We remanded the case to the trial court to clarify its findings concerning the nonstatutory mitigating circumstances and the judicial override of the jury's advisory verdict of life imprisonment without parole. This comes out of the Code of Alabama 1975, 13A-3-28. There is no indication that the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor. Mr. Sanders died Tuesday, February 21, 2023 at his residence. The trial court refused to issue the subpoena. Finally, as the trial court noted, there was some question as to whether the testimony, as proffered, would have even been admissible. At a preliminary hearing Williams testified that he could not positively identify the shooter. May God bless you and your family in this time of sorrow. 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. Spencer, citing Ring v. Arizona, 536 U.S. 584, 122 S.Ct. You also have the option to opt-out of these cookies. Officer Collins testified that they radioed Officer Chisolm and asked that he come to the back of the apartment to show Woods the printout of the NCIC information and the photograph of Woods from the files. 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. 1689.) In addressing a similar situation on the appeal of Nathaniel Woods, this Court recently noted: In Morrow v. State, 928 So.2d 315 (Ala.Crim.App.2004), this Court addressed a similar situation: In addition, in its order, the trial court stated the following regarding nonstatutory mitigating circumstances: The Judge, just as the jury, is entitled to consider anything, any matter that the Court might find in any way to be mitigating in order to consider the same and balance the same with the aggravating circumstances as found by the Court. I went to high school with Kerry and remember him as a fun person to be around. 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. Spanish. CC-04-4130, Spencer was convicted of intentionally causing the death of Harley A. Chisolm III, by shooting him with a firearm while Chisolm was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. 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. In case no. Flawless Execution. Alabama . 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. Scott v. State, 34 Ala.App. THE COURT: Well, let me ask you a question. 102 people are at the hospital today with 44 in the emergency department and 58 are in wards elsewhere. In case no. Some kind of incident happened in New Hill in Birmingham or in the Bessemer District of Jefferson County. October 7, 2021 . See 13A-5-53(a), Ala.Code 1975.1. When I saw him, I was like, Thank God, Collins remembers. 285, 126 L.Ed.2d 235 (1993).. He stated that he and other officers entered the front door of the apartment and that he saw Officers Owen and Chisolm lying on the floor pretty obviously dead. (R. [E]very accused is entitled to have charges given, which would not be misleading, which correctly state the law of his case, and which are supported by any evidence, however weak, insufficient, or doubtful in credibility. Ex parte Chavers, 361 So.2d 1106, 1107 (Ala.1978). Receive obituaries from the city or cities of your choice. See Dill v. State, 600 So.2d 343 (Ala.Crim.App.1991), aff'd, 600 So.2d 372 (Ala.1992). 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. According to Dumas, Spencer fired the weapon on the night before the shootings and essentially kept it in his possession from the time he purchased it until the shootings the following day. The trial court noted: In CC-04-4129 the jury's recommendation was nine (9) for life without parole and three (3) for death. Perry was born on November 18, 1950, in Jamestown, NY, the son of the late Gordon and Florence Hollabaugh Spencer. 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. Show me the papers. (R. Write your message of sympathy today. Kerry was a very special person, and I'm glad to have known him. He testified that Officer Chisolm made threatening statements to him that put him in fear for his life and made him believe the police would be back and that he would be a dead man by [Officer Chisolm]. (R. (R. Obituary of Warren Reginald Spencer. See also Raines v. State, 455 So.2d 967, 974 (Ala.Cr.App.1984)., 599 So.2d at 74 (emphasis added). 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. Required fields are marked *. Handled paperwork and organized documents. Prayers from Mobile, Alabama have been sent to you'll for strength, during these difficult times. Calhoun v. State, 932 So.2d 923, 975 (Ala.Crim.App.2005), cert. I give up. Spencer v. State, [Ms. CR-04-2570, April 4, 2008] --- So.3d ---- (Ala.Crim.App.2008). [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. May God bless you with the strength to carry on. Neil went home to be with his Lord and Saviour. Anthony Stanley . The trial court further found the existence of two statutory mitigating circumstances: Spencer's age, pursuant to 13A-5-51(7) Ala.Code 1975, which was 24 at the time of the events; and the lack of significant history of prior criminal activity, 13A-5-51(1), Ala.Code 1975. As to other mitigating evidence, the trial court found that the evidence showing that Spencer had obtained a GED and was an electrician by trade did not carry any significant weight. Thus, the trial court considered the evidence presented by Spencer but accorded it no weight. The Health and Information and Quality Authority (HIQA) began an unannounced two-day inspection at the hospital yesterday. Therefore, Spencer's claim is without merit. The law of self-defense makes use of (1) rules, and (2) the reasonable-person standard. denied, 522 U.S. 969, 118 S.Ct. God is with you during this your time of sorrow. He said he was stunned and that he radioed a shots fired call and considered his options. Randall Washington testified that he was working on Courtney Spencer's automobile in front of the apartment at the time the officers arrived. 