190, 192 (1891). He was 81 years old. 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. THE COURT: Well, my point is he's got a lawyer I guess on these pending charges. 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. Woods and Kerry Spencer were convicted of capital murder and sentenced to death in the slayings of the three Birmingham officers. The court did not err in not instructing the jury on intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time the robbery-murder occurred. '. Sat, 25 Feb, 2023 - 02:00. Whitehead v. State, 429 So.2d 641 (Ala.Cr.App.1982). King v. State, 71 Ala. 1, 4 (1881). Spencer testified that he hid in the attic and that he did not resist when the police discovered him. Additionally, Spencer, knowing that the officers had returned because he looked out the window, exacerbated the situation by intentionally grabbing his loaded SKS assault rifle and proceeding toward the commotion in the kitchen. (C. 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. MAY GOD CONTINUE TO BLESS YOU AND YOURS DURING THIS TIME OF GRIEF. He got in trouble in April of 2004 regarding attempted murder charges. The trial court has complied with our instructions and has submitted on remand an amended sentencing order, again sentencing Spencer to death. Spencer, Bill 81 May 21, 1935 June 17, 2016 William Bill Earl Spencer, of Portland, passed away June 17, 2016. Later, with a photo of Woods and a copy of the warrant in hand, they set out to arrest Woods. ), aff'd 758 So.2d 81 (Ala.1999). I am so happy I had him in my life. Thus, although Spencer may not have formally requested a continuance, the actions he sought the trial court to undertake, of necessity, were the functional equivalent of a continuance. 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. Thus, the trial court considered the evidence presented by Spencer but accorded it no weight. 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. You also have the option to opt-out of these cookies. The God we serve in Mobile, Alabama is the same one that sits high and looks low in Dallas, Texas. Moreover, the trial court attached little weight to Spencer's lack of significant history of prior criminal activity. View . Because the evidence was proper to establish factors such as motive and intent, we find no plain error in the trial court's failure to sua sponte issue a limiting instruction as to the complained-of evidence. The trial court refused to issue the subpoena. Obituary Terry Allen Spencer, 38, of Lexington, died November 4, 2021. Neil went home to be with his Lord and Saviour. THE COURT: I don't know that he was served. Spencer v. State, [Ms. CR-04-2570, April 4, 2008] --- So.3d ----, ---- (Ala.Crim.App.2008). 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. 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. Sgt. He stated that he then heard a radio transmission from Officer Bennett that [t]hey are coming out the front. (R. The record clearly shows that more than sufficient time had elapsed between the time the last drugs or alcohol was ingested and the shooting.. God will give you comfort and strength at this time of great loss. Instead, he ran out the back door to make his way to Bennett. In McTerry, Williams, the witness at issue had been subpoenaed by the State and was the only eyewitness to the shooting other than the victim. 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). While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court.. Wayne Travis. The sentencing order is unclear as to whether the court found any nonstatutory mitigating circumstances to exist. As Spencer correctly argues, there was additional nonstatutory mitigating evidence offered by the defense; Spencer's mother and uncle testified at the sentencing hearing about Spencer's upbringing and demeanor. Because the trial court has complied with the requirements of our remand concerning its sentencing order, Spencer's sentencing will now be reviewed pursuant to Rule 45A, Ala. R.App. More times than not they don't, but sometimes they do., This Court finds that the defendant's story that he shot Officer Bennett out of a mere reaction to his touching his leg defies logic and common sense. 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. 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. Ervin, 584 So.2d at 949. 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. 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 . He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. Other times people just die and they don't have any seizures at all. Audra Tieara,Allegra & Joseph Antwine/Johnson. SPENCER, Warren Reginald "Reg" - Passed peacefully on Wednesday October 14, 2020 at the age of 80 years. Food has always been a go-to for people in mourning. My prayers go out to you and your family in your time of bereavement. On remand, this ambiguity must be clarified.. Born February 13, 1983, in Morehead, KY, Terry was the son of the late James Spencer and Sharon Stevens Richmond. He took cover behind his police cruiser. He stated that he went to the front door and saw an officer standing there, so he shot him as well. Kevin Towles. Cook v. State, 46 Ala.App. [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. Copyright 2023 Echovita Inc. All rights reserved. You and your family will be in my thoughts and prayers. 