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. They were married for thirty beautiful years and shared many memories together. 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. [Defense counsel]: I think we need to make an attempt to see if he is there and see if he is going to come. THE COURT: I don't know that he was served. 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. 913.) 928 So.2d at 326-27. Similarly, in Lemley v. State, 599 So.2d 64 (Ala.Crim.App.1992), this Court stated: If there is any evidence to show a hostile demonstration that can be reasonably considered as having placed the accused in apparent imminent danger of his life, the issue of self-defense is for the jury. Thus, we find no error, plain or otherwise, in the trial court's giving of the State's requested instructions eight and nine. The defendant testified that he shot Officer Bennett in the face when Officer Bennett touched his leg. 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 They don't have seizures at all. Officer Collins testified that, as he and Officer Owen walked toward the back door, a man who was working on an automobile parked near the apartment got up and walked away, saying, I don't want no part of this. (R. Here, based on the evidence supporting Spencer's theory of events, the events leading up to the shootings, even if creating a sense of passion or mental or emotional imbalance, did not constitute a legally recognized provocation. May your memories bring you comfort. 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. 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. Geraldine Smith Obituary. denied, 508 U.S. 953, 113 S.Ct. He would slip in whenever he could to supply the apartments with the drugs. 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. They are dying. May the love of friends and family carry you through your grief. 2428, 153 L.Ed.2d 556 (2002), next argues that his sentence of death is unconstitutional. Moreover, [w]hen reviewing a trial court's jury instructions, we must view them as a whole, not in bits and pieces, and as a reasonable juror would have interpreted them. Obituary of Warren Reginald Spencer. You also have the option to opt-out of these cookies. View online obituaries, write messages of remembrance, light virtual candles and more . Anthony Stanley . So it's possible. Rather, the evidence was properly admitted for other reasons, including, but not limited to, evidence of his intent and motive. More recently, in Scott v. State, 937 So.2d 1065 (Ala.Crim.App.2005), this Court remanded the case for clarification of the sentencing order, noting in part: In a listing of mitigating circumstances the court found not to exist, the court included, Any other mitigating circumstance offered pursuant to 13A-5-52, Code of Alabama 1975. (C. McTerry requested a subpoena after the victim testified, contending that it had not previously subpoenaed Williams because Williams was already under subpoena by the State, and it did not anticipate any conflict between Williams's expected testimony and the victim's expected testimony. Send simple, comforting meals with Home Chef. See also Ex parte Waldrop, 859 So.2d 1181 (Ala.2002), with regard to Spencer's contention regarding the weighing of aggravating and mitigating circumstances. Kerry Darnell Spencer of South Carolina was born on August 25, 1971. Williams testified that she looked and saw Nate in the doorway. According to Officer Collins, Officer Owen and he went to the rear of the apartment and Officers Bennett and Chisolm went to the front of the apartment. I give up. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991), aff'd, 603 So.2d 412 (Ala.1992). Spencer v. State, [Ms. CR-04-2570, April 4, 2008] --- So.3d ---- (Ala.Crim.App.2008). 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. The Court has carefully considered all of the evidence presented during all stages of the trial in this cause, as well as the Court's observation and evidence admitted during all proceedings, pretrial and posttrial with regard to this case and the Court finds that mitigating circumstances exist with regard to this case.. God will give you comfort and strength at this time of great loss. View . This undisputed physical evidence contradicts the testimony of [Spencer] who testified he fire[d] the rifle merely as a reaction to Officer Bennett touching his leg. As the Alabama Supreme Court has stated: See Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 1672.) We are sad to announce that on October 7, 2021, at the age of 65, Kerry Donald Spencer (Fort Myers, Florida) passed away. Kerry Spencer shared an old photo of her son. 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. 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. 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. Finally, as the trial court noted, there was some question as to whether the testimony, as proffered, would have even been admissible. [T]here must be evidence that the ingestion caused a disturbance of the person's mental or physical capacities and that that mental or physical disturbance existed at the time the offense was committed. Lee v. State, 898 So.2d 790, 838 (Ala.Crim.App.2001) (opinion on return to remand), cert. Kerry will be deeply missed by everyone who got the pleasure of meeting him. I really wish my neice, his sister, Tricia, was there with you'll to celebrate in his homegoing. Required fields are marked *. Kerry Spencer. 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. Doyle Cox, age 84 of Boone and the Westhaven Community, passed away on Wednesday, February 22, 2023 at the Westhaven Community. Audra Tieara,Allegra & Joseph Antwine/Johnson. SPENCER, Neil McConnell:On January 13, 2015, at the Waikari Hospital peacefully. Lawyers for Nathaniel Woods, 42, have maintained his innocence, pointing out that another defendant in the case, Kerry Spencer, confessed that he was the sole gunman in the 2004 slayings.. See also Harris v. State, 2 So.3d 880 (Ala.Crim.App.2007), and Eatmon v. State, 992 So.2d 64 (Ala.Crim.App.2007). 