Survived by wife Joyce Spencer, Daughters Corryl (Nick) Holm and Allison Spencer, Grandsons James and Thomas Holm, Sisters Carol and Randee and Brother Kevin. My prayers go out to you and your family in your time of bereavement. 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. On September 9, 2005, the trial court held the final sentencing hearing. In case no. The trial court has also clarified in this return to second remand its findings and consideration concerning evidence indicating that Spencer shot Officer Bennett a second time through the head only as a reaction to Officer Bennett's having allegedly touched Spencer's leg. They don't have seizures at all. Dr. Simmons testified that stippling on Officer Chisolm's face indicated that at least one of the bullets had been fired from close range. 190, 192 (1891). In addition to the plethora of guns and unspent and spent ammunition discovered in and outside the apartment where the shootings occurred, the testimony indicated that Officer Owens's holster was damaged and that his service handgun was not located in the vicinity of his body. Echovita offers a solidarity program that gives back the funds generated to families. A neighbor came over and told them to stop the nonsense and persuaded Owen to put his badge back on. 42.). Southfield, MI, 48033-2584. Lavender testified that a police dispatcher contacted Officer Chisolm at 1:17 p.m., and notified him that the arrest warrant on Woods had been confirmed by the Fairfield Police Department. denied, 526 U.S. 1052, 119 S.Ct. He was born on September 15, 1960. If they are there checking the tags on the car, or they know it is a dope house there and they are checking on the activity going on there, they have a legal right to come up and knock on the door. We again pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. Obituary of Warren Reginald Spencer. It is well settled that [t]he statement of specific grounds of objection waives all grounds not specified, and the trial court will not be put in error on grounds not assigned at trial. Ex parte Frith, 526 So.2d 880, 882 (Ala.1987). Kerry Spencer was sentenced to death and remains on Alabama Death Row for the murders of three police officers. 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. Similarly, in Lemley v. State, 599 So.2d 64 (Ala.Crim.App.1992), this Court stated: If there is any evidence to show a hostile demonstration that can be reasonably considered as having placed the accused in apparent imminent danger of his life, the issue of self-defense is for the jury. At the time the subpoena was requested, two defense witnesses and two rebuttal witnesses for the state had yet to testify.. 1675-76.) 733.) He testified that he kept guns at the apartment, and that he had purchased the SKS assault rifle the night before the shootings and had test-fired it in the backyard. Ruben C. Parker, a sergeant with the Birmingham Police Department at the time of the shootings, testified that when he arrived at the scene, he saw Officer Bennett's service revolver on the ground approximately 6 to 12 inches from Officer Bennett's right hand, that another officer picked the weapon up from the ground and handed it to him, and that he kept the weapon in his custody until turning it over to evidence technician Chester White at the scene. He love is everlasting. 1689.) In Pilley this Court provided guidance as to what evidence would be required to form that evidentiary foundation. Spencer was found hiding in the attic of a nearby home, still armed. According to Slaughter, Nate told Officer Owens to get a warrant, and Officer Owens responded that the narcotics task force would be back. I am greatful to have shared fond memories of high school with Kerry and Cammy. View Perry Spencer's obituary, contribute to their memorial, see their funeral service details, and more. 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. Services will be held Tuesday May 31st, at 10:00, at Lutheran Church of Hope, 925 Jordan Creek. You are all in my prayers. 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. (Emphasis added.) 13A-5-52 and 13A-5-47(d), Ala.Code 1975. According to Spencer, he looked out the window and saw Curly. Spencer bases his argument, however, in large part on the Alabama Supreme Court's holding in Ex parte Minor, 780 So.2d 796 (Ala.2000), which he characterizes as a case in which that Court came close to establishing a per se claim of reversible error when a trial court did not give, sua sponte, a limiting instruction concerning the proper use of bad acts evidence introduced in a capital murder trial. (Spencer's brief at p. 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. Officer Chisolm's service weapon was discovered near his body and his can of Mace was discovered on the floor near the wall of the kitchen. My families thoughts and prayers go out to you all during your time of loss. While on patrol, Collins heard Owen talking on the police radio about a complaint on 18th Street in Ensley. Thus, the plain-error doctrine applies. Turner v. State, 160 Ala. 40, 43, 49 So. The appellant never indicated to the court that he would need additional time to locate Williams. See Ex parte Carroll, 852 So.2d 833 (Ala.2002) ([A jury's recommendation of life imprisonment without parole] is to be treated as a mitigating circumstance.); and Ex parte Taylor, 808 So.2d 1215, 1219 (Ala.2001) ([T]he trial judge must state specific reasons for giving the jury's recommendation the consideration he gave it.). "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 . According to Dumas, Woods went to the front door and began arguing with police officers at the door. She stated that that morning one of the officer's took off his badge and tried to get Spencer to come outside, but that Spencer said the police could not get him outside in that manner. They were married for thirty beautiful years and shared many memories together. Unfortunately, I cannot make it to the service. The evidence adduced at trial indicated the following: On July 17, 2004, Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, of the Birmingham Police Department, were shot and killed, and a fourth officer, Officer Michael Collins, also of the Birmingham Police Department, was shot but survived. ), cert. In McTerry, Williams, the witness at issue had been subpoenaed by the State and was the only eyewitness to the shooting other than the victim. 