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 . In light of the many levels of judicial scrutiny ahead in this case, we conclude it proper to again remand for the trial court to clarify its sentencing order on this point. Echovita offers a solidarity program that gives back the funds generated to families. No. Show me the papers. (R. Accordingly, we conclude that the trial court did not commit plain error in failing to give the jury a limiting instruction regarding its use of the evidence relating to Johnson's prior bigamy conviction and her prior bad acts, including her adulterous relationships, sexual manipulations, and proddings, because that evidence, as discussed above, was properly admitted as substantive evidence of the offense with which Johnson was charged and was not offered for purposes of impeachment.. He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. The officers' deaths in a hail of gunfire rocked Alabama's . May your memories bring you comfort. There was simply insufficient evidence from which a jury could have found beyond a reasonable doubt that Spencer was unable to form the requisite intent to commit capital murder, because he was experiencing a disturbance of mental or physical capacities, resulting from drug or alcohol use at the time of the murders. Several of the officers who responded to the double-aught call testified at trial. See Rule 45A, Ala.R.App.P. 61.) 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). 928 So.2d at 326-27. [Defense counsel]: He has indicated on numerous occasions he's going to be here. McTerry, 680 So.2d at 955. Previous Next A number of officers canvassed the neighborhood after failing to locate the suspects in their initial search of the apartment. Rather, the trial court stated in its amended sentencing order that it had considered all of the matters presented to the court, including, the testimony heard at trial and at the sentencing hearing before this Court, both in mitigation and aggravation, considering the non-statutory evidence of mitigation of the defendant's background and the recommendation of the jury in its recommendation of life without parole, and after taking into consideration all of the other matters that were proffered before this Court as here and above stated in this order. There they found, and removed, shrapnel from his leg. In Brownfield v. State, [Ms. CR-04-0743, April 27, 2007] --- So.3d ---- (Ala.Crim.App.2007), this Court noted that both this Court and the Alabama Supreme Court have repeatedly held that the United States Supreme Court in Ring did not invalidate Alabama's death-penalty statute. This was the sum total of the non-statutory mitigating evidence offered by [Spencer]. Spencer testified that Curly had attempted to force his way into the apartment through a window approximately eight months before the shootings, but that Nate had gotten his videocassette recorder and filmed the incident, startling Curly and causing him to jump back and leave. To share condolences please visit www.brookhavenfuneral home.net. In Sneed v. State, 1 So.3d 104 (Ala.Crim.App.2007), this Court addressed a similar issue; after discussing the Supreme Court's holdings in Taylor and Carroll, this Court stated: In Ex parte Carroll, the supreme court held that a jury's recommendation of imprisonment for life without the possibility of parole must be considered as a mitigating circumstance. My thoughts and prayers are with you in this time of deep sorrow. 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. According to Spencer, Nate and he ran to the house where Spencer was ultimately arrested and watched television with the homeowner. Finally, Spencer failed to meet his burden of showing that the officers were in the apartment with a felonious intent. However, Spencer's reliance on this Court's opinion in Johnson is misplaced. [Assistant defense counsel]: He indicated to us he was going to testify. Carolyn Slaughter testified that she lived in the apartment complex at the time of the shootings. 558 (1916). View Perry Spencer's obituary, contribute to their memorial, see their funeral service details, and more. Blanton testified that the suspect, who was discovered in the attic of the residence, was taken into custody. See People v. Coney, 98 P.3d 930 (Colo.Ct.App.2004) (holding that evidence of other offenses or acts that are part and parcel of the charged offense is admissible as res cestae and may be admitted without a limiting instruction); State v. Long, 173 N.J. 138, 171, 801 A.2d 221, 242 (2002) (evidence of the defendant's actions served to paint a complete picture of the relevant criminal transaction and therefore was admissible, and a limiting instruction was unnecessary because the evidence was admitted under the res gestae exception); and Camacho v. State, 864 S.W.2d 524, 535 (Tex.Crim.App.1993) (holding the evidence of the extraneous offenses showed the context in which the criminal act occurred, i.e., the res gestae, and was therefore admissible and not subject to the requirement of a limiting instruction). He stated that Officer Bennett sustained a very close-range gunshot wound below his left eye, which passed through his brain case and portions of the brain before exiting though the back of his skull; he further testified that Officer Bennett sustained a gunshot wound to his chest that lacerated his heart and impacted his liver, esophagus, aorta, right adrenal gland, and spine but did not exit his body, and entrance and exit wounds on his arm associated with a third gunshot. Southfield, MI, 48033-2584. See Pilley v. State, 930 So.2d 550, 562 (Ala.Crim.App.2005). Spencer stated that he looked out the back door and saw Officer Collins at the back of the apartment with his gun drawn and that Officer Collins ran behind his police car. She said that she left for a few minutes after the officers left the first time, and that she was at the apartment and saw the officers arrive the second time. The Health and Information and Quality Authority (HIQA) began an unannounced two-day inspection at the hospital yesterday. 