kerry spencer obituary

However, in light of the many levels of judicial scrutiny ahead in this case, we conclude it proper to ask the trial court to clarify its sentencing order as to this point on remand. 928 So.2d at 326-27. A person may not use physical force to resist a lawful arrest by a peace officer who is known or reasonably appears to be a police officer.. The penalty phase of the trial was conducted before the jury. Family and friends must say goodbye to their beloved Kerry Spencer Shoemaker (Saint Pete Beach, Florida), who passed away at the age of 82, on June 3, 2022. [Assistant defense counsel]: He's got a lawyer in his attempted-murder case. 1190, 108 L.Ed.2d 316 (1990), for the proposition that an error occurs only when there is a reasonable likelihood that the jury applied the instruction in an improper manner. Williams v. State, 710 So.2d 1276, 1306 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), cert. Fuck you. (R. Menu. Copyright 2023, Thomson Reuters. I still miss Spud. Officer Bennett's body was found at the front door of the apartment. According to Williams, Spencer jumped up, looked out the bedroom window and then came out of the bedroom and peeked around the corner to see what was taking place. Calvin Stallworth. Meanwhile, you can find your obituary & funeral information with the links below. I'll fuck you up. THE COURT: How long do you think I can sit around and wait? My heart goes out to his family during this trying time. The undisputed evidence further indicated that Spencer had been asleep at the time the officers arrived; that he awakened, hearing commotion in the other end of the apartment; that he looked outside and saw police vehicles; that he rushed toward the commotion; that when he encountered the officers he fatally shot Officers Owen and Chisolm in the kitchen area of the apartment; that he turned and fatally shot Officer Bennett, who was near the front door of the apartment; and that he shot Officer Collins outside the back door of the apartment and fired additional shots at Officer Collins as Collins took cover behind his police car. "Inez". He took the assault rifle with him. According to Officer Collins, Officer Owen and he went to the rear of the apartment and Officers Bennett and Chisolm went to the front of the apartment. Education Syracuse University. The trial court indicated that there was no information indicating that Cooper had ever been served with a subpoena. According to Spencer, he heard something behind him, so he turned, saw someone he later stated he believed to be Officer Chisolm with his gun, and automatically opened fire. (R. 1681) He stated that he turned to the front door and saw another officer, so he shot him as well. Peraita v. State, 897 So.2d 1161, 1198 (Ala.Crim.App.2003). 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. Although the trial court is not required to specify in its sentencing order each item of proposed nonstatutory mitigating evidence offered that it considered and found not to be mitigating, Williams v. State, 710 So.2d 1276, 1347 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), in order for this Court to conduct its review of the death sentence, the trial court must specifically identify in its sentencing order those nonstatutory mitigating circumstances that it did find to exist.. Kerry Smith died this past Thursday, 29th of December 2022. Share FacebookTwitterLinkedinEmail address Listen Follow Report this obituary The appellant never indicated to the court that he would need additional time to locate Williams. 1669.) Photos Add a photo Some kind of incident happened in New Hill in Birmingham or in the Bessemer District of Jefferson County. denied, 548 U.S. 926, 126 S.Ct. 17.) Spencer next argues that the trial court erred in not issuing an instanter subpoena to compel the presence of defense witness Tyran Bubba Cooper. 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. 335 (1917). 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. 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. There is no photo or video of Kerry Spencer Shoemaker.Be the first to share a memory to pay tribute. 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. 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 . Obituary. 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. (R. Ex parte Saranthus, 501 So.2d 1256 (Ala.1986). I give up. At a preliminary hearing Williams testified that he could not positively identify the shooter. Does [Cooper] have pending criminal charges at this time? According to Dumas, at some point he heard Spencer yelling at the officers as well, and he heard an officer say that the officers would be back. (R. 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. Obviously he's afraid of the police. Here, however, the circuit court listed Spencer's own testimony and then expressly stated that that testimony was the sum total of the non-statutory mitigating evidence offered by the defendant. (Emphasis added.) The foregoing opinion was prepared by Retired Appellate Judge H.W. 24; Cosby v. State, 269 Ala. 501, 114 So.2d 250. Payne v. State, 48 Ala.App. These cookies do not store any personal information. Spencer initially denied being at the residence and any involvement in the shootings, claiming that he hid in the attic after hearing that officers were searching the neighborhood because he had two outstanding warrants and did not want to go to jail. It was a split second decision. In CC-04-4383 the count was seven (7) for life without parole and five (5) for death. 