Kerry Darnell Spencer of South Carolina was born on August 25, 1971. According to Officer Collins, none of the officers had their weapons drawn when they entered the apartment, and he did not see any of the officers draw their weapons while he was inside the apartment. 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). He got in trouble in April of 2004 regarding attempted murder charges. THE COURT: Okay. He was born Sept. 6, 1956, in South Haven, the son of Donald and Helene Spencer. See Rule 45A, Ala.R.App.P. My previous council lost my case and immediately dropped me as a client. 1719.) And, you know, I probably didn't go to sleep until about 4 in the morning, you know, just dozed off.. Kerry was employed by Mayer Electric for 13 years. 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. As in Woods and the cases cited therein, the trial court here did not enter specific findings as to the existence or nonexistence of nonstatutory mitigating circumstances, and the principles espoused in Ex parte Taylor, Ex parte Tomlin, and Ex parte Carroll, and the cases cited therein, were not met as the trial court's sentencing order did not state that the jury's recommendation was treated as a mitigating circumstance and did not contain specific findings as to the weight assigned to the jury's recommendation of life imprisonment without parole or the reasons for the judicial override of that recommendation. The court determines what the rules are, but it is for the jury to determine whether the standard has been met by the evidence in the particular case. R. Perkins & R. Boyce, Criminal Law 1116 (3d ed.1982). 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. denied, 526 U.S. 1052, 119 S.Ct. This court previously pretermitted a plain-error review of Spencer's sentencing proceeding, pending the trial court's return to our remand order. If you know of an upcoming event for Kerry Spencer Shoemaker, please add one. He attended Boone Public Schools. May your memories bring you comfort. It is the finding of this court that death is the proper sentence in this case. He was untruthful because the undisputed physical evidence contradicts his testimony.. 561, 562 (1934). McTerry, 680 So.2d at 955. 983, 984 (1918). He went to the back door and saw an officer at a police car, so he fired additional shots and then fled through the front door. Thats when it hit me I should be dead, he said in 2005. 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. SPENCER, Neil McConnell:On January 13, 2015, at the Waikari Hospital peacefully. An independent weighing of the aggravating and mitigating circumstances indicates that death is the proper sentence. That's why you deal with the witness's lawyer rather than directly with him. [Defense counsel]: I do object, for the record. That would be images I would have seen forever.. The trial court then stated specific reasons for giving the jury's recommendation the consideration it gave it. Gunfire erupted. Ill never forget that, Collins said. I really wish my neice, his sister, Tricia, was there with you'll to celebrate in his homegoing. Dumas testified that, after the officers left, he went back to sleep until he was awakened later, at which time he got up, washed his face, and then left the apartment to walk to the store a few blocks away. Spencer testified that he sold drugs from the apartment where the shootings occurred. He did, but it was to curse them and argue he wasnt a wanted man. A 1991 graduate of Tarrant High School. Legacy invites you to offer condolences and share memories of Terry. 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. [Defense counsel]: I think we need to make an attempt to see if he is there and see if he is going to come. In order to determine whether the evidence is sufficient to necessitate an instruction and to allow the jury to consider the defense, we must view the testimony most favorably to the defendant. Ex parte Pettway, 594 So.2d 1196, 1200 (Ala.1991).''. ), aff'd 758 So.2d 81 (Ala.1999). 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. 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. View Perry Spencer's obituary, contribute to their memorial, see their funeral service details, and more. Additionally, the initial arguments were between Woods and officers; Spencer willingly joined in the verbal jousting, and again continued his verbal sparring with a second officer even though the first officer had, according to Spencer, made threatening comments. In CC-04-4130 the count was ten (10) for life without parole and two (2) for death. And now that Kerry is gone, the only thing I can say is this: At least 2 of the most handsome men are united "together" in Heaven. denied, 524 U.S. 929, 118 S.Ct. Williams v. State, 161 Ala. 52, 59, 50 So. 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 . See also Brownfield v. State, supra (jury conviction of the capital offense of the murder of two or more people during one act or pursuant to one scheme or course of conduct satisfied the requirement that an aggravating circumstance be found by the jury and the verdict itself rendered the defendant eligible for the death penalty, exposing him to a range of punishment that included the death penalty); and Yeomans v. State, 898 So.2d 878 (Ala.Crim.App.2004) (same). This Court did not consider this as mitigating evidence. See, e.g., Ex parte Hodges, 856 So.2d 936 (Ala.2003); Ex parte Waldrop, 859 So.2d 1181 (Ala.2002); Duke v. State, 889 So.2d 1, 41 (Ala.Crim.App.2002) (opinion on return to remand), cert. Officer Collins stated that he heard Woods yell, I give up. (R. 558 (1916). 190 (1892), however unsatisfactory and inconclusive to the judicial mind the evidence of self-defense may appear. Write your message of sympathy today. Pritchett v. State, 445 So.2d 984 (Ala.Cr.App.1984). Here is Kerry Donald Spencer's obituary. 