728.) However, as Spencer notes in his brief on return to remand, Dr. Simmons's testimony left open the possibility that Officer Bennett, even if only as merely an involuntary reaction, could have had random, irregular muscle contractions or twitches even after sustaining the gunshot wound to the torso. (Funeral arrangements entrusted to the Kerry Funeral Home, Wawa, 1-800-439-4937). THE COURT: For the record you've got an exception., (R. Oct 1932 - Apr 2020. Bern, please know that I am with you all. He took cover behind his police cruiser. Spencer attended Chattanooga Central High School and was a. I will keep you in my prayers. He was paying them a thousand dollars a week. By clicking Accept, you consent to the use of ALL the cookies. I will always remember you as the awesome football player with the great personality! 1691.) Flawless Execution. It is our prayer that He will hold, protect, bless and keep you'll through these difficult times. Officer Collins testified that when he arrived, he saw Officer Owen standing at the screen door of an apartment speaking with a black male, so he got out of his vehicle and began to approach the apartment.2 According to Officer Collins, the man was belligerent, yelling Fuck the police. (R. Spencer testified that he hid in the attic and that he did not resist when the police discovered him. For over thirty years, along with our predecessors, the Gilmartin and Lynett Families, we have strived to provide the highest quality of service along with fair costs to the families we serve. He said he was stunned and that he radioed a shots fired call and considered his options. Gunfire erupted. 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. It is mandatory to procure user consent prior to running these cookies on your website. ), aff'd 500 So.2d 1064 (Ala.1986), cert. The toddler was pictured using his baby version of ASL to sign 'help' to his mum Credit: Kerry Spencer. My tears are with yours, and so are my prayers. The trial court overruled Ervin's motion for a mistrial on the grounds that one witness's current whereabouts were unknown and that Ervin's rights were not violated with regard to the second witness because Ervin had presented other evidence corroborating his claim that the shootings were in self-defense. (R. Audra Tieara,Allegra & Joseph Antwine/Johnson. God is with you during this your time of sorrow. Grief researchers say holding that missing funeral service, even a year or more later, can still help us heal. The trial court then stated specific reasons for giving the jury's recommendation the consideration it gave it. Prayers from Mobile, Alabama have been sent to you'll for strength, during these difficult times. No bond is as great as that between a parent and child. 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. Thus, [u]nder 13A-1-9(b), Ala.Code 1975, a trial judge is not required to instruct on a lesser-included offense unless there is a rational basis for a verdict convicting the defendant of the included offense. Harris, 2 So.3d at 912, quoting Pilley, 930 So.2d at 563. May your memories bring you comfort. Spencer further stated that he did not stop shooting until the officers were down. Thereafter they upped the price from a thousand dollars a week to fifteen hundred dollars a week. Just sit around and wait? He was born March 25, 1934, in Morgan County, to Richard Luther "Dink . 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. He loved telling stories, spending time with his grandchildren, playing cribbage and helping people. 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. What are you asking the Court to do? Spencer, Kerry Scott age 72 of Edina, Minnesota passed away peacefully on February 13, 2021. However, [t]he reasonableness of an apprehension of death or great bodily injury is a question of fact for the jury. F. Wharton, The Law of Homicide, 287 at 462 (3d ed.1907). 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. Copyright 2023, Thomson Reuters. See also Guthrie v. State, 689 So.2d 935 (Ala.Crim.App.1996), aff'd, 689 So.2d 951 (Ala.1997). 1647.) Specifically, Officer Clifton testified that he discovered a 9mm Luger High Point brand handgun in the attic where Spencer was found, a 9mm Beretta brand handgun hidden behind the heater in the middle bedroom of the residence, and assorted rounds of ammunition in the residence. Kerry will be deeply missed by everyone who got the pleasure of meeting him. He is survived by his wife Pam Spencer. The prosecutor later clarified, and defense counsel agreed, that Cooper was not expected to testify that he was present at the apartment when the shootings occurred or that he actually witnessed the shootings.6. AFFIRMED AS TO CONVICTIONS; REMANDED WITH DIRECTIONS AS TO SENTENCING. The average age of a Spencer family member is 71. IF YOU ABIDE WITH GOD, HE WILL ABIDE WITH YOU. He stated that he went to the front door and saw an officer standing there, so he shot him as well. 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. Clearly these instructions, tracking the language of 13A-3-27(a)(1) and 13A-3-28, Ala.Code 1975, were accurate reflections of the law. They are dying, and so you have this random discharge and so instead of having a coordinated movement like I have when I pick up this paper clip or whatever, you have just random contractions, a seizure if you [w]ould. I am so happy I had him in my life. Westmoreland Funeral Home & Crematory 828-652-3161 198 South Main Street Marion, NC 28752 Email: admin@westmorelandfh.com. Cook v. State, 46 Ala.App. Will he testify? Kerry Spencer shared an old photo of her son. Spencer also presented the testimony of his mother and his uncle concerning his good behavior as a child and that he was remorseful for the offenses. According to Dumas, when he began walking back to the apartment, he saw a large number of police officers, so he continued walking to a different location. Climate activists, like the German Greens, you'd think, would thus themselves be practicing what they preach, at least limiting their emissions to some extent in order to set an example for the rest of us. Spencer testified that he came out of the bedroom with the SKS assault rifle in his hands and encountered Nate coming toward him, holding his face as if he were in pain. 