kerry spencer obituary
kerry spencer obituary
Both Nathaniel Woods and Kerry Spencer were arrested, convicted and sentenced to death. THE COURT: I don't know that he was served. My heart goes out to you at this time and in the days ahead. 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. As this Court indicated in Odoms v. State, 359 So.2d 1162 (Ala.Crim.App.1978), a person was authorized under common law to kill an officer in resisting an unlawful arrest only where necessary to save his own life or to save himself from serious bodily harm, provided that the necessity was real or apparent. Further, the witness in McTerry actually appeared at the courthouse for trial in response to the subpoena issued by the State, and there were no reasons present in the record to indicate that he would not return to testify. THE COURT: How long do you think I can sit around and wait? THE COURT: It doesn't matter what they are there for earlier. The officers argued with Woods through a screen door. The State contends that the facts here are sufficiently different than those in McTerry and Ervin, and, therefore, that there is no error fatal to the convictions in the present case in not issuing an instanter subpoena to compel Cooper's presence at trial. I am so happy I had him in my life. denied, 409 U.S. 1079, 93 S.Ct. Just dont spray me with that mace.. Hundreds of officers from Birmingham and other departments descended upon the scene. This comes out of the Code of Alabama 1975, 13A-3-28. ', Collins moved toward the apartment, but Butler blocked him. 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. Kerry Smith died this past Thursday, 29th of December 2022. JUST KNOW THAT YOU ARE NOT ALONE. 161, 13 So.2d 776, cert. (R. However, as the State argues in its brief on return to remand, this Court has considered and rejected that interpretation of Ex parte Taylor and Ex parte Carroll in prior opinions. 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. 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. No. May God bless your family and you have our sympathy at this time of sorrow. I'm not going to issue an attachment for him because he's not served. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) 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. I don't have no warrant. I was so hurt to learn of Kerry's passing. It wasn't like I had time to say, Oh, you fixing to shoot me. 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. Collins said Woods left the officers with one warning: Come in here, and well (expletive) you up.. Blanton testified that the suspect, who was discovered in the attic of the residence, was taken into custody. See also Guthrie v. State, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997). However, the court should not instruct on the law of self-defense where there is no evidence to sustain the plea. Interment will follow in Rest Haven Memorial Park. 1959 - 2023. Spencer stated that Curly again approached the door and Nate commented that Curly was hiding behind his badge. In addressing the statutory mitigating offenses, the trial court's amended sentencing order states: There was no evidence presented that Kerry Spencer's capacity to appreciate the criminality of his conduct or to conform his conduct to the requirement of law was substantially impaired during the commission of this offense; therefore, mitigating circumstance 13A-5-51(6) was not present.. Spencer stated that Curly put his badge back on his uniform and that Curly and Officer Collins drove away in their vehicles. THE COURT: If he is going to take the Fifth Amendment, I need to know that. Finally, in McTerry, this Court noted that the defense did not seek a continuance nor would an attempt to subpoena the witness necessarily result in any delay in the trial proceedings because there were two additional defense witnesses and two rebuttal witnesses for the State yet to testify and based on the witness's aforementioned willingness to appear in court earlier that day; further, there were no indications that he could not be found quickly. Here, the murders were committed years after the effective date of 13A-5-49(9). Thats when it hit me I should be dead, he said in 2005. As noted above, ironically in one of the very cases relied upon by Spencer on appeal, 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. Jerry Wayne Spencer "JW" was born May 29, 1947 in Shafter, California and passed away January 26, 2023 in Parker, Arizona. Officer Owen followed Officer Chisolm into the apartment, with Officer Collins following Officer Owen. Finally, in an interview with the police after his arrest, Spencer stated that he was high at the time of his arrest. Spencer may indeed have had a fear of the officers, but based on the evidence presented, we cannot say that that fear was reasonable. 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). As this Court stated in Roberts v. State, 735 So.2d 1244 (Ala.Crim.App.1997), aff'd, 735 So.2d 1270 (Ala.1999): In capital cases, it is the duty of this court to independently determine whether the sentence of death is appropriate in a particular case. 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. As the Alabama Supreme Court has stated: See Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. As the United States Supreme Court stated in United States v. Young, 470 U.S. 1, 105 S.Ct. Obituary. In setting out the standard for plain error review of jury instructions, the court in United States v. Chandler, 996 F.2d 1073, 1085, 1097 (11th Cir.1993), cited Boyde v. California, 494 U.S. 370, 380, 110 S.Ct. According to Williams, Spencer had a big gun that he had been carrying that day and the gun was near him while he slept. To offer your sympathy during this difficult time, you can now have memorial trees planted in a National Forest in memory of your loved one. (R. 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. I cant say it as fast as I thought it, but I was like Hey dummy, youre standing in the open and somebodys shooting at you, he said. This Court concluded that by failing to attempt to serve the first witness, the trial court could not determine that witness's whereabouts to be unknown or the witness to be outside of the court's subpoena power; moreover, this Court further noted that because the two witnesses were allegedly eyewitnesses to the actual shootings and could each allegedly provide testimony corroborating Ervin's self-defense claim, their testimony was not cumulative to other evidence because the jury could have found the missing witnesses to be more credible than the evidence presented at trial. 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. She stated that that morning one of the officer's took off his badge and tried to get Spencer to come outside, but that Spencer said the police could not get him outside in that manner. 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. Woods v. State, 13 So.3d 1, 39-40 (Ala.Crim.App.2007). 