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. She was described as a real doll. Obituaries. See also Raines v. State, 455 So.2d 967, 974 (Ala.Cr.App.1984)., 599 So.2d at 74 (emphasis added). Officer Collins testified that he heard additional gunfire as he was taking cover behind his automobile and that bullets were striking his vehicle. THE COURT: I disagree with you. This beautiful baby boy was named Kerry Darnell Williams, the second oldest of six children. May your many memories bring you comfort. There was no reasonable theory to support an instruction on intoxication because there was no evidence of intoxication. He further stated that Curly had tried to push his way into the apartment window on a previous occasion but that Nate had grabbed a videocassette recorder and videotaped the incident, startling Curly and forcing him to leave. It was he pulled his gun up and I already had the weapon in my hand so I opened fire.. 710.) Nathaniel Wood was executed in 2020. Photos Add a photo 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. Kerry Spencer is a true professional. Officer Cedric Clifton of the Birmingham Police Department testified that he located additional evidence in the residence where Spencer was taken into custody. Ex parte McWhorter, 781 So.2d 330, 342 (Ala.2000). Ruben C. Parker, a sergeant with the Birmingham Police Department at the time of the shootings, testified that when he arrived at the scene, he saw Officer Bennett's service revolver on the ground approximately 6 to 12 inches from Officer Bennett's right hand, that another officer picked the weapon up from the ground and handed it to him, and that he kept the weapon in his custody until turning it over to evidence technician Chester White at the scene. THE COURT: Well, let me ask you a question. Neil went home to be with his Lord and Saviour. Unfortunately, I cannot make it to the service. Bennett, still out in the front of the building, said over the police radio: They are coming out the front. Collins wasnt able to go to the front door through the apartment because Woods, Chisholm and Owen were blocking the doorway. According to Spencer, he was cautious as he left the front of the apartment because he did not know if any officers were waiting for him; that he had the SKS in his hand pointed down at the ground; that as he was standing next to where Officer Bennett was lying on the ground, the officer's hand jumped and touched [him] and he fired the SKS assault rifle in an automatic reflex. (R. granted, sentence of death vacated pursuant to Roper v. Simmons, 543 U.S. 551, 125 S.Ct. Ingram v. State, 779 So.2d 1225 (Ala.Cr.App.1999). Johnson v. State, 820 So.2d 842, 874 (Ala.Crim.App.2000).. [Spencer] also testified before the Court in the sentencing phase before the Court. Spencer, Kerry Scott age 72 of Edina, Minnesota passed away peacefully on February 13, 2021. No. I knew then. THE COURT: Sure. In this case, the trial court considered the jury's recommendation as a nonstatutory mitigating circumstance and gave it moderate weight. Allen was born on September 6, 1959 in Red Deer, Alberta, where he grew and thrived surrounded by a family that he . [Assistant defense counsel]: Well, what I'm saying is through no fault of our own we are here on Sunday morning and the clerk's office is obviously closed and we do not have access to the clerk's office record to determine whether or not he was served. As to the trial court's findings concerning the nonstatutory mitigating circumstances, in his second amended sentencing order the trial court states that Spencer presented evidence indicating that he was sorry for these crimes and he apologized to the victims' families. 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. Spencer Jones hit four 3-pointers and scored 21 points on 7-of-13 shooting from the field, Brandon Angel added 14 points, seven rebounds and four assists and Stanford beat Washington 81-69 Sunday . Although the trial court is not required to specify in its sentencing order each item of proposed nonstatutory mitigating evidence offered that it considered and found not to be mitigating, Williams v. State, 710 So.2d 1276, 1347 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), in order for this Court to conduct its review of the death sentence, the trial court must specifically identify in its sentencing order those nonstatutory mitigating circumstances that it did find to exist.. 190, 192 (1891). Would you like to offer Kerry Spencer Shoemakers loved ones a condolence message? Spencer next argues that the trial court erroneously failed to instruct the jury on voluntary intoxication and the lesser-included offense of manslaughter. denied, 524 U.S. 929, 118 S.Ct. Kevin Towles. Words cannot begin to express the heart felt sorrow I feel for you and your family.May God give you the strength to endure during you time of pain. I can still hear that infectous laugh that I heard so much when I was younger. Officer Bennett's body was found at the front door of the apartment. All rights reserved. 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. 728.) The trial court has complied with our instructions and has submitted on remand an amended sentencing order, again sentencing Spencer to death. 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. Finally, Spencer failed to meet his burden of showing that the officers were in the apartment with a felonious intent. Spencer had argued in his brief on return to remand that Dr. Gary Simmons testified at trial that, as he was dying, Officer Bennett may have experienced seizures or jerking, resulting in the possibility of Officer Bennett's having touched Spencer. Kerry referred to the Amazon rainforest as test of humanity, and said that without its protection it is impossible possible to limit global warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit . According to defense counsel, an alias was issued on May 25, 2005, but defense counsel was unaware as to whether that subpoena had been served. CC-04-4383, Spencer was convicted of intentionally causing the death of Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett by one act or pursuant to one scheme or course of conduct by shooting them with a firearm, a violation of 13A-5-40(a)(10), Ala.Code 1975. These cookies do not store any personal information. According to Williams, Spencer had a big gun that he had been carrying that day and the gun was near him while he slept. 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. 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. However, this assertion is unsupported by the record. 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. [Dr. Simmons]: Jerking is caused by the fact that during the dying process you have random disorganized discharge of neurons in the brain cells and the spinal cord. Cr-04-2570, April 4, 2008 ] -- - So.3d -- -- Ala.Crim.App.2008., but not limited to, evidence of intoxication an instruction on intoxication because was... I opened fire gun up and I already had the weapon in my hand so I opened fire Shoemakers! Was born on August 25, 1971 a felonious intent death vacated pursuant to Roper v. Simmons, 543 551... 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