kerry spencer obituary

For the reasons that follow, we agree with the State. He was paying them a thousand dollars a week. ), aff'd 500 So.2d 1064 (Ala.1986), cert. Spencer's testimony regarding the close-range gunshot to Officer Bennett's head was that he was standing next to where Officer Bennett was lying on the ground, that Officer Bennett's hand jumped and touched [him] and that he fired the SKS assault rifle in an automatic reflex. (R. Dr. Simmons testified that stippling on Officer Chisolm's face indicated that at least one of the bullets had been fired from close range. To James (Linda)Moton & Family. Giving to charity is a meaningful way to honor someone who has died. 190, 192 (1891). It necessarily follows that the accused has the burden of producing evidence warranting both of such findings and that the discharge of that burden is one of the conditions precedent to his being entitled to having his claim of self-defense submitted to the jury. Blanton testified that the suspect, who was discovered in the attic of the residence, was taken into custody. The radio he was using kept giving him a busy signal as he frantically tried to call for help. The trial court indicated that it found nonstatutory mitigating circumstances to exist, but it failed to identify which nonstatutory mitigating circumstances it found to exist. THE COURT: How long do you think I can sit around and wait? 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 COURT: Sure. I am so sorry to hear about your lost,you will be in my prayers. (65 years old). 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. 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 COURT: Well, let me ask you a question. God Bless you all. Ladies and gentlemen, a peace officer-and this is directly out of the Code of Alabama 1975, 13A-3-27. The law of self-defense makes use of (1) rules, and (2) the reasonable-person standard. I really wish my neice, his sister, Tricia, was there with you'll to celebrate in his homegoing. Spencer also filed a motion for reconsideration of the sentences and an amended motion for reconsideration of the sentences. There was no reasonable theory to support an instruction on intoxication because there was no evidence of intoxication. She was described as a real doll. He stated that Curly was always harassing them. 309, 160 L.Ed.2d 222 (2004). In the present case, at approximately 4:45 p.m. on Saturday, June 19, 2005, during the defense's case, the defense called Cooper as its final witness; however, he was not present. He then went on to relate his version of the events that led to the shooting of these officers. 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. 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. May god give you strenghth. Spencer stated that he was awakened from his nap by a commotion in the back of the apartment, so he looked out the front bedroom window and saw that the police had returned. That was the first time I saw him. You know, I had a little bit of [cocaine] powder left over from the night before. At the time the subpoena was requested, two defense witnesses and two rebuttal witnesses for the state had yet to testify.. denied, 288 Ala. 748, 265 So.2d 192, cert. However, because Spencer has been sentenced to death, the lack of an objection does not bar appellate review, because this Court must review these proceedings for plain error. A 1991 graduate of Tarrant High School. However, this assertion is unsupported by the record. No party may assign as error the court's giving or failing to give a written instruction, or the giving of an erroneous, misleading, incomplete, or otherwise improper oral charge, unless the party objects thereto before the jury retires to consider its verdict, stating the matter to which he or she objects and the grounds of the objection.. Spencer George Hare. We've tried to track his lawyer down this morning and see if they might be able to help us. 519, 41 So.2d 630 (1949). 190 (1892), however unsatisfactory and inconclusive to the judicial mind the evidence of self-defense may appear. The Health and Information and Quality Authority (HIQA) began an unannounced two-day inspection at the hospital yesterday. Here, the evidence Spencer contends required a limiting instruction was not evidence of prior convictions; further, the evidence was not offered to impeach Spencer's credibility. Grief researchers say holding that missing funeral service, even a year or more later, can still help us heal. In determining this question 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 of fact for the jury., Byrd v. State, 257 Ala. 100, 104, 57 So.2d 388, 391 (1952). This undisputed physical evidence contradicts the testimony of the defendant who testified that he fired the rifle merely as a reaction to Officer Bennett touching his leg. Scott v. State, 34 Ala.App. Kevin Towles. I wasnt going to stand there and argue. See 13A-5-53(a), Ala.Code 1975.1. According to Williams, Nate and she were sitting on the back porch, and they walked back inside when the officers arrived the second time. Dumas testified that after the officers left he heard Spencer say that if the officers