2. Officer Owen followed Officer Chisolm into the apartment, with Officer Collins following Officer Owen. An independent weighing of the aggravating and mitigating circumstances indicates that death is the proper sentence. Dumas stated that Nate, Nook, Blue, three females, and he spent the night in the apartment on the night before the shootings, and that he slept on the sofa. BASCHAB, P.J., and SHAW, WISE, and WELCH, JJ., concur. 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. A person may use deadly physical force if the actor reasonably believes that such other person is: (1) Using or about to use unlawful deadly physical force; or, (2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling; or, (3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree 7. Thus, evidence that the defendant ingested alcohol or drugs, standing alone, does not warrant a charge on intoxication. According to Officer Collins, as he got to the back door, he heard the shooting begin inside the apartment and then felt a slap on his side and on his pistol which was holstered. He got in trouble in April of 2004 regarding attempted murder charges. According to Rector, a number of fragments recovered during the autopsies of Officers Bennett and Chisolm were fired from the SKS assault rifle; he stated that he conducted a distance study and concluded that the end of the barrel of the SKS assault rifle had been positioned from two to six inches from Officer Bennett's face when that shot was fired. Survived by wife Joyce Spencer, Daughters Corryl (Nick) Holm and Allison Spencer, Grandsons James and Thomas Holm, Sisters Carol and Randee and Brother Kevin. 558 (1916). 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. Our Location 140 Churchill Ave Wawa, Ontario P0S 1K0 Phone: (705) 856-7340 or 1-800-439-4937 Contact Us Phone: (705) 856-7340 or 1-800-439-4937 denied, 522 U.S. 969, 118 S.Ct. They are dying. How long do you want me to sit around and wait on him-on some futile effort to try to get him here? 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 shot the first two officers repeatedly in the back and the third officer at point-blank range in the head some period of time after that officer had been mortally wounded by a gunshot to the chest that impacted numerous internal organs and the spinal cord. 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. Pritchett v. State, 445 So.2d 984 (Ala.Cr.App.1984). 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. Additionally, the evidence indicates that, upon hearing the commotion in the kitchen and looking outside and seeing police vehicles, Spencer had time to attempt to retreat by attempting to hide or escape from a window; however, he armed himself and proceeded to advance toward the commotion and a certain encounter with officers. 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. See also Ex parte Tomlin, 909 So.2d 283 (Ala.2003). Spencer further stated that sometime shortly after 9:00 a.m. on the morning of the shootings, he took a Seroquel tablet and drank a beer to help him go to sleep. He was preceded in death by grandparents Rollin and Lucille Sellers and Raymond Allison. Finally, in McTerry, this Court noted that the defense did not seek a continuance nor would an attempt to subpoena the witness necessarily result in any delay in the trial proceedings because there were two additional defense witnesses and two rebuttal witnesses for the State yet to testify and based on the witness's aforementioned willingness to appear in court earlier that day; further, there were no indications that he could not be found quickly. When Collins looked again, he was gone. 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. 1038, 84 L.Ed.2d 1 (1985), the plain-error doctrine applies only if the error is particularly egregious' and if it seriously affect[s] the fairness, integrity or public reputation of judicial proceedings. See Ex parte Price, 725 So.2d 1063 (Ala.1998), cert. He also testified that he obtained a GED in the job corps as well as an electrician trade, but felt it was more profitable to sell drugs. 1088-89.). Collins said Woods left the officers with one warning: Come in here, and well (expletive) you up.. His family is . 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. 733.) 983, 984 (1918). 1638.). My tears are with yours, and so are my prayers. For death this time got in trouble in April of 2004 regarding murder! In April of 2004 regarding attempted murder charges he stated that he could not positively identify the shooter Ex. Spencer Shoemaker.Be the first to share a memory to pay tribute his family during this time...: How long do you want me to sit around and wait Birmingham in... 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