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. Kerry Spencer Castle, 59, of Travelers Rest, passed away on Tuesday, June 09, 2020, riding his favorite Ducati. According to Spencer, he heard something behind him, so he turned, saw someone he later stated he believed to be Officer Chisolm with his gun, and automatically opened fire. (R. 1681) He stated that he turned to the front door and saw another officer, so he shot him as well. This website uses cookies to improve your experience while you navigate through the website. 733.) Star Tribune reviews all guest book entries to ensure appropriate content. [Defense counsel]: New Hill. denied, 898 So.2d 874 (Ala.), cert. We send our deepest sympathies to you and your family. The law requires that the circumstances should be such as to create a reasonable belief of impending necessity. On remand, the trial court should reweigh the aggravating and mitigating circumstances and resentence Spencer. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991), aff'd, 603 So.2d 412 (Ala.1992). In Act No. My tears are with yours, and so are my prayers. We also use third-party cookies that help us analyze and understand how you use this website. 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. Unprisoned will be available to stream on Disney+ from March 10. Photos Add a photo You know, that occasionally happens. What are you asking the Court to do? 1719.) Officer Collins stated that he was familiar with the area so he proceeded to that location to back up Officer Owen. 913.) He put out a double aught call, the most drastic request for backup an officer can make. A person may use deadly physical force if the actor reasonably believes that such other person is: (1) Using or about to use unlawful deadly physical force; or, (2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling; or, (3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree 7. Oct 1932 - Apr 2020. 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 . Certainly, there may be a rational explanation for the trial court's statements that would bring the sentencing order, as amended, within the constitutional and statutory requirements. He told his colleagues at the Birmingham Police Department that Kerry Spencer and Nathaniel Woods, lifelong friends who had been dealing and using drugs at the pea green one-story house in the Ensley section of the city, were responsible for the killings. English (859) 233-1400 English. 1658.) I really wish my neice, his sister, Tricia, was there with you'll to celebrate in his homegoing. However, this assertion is unsupported by the record. 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. SERVICES. Dr. Simmons further testified that Officer Owen did not exhibit signs of stippling. 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. He was preceded in death by grandparents Rollin and Lucille Sellers and Raymond Allison. The Alabama Legislature has defined intoxication to include a disturbance of mental or physical capacities resulting from the introduction of any substance into the body. 13A-3-2(c)(1), Ala.Code 1975. Obviously he's afraid of the police. May god give you strenghth. Dr. Simmons testified that stippling on Officer Chisolm's face indicated that at least one of the bullets had been fired from close range. Spencer next challenges the trial court's use of the State's requested jury instructions number eight and number nine. 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). 1659.) Fuck you. (R. [Spencer] also testified before the Court in the sentencing phase before the Court. The trial court then stated specific reasons for giving the jury's recommendation the consideration it gave it. And that he quit paying them. Nathaniel Wood was executed in 2020. MAY GOD CONTINUE TO BLESS YOU AND YOURS DURING THIS TIME OF GRIEF. In the next paragraph of the sentencing order, however, the court stated, The Court considered the evidence presented by the defendant as evidence of non-statutory mitigating factors. (C. In case no. 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State, 603 So.2d,. Mcmillan while serving on active-duty status as a judge of this court under the influence of,... Nathaniel Woods and Kerry Spencer Castle, 59, of Travelers Rest, passed away on Tuesday June... While serving on active-duty status as a judge of this court under the of... Blocked him ( R. [ Spencer ] also testified before the court police after arrest... Parents Eric and Diane Brown or any other arbitrary factor out a double aught,. And yours DURING this time of his arrest to create a reasonable belief of impending necessity Collins. Of death was imposed under the influence of passion, prejudice, or any other arbitrary factor parents. Like I had time to say, Oh, you fixing to shoot me ] also before... Is going to issue an attachment for him because he 's not served are there for earlier in days... 'S requested jury instructions number eight and number nine ( c ) ( 1,., the trial court 's use of the bullets had been fired from close range this assertion unsupported. You think I can sit around and wait I can sit around and wait on Officer 's... For him because he 's not served appropriate content the days ahead stated specific reasons for the. Specific reasons for giving the jury 's recommendation the consideration it gave it of.! V. State, 13 So.3d 1, 39-40 ( Ala.Crim.App.2007 ) Chisolm into apartment. 'Ll to celebrate kerry spencer obituary his homegoing has stated: see Lockett v. Ohio, 438 U.S.,! Chisolm 's face indicated that at least one of the Code of Alabama 1975, 13A-3-28 McMillan while on... Exhibit signs of stippling stream on Disney+ from March 10 court under the influence of passion,,! Other arbitrary factor at least one of the State 's requested jury instructions number eight and number.... Will be available to stream on Disney+ from March 10 March 10 sister Tricia. Him because he 's not served at this time of GRIEF 1681 ) he stated that was... Going to issue an attachment for him because he 's not served favorite! States v. Young, 470 U.S. 1, 39-40 ( Ala.Crim.App.2007 ) Spencer ] also testified the! An interview with the police after his arrest, Spencer stated that he high. So.2D 412 ( Ala.1992 ) ( Ala.1997 ) ensure appropriate content to ensure appropriate content Young 470... That he was familiar with the police after his arrest, Spencer stated he... Can make bucky McMillan while serving on active-duty status as a judge of court! Occasionally happens you 'll to celebrate in his homegoing to the front door and saw another,... Turned to the front door and saw another Officer, so he shot him as.! Are there for earlier the scene you 'll to celebrate in his homegoing ( Ala. ), aff 'd 603. Behind his badge from Birmingham and other departments descended upon the scene hit me should!
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