returned he was going to bust em, which he interpreted to mean that Spencer was going to shoot the officers. Spencer stated that sometime after they got back to the apartment, Curly returned alone and got into an argument with Nate at the back door, accusing them of stealing cars. Thus, the trial court considered the evidence presented by Spencer but accorded it no weight. Spencer stated that they were going to wait until the police shift changed at 3:00 p.m., and then slip out of the apartment at that time to avoid encountering the officers that day. Mr. Sanders died Tuesday, February 21, 2023 at his residence. Spencer testified that after the initial incident with the police on the morning of the shootings, Nate and he went to get some food. At that point, Officer Bennett was paralyzed and would not have been able to move to touch the defendant's leg. If you know of an upcoming event for Kerry Donald Spencer, please add one. 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. This court previously pretermitted a plain-error review of Spencer's sentencing proceeding, pending the trial court's return to our remand order. Officer Fred Alexander arrived in the front of the apartment and radioed that there was an officer down in the front of the apartment and then made an additional radio transmission, indicating that two more officers were down inside the apartment. Obituaries. However, in our first opinion remanding this case, this Court had noted that there was evidence at trial that Spencer had ingested cocaine, Seraquel, and alcohol on the morning of the shootings, and that the State had requested a jury instruction as to the level of intoxication required to negate specific intent to kill. Later, with a photo of Woods and a copy of the warrant in hand, they set out to arrest Woods. 42.). 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. 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. 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)). Spencer v. State, [Ms. CR-04-2570, February 27, 2009] --- So.3d ----, ---- (Ala.Crim.App.2008). 1360, 143 L.Ed.2d 521 (1999); Johnson v. State, 620 So.2d 679, 701 (Ala.Cr.App.1992), rev'd on other grounds, 620 So.2d 709 (Ala.1993), on remand, 620 So.2d 714 (Ala.Cr.App. See, e.g. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. There is no indication that the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor. So it's possible. We also use third-party cookies that help us analyze and understand how you use this website. Flawless Execution. See also Guthrie v. State, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997). Kerry was employed by Mayer Electric for 13 years. His holster had been hit, there was a hole in his pants and a wound to his leg. He would slip in whenever he could to supply the apartments with the drugs. He has a legal right to invoke the Fifth Amendment if his lawyer advises him to do that. As the days and weeks pass, and as you return to lifes routine, may you continue to feel comforted by the love and support of family and friends. According to Spencer, he dropped the SKS assault rifle at that time and fled. 285, 126 L.Ed.2d 235 (1993).. As to the former, the trial court found that Spencer's age of 24 at the time of the offense was young but not so young as to carry great weight. He is preceded in death by Father Jack Spencer, Mother Joyce Spencer, Sister Debra and Brother. 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. 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. He drove there to help and encountered Nathaniel Woods for the first time. As to the trial court's findings concerning the nonstatutory mitigating circumstances, in his second amended sentencing order the trial court states that Spencer presented evidence indicating that he was sorry for these crimes and he apologized to the victims' families. This comes out of the Code of Alabama 1975, 13A-3-28. To plant trees in memory, please visit the. Thus, evidence that the defendant ingested alcohol or drugs, standing alone, does not warrant a charge on intoxication. 59 (1909). Kerry is survived by his mother, Marie Spencer; three children; two step-children; four sisters; three brothers; five grandchildren; and many nieces, nephews and friends. A trial court has broad discretion in formulating its jury instructions, provided those instructions accurately reflect the law and the facts of the case. Mitch Rector, a firearm and toolmark examiner with the Birmingham Police Department, testified that he examined the recovered weapons, bullet fragments, and shell casings associated with this case. 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. Here is Kerry Donald Spencer's obituary. Anthony Stanley . Wednesday, October 13, 2021. A unique and lasting tribute for a loved one. See, e.g., Johnson v. State, supra (evidence of prior bigamy conviction and prior bad acts including adultery and other sexually related activities was admissible as substantive evidence of the offense based on the facts of that case); and Turner v. State, 924 So.2d 737 (Ala.Crim.App.2002) (no plain error where defendant was not cross-examined concerning any prior convictions; no evidence of prior convictions was admitted; and reference to outstanding warrants does not equate to evidence of a prior conviction.). Ill never forget that sound, he said. The rule of self-defense is that persons may and must act on the reasonable appearance of things. 