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. A massive, tense manhunt followed, and Spencer and Woods were arrested later that day. Therefore, Spencer is not entitled to any relief on this claim. Devin Thompson. As to whether the second legally recognized provocation (whether Spencer was assaulted or faced with an imminent assault on himself) is applicable under the facts of this case, we have reviewed the evidence and answer that question in negative. 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. Officer Collins testified that Officer Chisolm pursued Woods into the apartment. Authorize the publication of the original written obituary with the accompanying photo. If youre in charge of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist. 61.) Terry "Cot" Spencer, 65, of Carlisle, SC passed away on Wednesday morning, July 27, 2022 in Ellen Sagar Nursing Home. 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. Family and friends are invited to a funeral service on Tuesday,. 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.. 1647.) Spencer testified that he told Nate they could not sell any drugs that day because of the increased scrutiny from the officers. Sat, 25 Feb, 2023 - 02:00. Michael Taylor. Whether the accused was in imminent peril at the time he shot the victim is a question of fact for the jury. They don't have seizures at all. 519, 41 So.2d 630 (1949). Hundreds of officers from Birmingham and other departments descended upon the scene. Spencer later would testify that they sold drugs out of the apartment, making up to $3,000 a day. denied, 409 U.S. 1079, 93 S.Ct. Instead, he ran out the back door to make his way to Bennett. Dumas identified the SKS assault rifle as the weapon Spencer had purchased on the night before the shootings. You will be greatly missed. However, Spencer's reliance on this Court's opinion in Johnson is misplaced. I still miss Spud. Although [Spencer] offered an apology for his actions, it is in direct contradiction with the undisputed facts of the case nor his statement to police after his arrest, or his testimony before the jury in the penalty phase. I will always remember you as the awesome football player with the great personality! 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. It is well settled that even where the defendant commits the killing due to a sudden heat of passion, an instruction on manslaughter is properly refused where there is no evidence that that sudden heat of passion was caused by a provocation recognized by law. Unless you are experienced as an estate executor, you probably should hire an attorney. 98.) The mandatory and comprehensive nature of the court's obligation to the accused was illustrated in Ervin v. State, 584 So.2d 947 (Ala.Cr.App.1991).. Copyright 2023 Echovita Inc. All rights reserved. 1619.) (Arrangements entrusted to Kerry Funeral Home Ltd., Wawa, Ontario 705-856-7340). Kerry had the zest for life and it showed through his many endeavors over the years. May god give you strenghth. Defense counsel informed the trial court that he had spoken with Cooper on the telephone the day before; he stated that Cooper claimed to have been unaware that he was supposed to be in court and that Cooper wanted to speak with his attorney before agreeing to testify at Spencer's trial. Spencer also filed a motion for reconsideration of the sentences and an amended motion for reconsideration of the sentences. Spencer did not claim to be intoxicated at the time of the shootings. Moreover, the trial court attached little weight to Spencer's lack of significant history of prior criminal activity. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. My point being when it comes down to the liglag and it's time for him to get on the witness stand, both you lawyers are experienced enough to know that he's got a right to have his lawyer here, particularly in light of the evidence that he's got some criminal exposure in relation to all this stuff and that you've got to work with the lawyer about whether he is going to testify. Several of the officers who responded to the double-aught call testified at trial. I called them (the other officers) on the radio but they didnt answer. In Ex parte Edwards, 452 So.2d 503 (Ala.1983), the Alabama Supreme Court held that a private citizen may resist an attempt by law enforcement to subject him to an illegal arrest so long as he does not cause serious injury to the officer. It is solely for the jury to determine whether the inference that accused was in actual or apparent immediate peril is reasonable. Posted by Eddie | July 28, 2021. They found an SKS assault rifle outside the front door of the apartment, and a number of guns inside in plain view. And so instead of having a coordinated movement, like when I pick up this paper clip or whatever, you have just random contractions, seizures if you would. He was such a warm and welcoming man. [Assistant defense counsel]: There are three attempted murders. Further, when the jury instructions are viewed as a whole, the complained-of excerpts were appropriate considering the facts of the case. I knew it wasnt Nathaniel, and I was like, Who the hell is that? , Spencer continued to fire. He is preceded in death by Father Jack Spencer, Mother Joyce Spencer, Sister Debra and Brother Brian. 733.) He is survived by. The evidence from trial showed that the defendant ran out the back door of the apartment as he fired at Officer Collins as he took cover behind his patrol car. Kerry will be deeply missed by everyone who got the pleasure of meeting him. Parsons v. 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