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. In addition to the plethora of guns and unspent and spent ammunition discovered in and outside the apartment where the shootings occurred, the testimony indicated that Officer Owens's holster was damaged and that his service handgun was not located in the vicinity of his body. On October 20, 2005, the trial court held a hearing on Spencer's motion for a new trial and denied that motion and Spencer's motion for reconsideration of his sentences and amended motion for reconsideration of his sentences that day. In the absence of evidence tending to show both that the appellant was in actual or apparent imminent peril and that he was unable to retreat, it is assumed that he was not in such peril and that he was able to retreat. They are irritated. 401, 406-07, 265 So.2d 185, 190, cert. White Plains, New York, United States Over the course of two summers, supporting office activities at a music summer camp. 740, 743, cert. That being said, we would expect if this man showed up to testify to some very important facts to this case, specifically as to why Carlos Owen and Harley Chisolm were going to the apartments on the numerous times on the date of the shootings. [Section] 13A-6-3(a)(2) is designed to cover those situations where the jury does not believe a defendant is guilty of murder but also does not believe the killing was totally justified by self-defense. Shultz v. State, 480 So.2d 73, 76 (Ala.Crim.App.1985). See, e.g., Stallworth v. State, 868 So.2d 1128 (Ala.Crim.App.2001) (opinion on return to remand) (if the aggravating circumstance that elevated the punishment to death was also an element of the capital offense, Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 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. Officer Collins testified that he heard additional gunfire as he was taking cover behind his automobile and that bullets were striking his vehicle. See also Kennedy v. State, 240 Ala. 89, 196 So. Officer Owen informed Officer Collins that the man at the doorway was Nathaniel Woods.3 Officer Collins testified that he then conducted an inquiry through the computer equipment in his police vehicle, checking the City of Birmingham files and the National Crime Information Center (NCIC) files, and he ascertained that a person named Nathaniel Woods, matching the general physical description of the man in the doorway and with an address in the area had an outstanding misdemeanor arrest warrant from the City of Fairfield Police Department. Spencer did not claim to be intoxicated at the time of the shootings. FAQ. There was evidence and testimony presented during the trial and sentencing phases of the Defendant's home life, early family life, lack of education and lack of a functional and traditional family unit. 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. We didnt know for sure 100 percent that it was him, so we had to get the picture, Collins said in a 2005 interview. Indeed, the trial court had already afforded Spencer some additional time by dismissing the jury for the evening the day before when the defense announced that its next witness, i.e., Cooper, was not present, and allowing Spencer until 8:30 the following morning to attempt to locate Cooper and secure his presence. She exemplified the meaning of the word "sweetheart" in every possible way. In case no. 161, 13 So.2d 776, cert. Spencer bases his argument, however, in large part on the Alabama Supreme Court's holding in Ex parte Minor, 780 So.2d 796 (Ala.2000), which he characterizes as a case in which that Court came close to establishing a per se claim of reversible error when a trial court did not give, sua sponte, a limiting instruction concerning the proper use of bad acts evidence introduced in a capital murder trial. (Spencer's brief at p. Learn more about FindLaws newsletters, including our terms of use and privacy policy. This Court stated: A corollary to the accused's right to compulsory process is the court's obligation to ensure that that right is not violated for procedurally pretextual reasons. 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. Finally, in an interview with the police after his arrest, Spencer stated that he was high at the time of his arrest. (82 years old). The toddler was pictured using his baby version of ASL to sign 'help' to his mum Credit: Kerry Spencer. Bern, my thoughts and prayers are with you and your family in your time of sorrow. 41-42.) 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. According to Officer Collins, he and Officer Owen were informing Officer Chisolm of the series of events that had transpired and someone inside the residence continued yelling, Fuck the police. (R. He did, but it was to curse them and argue he wasnt a wanted man. Carolyn Slaughter testified that she lived in the slayings of the three Birmingham officers to families of! Make his way to Bennett 1971, in Dallas kerry spencer obituary TX, to James Moton and (... Our terms of use and privacy policy thoughts and prayers are with you and your family your! 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