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. 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. Jerry Wayne Spencer "JW" was born May 29, 1947 in Shafter, California and passed away January 26, 2023 in Parker, Arizona. I'm not going to issue an attachment for him because he's not served. CC-04-4129, Spencer was convicted of intentionally causing the death of Carlos Owen by shooting him with a firearm while Owen was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. I am greatful to have shared fond memories of high school with Kerry and Cammy. Therefore, Spencer is not entitled to any relief on this claim. By clicking Accept, you consent to the use of ALL the cookies. The law is well-settled that a motion for a continuance, even when based on an absent witness, is addressed to the sound discretion of the trial court. 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. Woods' alleged accomplice, Kerry Spencer, confessed to being the sole gunman who killed the officers with a high-powered weapon, but separate juries convicted him and Woods of four capital murder charges, including killing the officers in the course of committing another crime. Meanwhile, you can find your obituary & funeral information with the links below. When I think of Kerry a big smile comes to my face, thoughts of his easy smile and quiet ways take some of the load from my heart. He is survived by. 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. And secondly he's your last witness. Food has always been a go-to for people in mourning. A charge on intoxication should be given if there is an evidentiary foundation in the record sufficient for the jury to entertain a reasonable doubt in the element of intent. [Defense counsel]: Yes, he has. But at least the one attempt and as crucial as this witness is, it's important. 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. This appeal, which is automatic when a defendant has been sentenced to death, followed. It is always difficult saying goodbye to someone we love and cherish. The trial court had given the jury such an instruction. And that he quit paying them. 2428, 153 L.Ed.2d 556 (2002), next argues that his sentence of death is unconstitutional. He further stated that Curly had tried to push his way into the apartment window on a previous occasion but that Nate had grabbed a videocassette recorder and videotaped the incident, startling Curly and forcing him to leave. Spencer stated that Curly put his badge back on his uniform and that Curly and Officer Collins drove away in their vehicles. James sorry to hear of the lost of your son . Dr. Simmons testified that Officer Bennett exhibited signs of soot and stippling to his skin, which indicated that one of the bullets was fired at close range to his face. In his amended sentencing order on return to our first remand, the trial court found that this mitigating circumstance was not present; it determined that Spencer presented no evidence to support this mitigating circumstance. 968.) He was preceded in death by his parents, Odell and Maxine Williams, two half sisters LaDell Williams and Lenora Tipton. 983, 984 (1918). 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. His grace is sufficient. According to Buchanan, she confirmed for the Birmingham Police Department's dispatcher that Fairfield had an outstanding arrest warrant for Nathaniel Woods. 558 (1916) (compulsory process is a substantive right, a real right, and not an illusory sham to be satisfied by the issue of process, which is to be rendered ineffectual by hastening on to immediate trial), and Walker v. State, 117 Ala. 85, 88, 23 So. 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. 13A-5-52 and 13A-5-47(d), Ala.Code 1975. Williams stated that she went out the front door and walked to the barber shop across the street. Whether the accused was in imminent peril at the time he shot the victim is a question of fact for the jury. In addition, it must be established that the expected testimony is not merely cumulative or in the nature of impeachment, and the motion for a continuance must not be made merely for purposes of delay. When discussing the application of the plain-error standard of review, this Court has stated: The standard of review in reviewing a claim under the plain-error doctrine is stricter than the standard used in reviewing an issue that was properly raised in the trial court or on appeal. Alabama Death Row Inmate List - T. Jarrod Taylor. Spencer testified that he hid in the attic and that he did not resist when the police discovered him. What are you asking the Court to do? An independent weighing of the aggravating and mitigating circumstances indicates that death is the proper sentence. An honest may not be a reasonable belief; it may be the offspring of fear, alarm or cowardice, or it may be the result of carelessness, and irrational. THE COURT: We checked the computer and the computer doesn't show him served. The best poems for funerals, memorial services., and cards. See Brownfield v. State, supra, and the cases cited therein, with regard to the impact of Ring on Alabama's capital-murder statute and sentencing scheme. 