1183, 161 L.Ed.2d 1 (2005), Duke v. Alabama, 544 U.S. 901, 125 S.Ct. You can object [defense counsel], but quite frankly-. ), aff'd 500 So.2d 1064 (Ala.1986), cert. Officer Collins stated that he was familiar with the area so he proceeded to that location to back up Officer Owen. The question as to whether or not the circumstances in which the parties were at the time the fatal blow was stricken were such as to impress a reasonable man that the defendant was in imminent danger of losing his life or suffering great bodily harm, and whether or not the defendant entertained such belief were inferential facts to be drawn by the jury. Kennedy v. State, 240 Ala. 89, 91, 196 So. 1719.) And secondly he's your last witness. Blanton testified that the suspect, who was discovered in the attic of the residence, was taken into custody. Kerry was a very special person, and I'm glad to have known him. He is preceded in death by Father Jack Spencer, Mother Joyce Spencer, Sister Debra and Brother Brian. In Act No. Spencer testified that after he watched Curly and Officer Collins drive off, he noticed Nate talking to Officer Chisolm, who he knew as Robo. Spencer stated that he joined the argument and cursed at Officer Chisolm and told him to leave. Kerry Spencer had taught her kids to baby sign before they could speak so they could communicate while they were infants. 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. Officer Bennett's body was found at the front door of the apartment. Officer Collins then radioed a double aught call, which he stated was the most drastic request for assistance, meaning an officer was down and assistance was needed from any precinct in the city. The officers argued with Woods through a screen door. Just inside the kitchen, Chisholm got Woods down on the floor as if he was about to handcuff him, and Woods yelled, I give up. 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. While it is not required that where a person is menaced he must wait until a weapon is presented ready for deadly execution, yet the danger must be real or so manifestly apparent as to create a reasonable belief of presently impending peril to life or limb. Obituaries week of March 1; . (Emphasis added.) He stated that he then heard a radio transmission from Officer Bennett that [t]hey are coming out the front. (R. His attitude in both was one of entitlement or justification. Randall Washington testified that he was working on Courtney Spencer's automobile in front of the apartment at the time the officers arrived. 733.) A little boy creeped out while sitting on Santa's lap used baby sign language to tell his parents he was not feeling safe with Old Saint Nick. 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. Ryan Kreidler (R) -- IF, OF The first nine on this list are pretty good bets. Spencer, Bill 81 May 21, 1935 June 17, 2016 William Bill Earl Spencer, of Portland, passed away June 17, 2016. "Nathaniel Woods is 100% innocent," Kerry Spencer, the confessed gunman also on death row, wrote in an open letter ahead of Woods' planned execution, adding, "I pray that my words don't fall on . A native of Union County, SC, he was the son of the late Milton Wallace. 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. Spencer next argues that the trial court erred in refusing to instruct the jury on self-defense. Kerry took the time to COMPLETELY hear me out about the details of my case. Finally, Spencer failed to meet his burden of showing that the officers were in the apartment with a felonious intent. Finally, in case no. 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. THE COURT: Well, my point is he's got a lawyer I guess on these pending charges. 77.) I was so hurt to learn of Kerry's passing. make a charitable donation in a loved ones memory, plant memorial trees in a loved ones name. I give up. Perry was born on November 18, 1950, in Jamestown, NY, the son of the late Gordon and Florence Hollabaugh Spencer. Olive Evelyn Decima Spencer. Although there was evidence that the appellant had been drinking beer on the day of the robbery-murder, there was no evidence concerning the quantity of beer he consumed that day at the time of the murder. . Even assuming, without finding as true, Spencer's contentions that the officers made remarks during the earlier encounter that caused Spencer to fear that the officers would hurt or kill him, those comments were made hours before the final encounter where the officers were killed. 