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. Ingram v. State, 779 So.2d 1225 (Ala.Cr.App.1999). Johnson v. State, 820 So.2d 842, 874 (Ala.Crim.App.2000).. Dumas identified the SKS assault rifle as the weapon Spencer had purchased on the night before the shootings. SERVICES. 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. Photos Add a photo He graduated from. In CC-04-4383 the count was seven (7) for life without parole and five (5) for death. 2. (Emphasis added.) Sgt. Darryl Turner. They were married for thirty beautiful years and shared many memories together. Spencer stated that Curly put his badge back on his uniform and that Curly and Officer Collins drove away in their vehicles. I will always remember you as the awesome football player with the great personality! Spencer objected during the charge conference when the trial court indicated that it intended to give the now complained-of instructions; his objection was that the officers were not there to effect an arrest of Spencer and that when they went to the apartment to arrest Woods the officers did not necessarily have the warrant in their immediate possession upon request. The trial court cited several reasons for overriding the jury's recommendation. 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. Bush v. State, 168 Ala. 77, 53 So. This belief that the assailant is going to use unlawful deadly physical force must be both honestly entertained and reasonable. THE COURT: Well, my point is he's got a lawyer I guess on these pending charges. 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.. I knew then. If youre in charge of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist. Finally, we cannot say that the trial court would have been in error to have determined that the additional evidence was mitigating but still to have concluded that the imposition of the death penalty was proper. That's why you deal with the witness's lawyer rather than directly with him. Moreover, the trial court attached little weight to Spencer's lack of significant history of prior criminal activity. Home. He put out a double aught call, the most drastic request for backup an officer can make. 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 . The importance of saying "I love you" during COVID-19, Effective ways of dealing with the grieving process, Solutions to show your sympathy safely during the Covid-19 pandemic, Harvey-Engelhardt Funeral & Cremation Services. 24; Cosby v. State, 269 Ala. 501, 114 So.2d 250. Payne v. State, 48 Ala.App. There are no events at this time. The trial court indicated that there was no information indicating that Cooper had ever been served with a subpoena. In most cases, the issue of self-defense is one of ultimate facts solely for determination by the jury, Domingus v. State, 94 Ala. 9, 11 So. The last occasion-. In Pilley this Court provided guidance as to what evidence would be required to form that evidentiary foundation. 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. He was only 31 years old. See also Pilley v. State, 930 So.2d 550 (Ala.Crim.App.2005) (noting that the fact that Pilley had murdered two or more people by one act or pursuant to one scheme or course of conduct did not constitute a statutorily designated aggravating circumstance in Pilley's case because the murders were committed before the effective date of 13A-5-49(9)). ), cert. I can still hear that infectous laugh that I heard so much when I was younger. I wasnt going to stand there and argue. Graveside Service. 401, 406-07, 265 So.2d 185, 190, cert. 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 COURT: It doesn't matter what they are there for earlier. (R. Tawuan Townes. He stated that Officer Owen sustained grazing gunshot wounds and a number of entrance and exit wounds associated with multiple gunshot wounds to his back and arm. 1725-33.) A trial judge may properly refuse to charge the jury on self-defense where he determines that the defendant could not set up self-defense under the facts. Consford v. State, 15 Ala.App. Dr. Simmons testified that stippling on Officer Chisolm's face indicated that at least one of the bullets had been fired from close range. 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. 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. It is always difficult saying goodbye to someone we love and cherish. What are you asking the Court to do? The following morning, defense counsel informed the trial court that Cooper was again not present. Officer Hugh Butler testified that he arrived at the scene and saw another officer in position at the front door of the apartment, so he approached the door as well; according to Officer Butler, as he walked toward the front door, he saw Officer Bennett lying on the ground, stating, I looked down and saw his eyes wide open, his pupils were blown and he had a hole in his face with a little bit of smoke coming out of it. (R. Between 9:00 o'clock and 10:00 o'clock the next morning he drank one beer, he took one Seraquil [sic] and possibly a very small amount of powder cocaine. No. Every memory left on the online obituary will be automatically included in this book. 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. After searching some of the houses, his team was informed that the other search party had encountered one of the suspects, so his team went to that residence to assist. Our trusted partners offer additional helpful tools: At Legacy.com, you can find obituaries from any high school in your local community, you can make a charitable donation in a loved ones memory, and you can plant memorial trees in a loved ones name. He has three attempted-murder charges against him that are pending. If youre in charge of handling the kerry spencer obituary for a recently deceased loved one, this guide a. Also Raines v. State, 600 So.2d 343 ( Ala.Crim.App.1991 ), cert 2 the! 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