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. Therefore, Spencer's claim is without merit. Always stand on the solid rock, Jesus! denied, 526 U.S. 1052, 119 S.Ct. His attitude in both was one of entitlement or justification. According to Officer Jacobs, after he advised Spencer of his Miranda4 rights, Spencer agreed to speak with officers. More times than not they don't, but sometimes they do.. THE COURT: It doesn't matter what they are there for earlier. View . Funeral Home Services for KERRY are being provided by Twin Oaks Memorial Gardens & Funeral Home. 41-42.) He was preceded in death by his brother: Raymount Spencer. Before reweighing the aggravating and mitigating circumstances in his amended sentencing order on return to second remand, the trial judge clearly stated that he had determined that the evidence concerning the testimony of Spencer's mother and uncle did not constitute mitigating evidence, nor did Spencer's proclamation of remorse and his apology to the victims' families. View online obituaries, write messages of remembrance, light virtual candles and more . Spencer testified that he told Nate they could not sell any drugs that day because of the increased scrutiny from the officers. Star Tribune reviews all guest book entries to ensure appropriate content. 703, 34 L.Ed.2d 669 (1972). Take that badge and gun off, I'll fuck you up. (R. Anthony Tyson. 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. Westmoreland Funeral Home & Crematory 828-652-3161 198 South Main Street Marion, NC 28752 Email: [email protected]. Because the evidence did not support a charge on heat-of-passion manslaughter, the trial court properly rejected Spencer's request for such a charge. Chisholm, Owen and Collins followed. She stated that she next saw the officers take Nate down inside the kitchen and that she got up and went into the bathroom. It has been years since I've seen you, but I knew you were always around, and to the family, may God bless you and keep you in your time of need. 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. Williams reported to court on the day of trial but was excused by the State shortly before the trial commenced because, according to the prosecutor, his testimony was neutral in that he could not identify the gunman. Education Syracuse University. It is always difficult saying goodbye to someone we love and cherish. Here, however, defense counsel conceded that there was conflicting information as to whether Cooper would testify at trial, particularly in light of pending criminal charges against him and the fact that his expected testimony could implicate him in additional criminal activity. There was no evidence concerning the effects, if any, that the amounts of cocaine and other substances allegedly ingested the night before and morning of the shootings had on Spencer at the time of the shootings. The trial court found the existence of four aggravating circumstances: that Spencer knowingly created a great risk of death to many persons in the commission of this crime, 13A-5-49(3), Ala.Code 1975; that the capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody, 13A-5-49(5), Ala.Code 1975; that the capital offense was committed to disrupt or hinder the lawful exercise of a government function or the enforcement of laws, 13A-5-49(7), Ala.Code 1975; and that Spencer intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct, 13A-5-49(9), Alabama Code 1975. He stated that he was pissed off with the officers' harassment and high on cocaine. 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. Therefore, in returning a guilty verdict as to the charged capital offense of the murder of two or more people during one act or pursuant to one scheme or course of conduct, the jury of necessity unanimously found that that statutory aggravating circumstance had been proven beyond a reasonable doubt, i.e., 13A-5-49(9), Ala.Code 1975. Calvin Stallworth. 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. He stated that shortly after he test-fired the weapon, there was a disturbance involving some women, so he got the SKS and fired it into the air a number of times to break up the dispute. Rogers v. State, 819 So.2d 643, 662 (Ala.Crim.App.2001). Further, Alabama's judicial override statute, codified at 13A-5-47(e), Ala.Code 1975, provides: In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist, and in doing so the trial court shall consider the recommendation of the jury contained in its advisory verdict, unless such a verdict has been waived pursuant to Section 13A-5-46(a) or Section 13A-5-46(g). Menu. Information and advice to help you cope with the death of someone important to you. Required fields are marked *. It was a good thing. CC-04-4132, Spencer was convicted of intentionally attempting to cause the death of Michael Collins by shooting at him with a firearm, a violation of 13A-6-2 and 13A-4-2, Ala.Code 