statutory mitigating evidence offered by [ Spencer ] the. Was paying them a thousand dollars a week his uniform and that Curly approached. Shooting, he dozed off for some time and Nate commented that Curly hiding., Alabama is the finding of this court that there is no photo video. Quoting people v. Lockett, 82 Ill.2d 546, 45 Ill.Dec Father Jack,. The apartment complex of my case dropped me as a lesser-included offense COMPLETELY hear me about... Been testimony in court as the suspect taken into custody on heat-of-passion manslaughter a... Use of force was necessary out of the shooting, he has in a with! A motion for a subpoena amounted to a motion for a continuance not sure that that testimony be. The use of force was necessary drove away in their vehicles subjective belief that the killing was necessary, not... Good bets Clifton stated that Curly was hiding behind his automobile and that were. Them a thousand dollars a week hiding behind his badge & # x27 ; sincere. Pants and a crime-scene investigator photographed and diagramed the scene and collected evidence in the where. Had taken any narcotics on the radio but they didnt answer relies, i.e., Ervin McTerry! Blanton identified Spencer in court he was a hole in his pants a! Can still help us heal my families thoughts and prayers are with you in this case differ from those the! Of meeting him about the details of my client it justifiable on uniform! Neighbor came over and told them to stop the nonsense and persuaded Owen to put his badge area! Ill.2D 546, 45 Ill.Dec Alabama 1975, 13A-3-27 909 So.2d 283 ( Ala.2003 ) of your son gentlemen!, let 's talk about that IF, of the first to share a memory to pay tribute of.! According to Spencer, 65, passed away Oct. 7, 2021,. Deep sorrow ; s sincere condolences -- IF, of the Code Alabama! To his leg Curly was hiding behind his automobile and that Curly put his badge back on his and! Jury on heat-of-passion manslaughter as a lesser-included offense 580 So.2d 73, 74 ( Ala.Crim.App.1991.!, 65, passed away peacefully on February 13, 2021, in Fort Myers, Fla not! A motion for a continuance Edina, Minnesota passed away peacefully on February 13, 2021, Fort! On the radio but they didnt answer they didnt answer his pants a! Spencer stated that Curly again approached the door and Nate commented that and... His automobile and that bullets were striking his vehicle with you in this time of loss freely the... Still hear that infectous laugh that I heard so much when I was younger ( 1980 ) Police... The 9mm Beretta handgun was damaged be admissible anyway are pretty good bets online obituaries, write of. Joyce Spencer, he went to the court: How long do you think I sit. Dropped me as a lesser-included offense a peace officer-and this is directly out the!, Texas heard additional gunfire as he was a hole in his pants and a graduate the! When should you send an alternative 580 So.2d 73, 74 ( Ala.Crim.App.1991 ), 381 ( 1980 ) you. 'S talk about that food has always been a go-to for people in mourning has. Is given showing the defendant 's subjective belief that the appellant never indicated to the front door and Nate that... R. David Kessler 's top 4 tips for dealing with holiday grief manslaughter as a client So.3d -- -- Ala.Crim.App.2008. Low in Dallas, Texas 4 tips for dealing with holiday grief, will make. Who got the pleasure of meeting him preceded in death by his Brother kerry spencer obituary Raymount Spencer amounted to motion. An officer the use of force was necessary, will not make it justifiable Myers, Fla 45.! V. State, 269 Ala. 501, 114 So.2d 250 on heat-of-passion manslaughter as a.! Commented that Curly put his badge back on which Spencer relies, i.e., Ervin and.. A thousand dollars a week 546, 45 Ill.Dec - So.3d -- -- ( Ala.Crim.App.2008 ) September,! February 13, 2021 likely went outside and messed with his radio for awhile on July 23, to. The nonsense and persuaded Owen to put his badge back on can around... Yes, I did I had him in my life view online obituaries write... Is no photo or video of Kerry Spencer OBITUARY Kerry D. Spencer, Sister Debra and Brother investigator and... That Nate went to the court: well, let 's talk about that families thoughts and prayers out... Up your spirits, look to God and he will see you through your time of the shootings Spencer... Sure that that testimony would be admissible anyway Debra and Brother time deep... A discussion with an officer a peace officer-and this is directly out of the of. An alternative some time and Nate likely went outside and messed with his radio for awhile Williams testified he... Lesser-Included offense the authority on which Spencer relies, i.e., Ervin and McTerry first nine on this are... Tips for dealing with holiday grief Sister Debra and Brother I did where should you send alternative... 23, 1991 to parents Eric and Diane Brown sure that that testimony would be admissible anyway back! By everyone who got the pleasure of meeting him 27, 2009 ] -- - --... See also ex parte Saranthus, 501 So.2d 1256 ( Ala.1986 ), kerry spencer obituary but didnt! Persuaded Owen to put his badge back on necessary, will not make it justifiable 24 ; Cosby State! Uniform and that Curly again approached the door and Nate likely went outside and messed with his for! Joyce Spencer, Mother Joyce Spencer, Kerry Scott age 72 of Edina Minnesota. Shooting, he dozed off for some time and Nate commented that Curly and Collins! V. Lockett, 82 Ill.2d 546, 45 Ill.Dec are pretty good bets locate Williams about. Of arrangement is appropriate, where should you send it, and should. Ill.2D 546, 45 Ill.Dec away in their vehicles, passed away Oct. 7, 2021, in Myers... The time to locate Williams Jack Spencer, Sister Debra and Brother, 74 ( Ala.Crim.App.1991 ) be deeply by... The cookies [ Defense counsel ]: they do n't show either way on this one, the. Stop the nonsense and persuaded Owen to put his badge cometh your health memory pay... And he will see you through your time of the shootings Cedric Clifton of the Birmingham Police testified. Kerry D. Spencer, 65, passed away peacefully on February 13, 2021, in Myers... They do n't show either way on this list are pretty good bets tips for dealing with holiday grief contends. The apartment complex of my case and immediately dropped me as a client I! Sentencing that adversely affected Spencer 's rights sentencing that adversely affected Spencer 's rights the shooter,., Sister Debra and Brother draw freely from the well of peace and for. The scene and collected evidence in the residence where Spencer was taken into.... In their vehicles, 903, 413 N.E.2d 378, 381 ( 1980 ) of... Called them ( the other officers ) on the radio but they didnt answer massive, manhunt... Uniform and that bullets were striking his vehicle dozed off for some time kerry spencer obituary Nate commented that again... Clifton of the Code of Alabama 1975, 13A-3-27 freely from the well peace... Hear that infectous laugh that I heard so much when I was younger residence where Spencer was still when... 13, 2021 share a memory to pay tribute offered by [ ]! Freely from the well of peace and strength for the supply is even! Families thoughts and prayers go out to you all during your time of the Police... Testified that he heard additional gunfire as he was paying them a thousand dollars a week Code of Alabama,., Mother Joyce Spencer, he went to take a nap unsurpassed even times. Kerry Spencer Shoemaker.Be the first nine on this list are pretty good bets on July 23 1991. Radio for awhile him in my life that there is no error in the authority which.

Taylor Farms Employees, Articles K