733.) He has a legal right to invoke the Fifth Amendment if his lawyer advises him to do that. According to Spencer, he went to the back door and saw a gun next to an officer on the ground so he picked the weapon up and put it in his pocket, because he did not know if the officer was dead and he did not want the officer to shoot him in the back. [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. It was originally set for trial on April 11, the same day this was to be tried, this particular case to be tried. Kerry joint-manager Declan Quill says his team have a target on their backs after they booked their place in the Lidl NFL Division 1 final thanks to another fantastic win . In determining whether to charge the jury on self-defense, evidence most favorable to the defendant should be considered and if there is the slightest evidence tending to prove a hostile demonstration which can be reasonably interpreted as placing the accused, at the time of the killing, in apparent imminent danger to life or other grievous bodily harm then the matter of self-defense becomes a question for the jury. Byrd v. State, 257 Ala. 100, 104, 57 So.2d 388, 391 (1952). Ex parte Saranthus, 501 So.2d 1256 (Ala.1986). Spencer further notes that the State even requested a jury instruction on the level of intoxication necessary to negate a specific intent to kill and thus the trial court so instructed the jury. [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). 1430.) I will continue to lift this family in prayer. There are no events at this time. At that point, Officer Bennett was paralyzed and would not have been able to move to touch the defendant's leg. 190, 192 (1891). The God we serve in Mobile, Alabama is the same one that sits high and looks low in Dallas, Texas. 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). THE COURT: Sure. Officer Collins testified that after receiving confirmation that the warrant was valid, he and Officers Owen, Bennett, and Chisolm returned to the apartment to serve the arrest warrant on Woods. On September 23, 2005, the trial court overrode the jury's recommendations and instead sentenced Spencer to death for the capital-murder convictions (CC-04-4129, CC-04-4130, CC-04-4131, and CC-04-4833); the trial court sentenced Spencer to life imprisonment for the attempted-murder conviction in case no. 928 So.2d at 326-27. This Court puts no weight on this proffered theory by the defense.. Thus, evidence that the defendant ingested alcohol or drugs, standing alone, does not warrant a charge on intoxication. Despite Spencer's assertions to the contrary, the instructions did not lessen the State's burden or amount to an affirmative charge for the jury to return a finding of guilt. The trial court was directed to reweigh the aggravating circumstances and the mitigating circumstances in resentencing Spencer. The court must do all that the defendant calls upon it to do within the legal power of the court to obtain evidence under Article I, 6. Our thoughts and prayers are with you and your family during this difficult time. Williams testified that she looked and saw Nate in the doorway. Leave a sympathy message to the family on the memorial page of Kerry Donald Spencer to pay them a last tribute. . Kerry Farmer SUMMERVILLE - Kerry Farmer, 77, of Summerville, husband of Judy Farmer, passed away on Friday, January 20, 2023. She was described as a real doll. He loved beaches, roller coasters, cars, music, art and fishing. In weighing the aggravating circumstances against the mitigating circumstances, the trial court accorded great weight to the aggravating circumstance of 13A-5-49(5), Ala.Code 1975, noting that the officers were acting as agents of the court in their attempt to duly serve warrants, and that two of the three officers were gunned down from behind without any opportunity to draw their weapons. The state contends that the appellant's motion for a subpoena amounted to a motion for a continuance. 190 (1892), however unsatisfactory and inconclusive to the judicial mind the evidence of self-defense may appear. You have funeral questions, we have answers. This beautiful baby boy was named Kerry Darnell Williams, the second oldest of six children. On the morning of the shooting, he went to take a nap. THE COURT: If he is going to take the Fifth Amendment, I need to know that. Sneed v. State, 1 So.3d 104, 123 (Ala.Crim.App.2007), quoting Williams v. State, 710 So.2d 1276, 1305 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997). This appeal, which is automatic when a defendant has been sentenced to death, followed. Officer Jody Jacobs of the Birmingham Police Department testified that he interviewed Spencer at the police station after Spencer was taken into custody. 900, 903, 413 N.E.2d 378, 381 (1980).. I didnt think there was much hope., He looked back at the apartment and saw a man, later identified as Kerry Spencer, standing just outside the apartment, firing a gun at him. Terry "Cot" Spencer, 65, of Carlisle, SC passed away on Wednesday morning, July 27, 2022 in Ellen Sagar Nursing Home. 2348, 147 L.Ed.2d 435 (2000), was not violated because the jury's verdict in the guilt phase found that fact to exist beyond a reasonable doubt). 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. But opting out of some of these cookies may affect your browsing experience. They don't have seizures at all. 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. 706.) Officer Collins testified that as they walked back to their automobiles, Officer Chisolm arrived and got out of his automobile. Spencer v. State, [Ms. CR-04-2570, February 27, 2009] --- So.3d ----, ---- (Ala.Crim.App.2008). He stated that he looked at the doorway of the apartment and saw a man standing just outside the apartment and firing a gun in his direction. 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