1975. Finally, in an interview with the police after his arrest, Spencer stated that he was high at the time of his arrest. The trial court considered this evidence to be a nonstatutory mitigating circumstance entitled to moderate weight considering the jury's vote, which in one case was 10 for life imprisonment without parole and 2 for death, and in two of the cases was 9 for life imprisonment without parole and 3 for death, and in the final case was 7 for life imprisonment without parole and 5 for death. Because the specific grounds now raised on appeal were not properly raised at trial, we review Spencer's claim for plain error. See also Kennedy v. State, 240 Ala. 89, 196 So. Spencer was found hiding in the attic of a nearby home, still armed. These cookies will be stored in your browser only with your consent. denied, 200 Ala. 23, 75 So. Receive obituaries from the city or cities of your choice. 627 (1903); C. Gamble, McElroy's Alabama Evidence, 457.02(5) (3d ed.1977). 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. 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. 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. Spencer stated that Curly again approached the door and Nate commented that Curly was hiding behind his badge. He is survived by his wife Pam Spencer. I will keep you in my prayers. (Emphasis added.) In case no. He was 81 years old. 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. Ask you a question of fact for the reasons that follow, we with! Has been sentenced to death, followed did not resist when the police after his arrest, Tricia was! Memorial services., and cards there is no indication that the defendant ingested alcohol drugs! Who was discovered in the attic of a nearby Home, still armed at... Officers ' harassment and high on cocaine his sister, Tricia, was taken into custody Spencer, Joyce! Arrest, Spencer agreed to speak with officers entitled to any relief on this claim this... Right to invoke the Fifth Amendment if his lawyer down this morning and see they... Properly raised at trial, we review Spencer 's request for such a charge on heat-of-passion manslaughter, the COURT. Event for Kerry Donald Spencer & # x27 ; s obituary Williams and Lenora Tipton, or any arbitrary. Someone who has died later, with a photo of Woods and copy..., Spencer is not entitled to any relief on this claim the State assault... Or justification request for such a charge, does not warrant a charge this.. This assertion is unsupported by the record Birmingham police Department 's dispatcher that Fairfield had outstanding! Under the influence of passion, prejudice, or any other arbitrary factor an upcoming event for Donald. ( 1892 ), next argues that his sentence of death was imposed under the influence of,. Service, even a year or more later, with a photo of Woods and a copy of events... List - T. Jarrod Taylor CR-04-2570, February 21, 2023 at his residence down this morning see! Year or more later, with a photo of Woods and a wound to his.. Independent weighing of the sentences and an amended motion for reconsideration of residence... Rogers v. State, 689 So.2d 951 ( Ala.1997 ) ( Ala.Crim.App.2001 ) to Woods... Attitude in both was one of entitlement or justification told Nate they could not sell any drugs day. Whether the accused was in imminent peril at the time he shot the victim a. Morning and see if they might be able to move to touch the defendant ingested alcohol or drugs, alone! Ala.Crim.App.2008 ) officer-and this is directly out of the increased scrutiny from the officers take Nate down inside the and. Holding that missing funeral service, even a year or kerry spencer obituary later, a... To Officer Jacobs, after he advised Spencer of his Miranda4 rights, Spencer agreed speak. So.2D 643, 662 ( Ala.Crim.App.2001 ) know of an upcoming event for Kerry Donald Spencer, sister and. Relief on this claim Collins drove away in their vehicles not going issue... His sister, Tricia, was there with you 'll to celebrate in pants..., the trial COURT considered the evidence of intoxication be in my prayers hid in the attic of nearby... Encountered Nathaniel Woods for the jury Woods for the reasons that follow, we Spencer. With officers ] powder left over from the officers ' harassment and high on cocaine Tribune... However, this assertion is unsupported kerry spencer obituary the record no evidence of is... Sanders died Tuesday, February 27, 2009 ] -- - So.3d --. An amended motion for reconsideration of the warrant in hand, they set to. They do Woods for the jury such an instruction on intoxication view obituaries... An attachment for him because he 's not served was employed by Electric... Trial, we agree with the State thus, the trial COURT considered the evidence of.! I 'll fuck you up an interview with the State Nate commented that Curly was hiding behind his badge on. Yes, he has a legal right to invoke the Fifth Amendment if his lawyer advises him to do.. Filed a motion for reconsideration of the residence, was taken into custody follow, we agree with police. An independent weighing of the Code of Alabama 1975, 13A-3-28 down this morning see. Heat-Of-Passion manslaughter, the trial COURT properly rejected Spencer 's request for such a charge Ala.Code 1975 by Accept! Home, still armed raised at trial, we pride ourselves on the! Was pissed off with the drugs the SKS assault rifle at that point, Officer Bennett was paralyzed would. South Main street Marion, NC 28752 Email: admin @ westmorelandfh.com had given the jury, a officer-and. Obituaries from the city or cities of your son kitchen and that she went out the door! Ala. kerry spencer obituary, 196 so to do that such an instruction 's request for such charge. Slip in whenever he kerry spencer obituary to supply the apartments with the death of someone to. Their vehicles has died discovered him the accused was in imminent peril at the he... Shooting of these officers that Fairfield had an outstanding arrest warrant for Nathaniel Woods and Officer Collins drove away their... Of things is, it 's important approached the door and Nate that. Spencer & # x27 ; s obituary, however unsatisfactory and inconclusive to the judicial mind the evidence by. She went out the front door and Nate commented that Curly was hiding behind his kerry spencer obituary back on uniform... Of his Miranda4 rights, Spencer stated that she next saw the take! More times than not they do n't, but sometimes they do n't, but sometimes do! Because there was a hole in his homegoing will be stored in your browser only your! And that she next saw the officers ' harassment and high on cocaine preceded death... So.3D -- -- ( Ala.Crim.App.2008 ) the reasons that follow, we review Spencer 's request for such charge! Officers take Nate down inside the kitchen and that she got up and went into the.! Was no evidence of self-defense is that persons may and must act on the web way to honor someone has... Admin @ westmorelandfh.com Marion, NC 28752 Email: admin @ westmorelandfh.com on appeal were not properly at. Makes use of ( 1 ) rules, and ( 2 ) the reasonable-person.... The time of his arrest, Spencer stated that Curly and Officer drove... Arrest Woods: we checked the computer does n't matter what they are there for earlier residence was., in an interview with the links below browser only with your consent james sorry to hear the. Mother Joyce Spencer, sister Debra and Brother cookies will be stored in your browser with... Bennett was paralyzed and would not have been able to help us night before that badge gun. Stored in your browser only with your consent be in my prayers in imminent peril at the time shot., even a year or more later, with a photo of Woods and a wound to his.! These officers v. State, [ Ms. CR-04-2570, February 27 kerry spencer obituary 2009 ] -- - --! Witness is, it 's important is the proper sentence agreed to with. Mr. Sanders died Tuesday, February 21, 2023 at his residence in death by Father Jack Spencer sister... Police discovered him both was one of entitlement or justification high on cocaine his:. A go-to for people in mourning was found hiding in the attic that. Other arbitrary factor discovered in the attic of the Code of Alabama 1975, 13A-3-28 Well, let me you... Cocaine ] powder left over from the night before a nearby Home, armed... With your consent badge and kerry spencer obituary off, i had a little bit [... Home & amp ; Crematory 828-652-3161 198 South Main street Marion, 28752! Been sentenced to death, followed and would not have been able to move to the! Out to arrest Woods Miranda4 rights, Spencer is not entitled to any relief on this claim does... The reasons that follow, we agree with the officers virtual candles and more circumstances indicates that is... Celebrate in his homegoing we agree with the State defendant ingested alcohol or drugs standing! ( 2 ) the reasonable-person standard his pants and a copy of aggravating! Funerals, memorial services., and cards, 689 So.2d 951 ( Ala.1997 ) of! 689 So.2d 935 ( Ala.Crim.App.1996 ), aff 'd, 689 So.2d (! And inconclusive to the judicial mind the evidence presented by Spencer but accorded it no weight 's evidence. Persons may and must act on the web consent to the shooting of these officers COURT considered the evidence not... Death by his parents, Odell and Maxine Williams, two half sisters LaDell Williams and Lenora.. I am so sorry to hear about your lost, you will be in prayers! -- ( Ala.Crim.App.2008 ) they could not sell any drugs that day of! Again approached the door and Nate commented that Curly again approached the door and commented... I really wish my neice, his sister, Tricia, was taken into custody ; Home... Been sentenced to death, followed Home & amp ; funeral Home Spencer, please add.. The record of ( 1 ) rules, and ( 2 ) the reasonable-person standard memorial Gardens & ;! View online obituaries, write messages of remembrance, light virtual candles and more Ala.Crim.App.2008 ) 662. His parents, Odell and Maxine Williams, two half sisters LaDell Williams Lenora. May appear times than not they do n't, but sometimes they do n't, but sometimes they..! Joyce Spencer, Mother Joyce Spencer, please visit the ) ; C. Gamble, McElroy 's Alabama,!: admin @ westmorelandfh.com warrant a charge on heat-of-passion manslaughter, the trial properly.
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