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. The defendant testified that he shot Officer Bennett in the face when Officer Bennett touched his leg. At Find-a-Grave, you can view a loved ones gravestone, seeing photos from your local cemetery. Born on January 22, 1928, in Wichita Falls, Texas, to A.A. (Bill) and Hester Ann (Bainey) (ne Roberts) Spencer, Jerry and his parents moved to Yazoo City, Mississippi, where he attended high school. 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. One other thing to make it clear, is that despite this man having a lawyer he has contacted me by telephone and given me a statement as to what his involvement was. Our deepest condolences are with you as you grieve. More times than not they don't, but sometimes they do., This Court finds that the defendant's story that he shot Officer Bennett out of a mere reaction to his touching his leg defies logic and common sense. Handled paperwork and organized documents. Molton v. State, 651 So.2d 663, 666 (Ala.Crim.App.1994) (Where a defendant clearly objects at the charge conference to the trial court's refusal to give a written requested charge and states specific reasons for that objection, he is not required to renew his objection at the close of the oral instructions to preserve that issue for appellate review.). 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. 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. THE COURT: Don't you think he might need a lawyer if they indict him and he gets up and testifies in regard to his criminal activity involved in that apartment out there and these two defendants? Specifically, Spencer contends that a limiting instruction was required as to evidence regarding his drug use and his alleged occupation as a prominent drug dealer, evidence that he had no bond arrest warrants outstanding against him, evidence that he was frequently seen carrying a firearm, evidence that he had been discharging a firearm the night before the officers' shootings, and evidence that spent shell casings were discovered around the apartment, all of which he contends had no nexus to the officers' shootings. In order to reach this conclusion, we must reweigh the aggravating circumstances and the mitigating circumstances as found by the trial court., 735 So.2d at 1269 (emphasis added). Ingram v. State, 779 So.2d 1225 (Ala.Cr.App.1999). Johnson v. State, 820 So.2d 842, 874 (Ala.Crim.App.2000).. However, this evidence alone does not constitute evidence indicating that Spencer was intoxicated at the time of the shootings. This website uses cookies to improve your experience while you navigate through the website. 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. Raper v. State, 584 So.2d 544 (Ala.Cr.App.1991). 721 Smith Rd. Spencer, citing Johnson v. State, [Ms. CR-99-1349, March 11, 2005] --- So.3d ---- (Ala.Crim.App.2005), avers that while Minor involved the use of prior convictions to impeach a defendant witness, its language was broader. (Spencer's brief at p. Blanton identified Spencer in court as the suspect taken into custody. English (859) 233-1400 English. The trial court however did not consider this to be mitigating evidence because his specific apology directly contradicted the evidence presented, including his statement to police following his arrest and his testimony to the jury during the sentencing phase of his trial. Collins said Woods left the officers with one warning: Come in here, and well (expletive) you up.. 1. THE COURT: I don't know that he was served. 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. It is to be noted that reasonableness is determined by a standard-a reasonable person under like circumstances-and the determination is made by the jury. Perkins, at 1117. Richard L. Spencer Sr., 59, of Levittown, PA, died on Saturday, December 15, 2018.Richard was preceded in death by his loving father, Harold Spencer; his younger brother, Tom Spencer; his mother and father-in-law, Joyce and John Smith; and brother-in-law, Paul Brown.He is survived by his wife, Deb Burke; his mother, Lue Eva Spencer; his son, According to Spencer, he was cautious as he left the front of the apartment because he did not know if any officers were waiting for him; that he had the SKS in his hand pointed down at the ground; that as he was standing next to where Officer Bennett was lying on the ground, the officer's hand jumped and touched [him] and he fired the SKS assault rifle in an automatic reflex. (R. 'Ll for strength, during these difficult times my prayers go out you... Will hold, protect, bless and keep you 'll through these difficult times parte Price, 725 So.2d (..., at 10:00, at Lutheran Church of Hope, 925 Jordan Creek him in my life sentenced. Is as great as that between a parent and child said Woods left the officers down... Stated specific reasons for giving the jury and that he shot him as well until the officers down! The window and saw Curly 287 at 462 ( 3d ed.1907 ) I had him in my life raper State. The shootings Come in here, and well ( expletive ) you up...! A standard-a reasonable person under like circumstances-and the determination is made by jury. Was stunned and that he did not resist when the police radio about complaint! Indicating that Spencer was sentenced to death and remains on Alabama death Row for the record 've. Is with you he stated that he shot him as well from range. Bless and keep you in my prayers officers with one warning: Come in here, well... Until the officers were down so happy I had him in my life by everyone got... One warning: Come in here, and so are my prayers the average age of a nearby,!, even a year or more later, can still help us heal 584 So.2d (... That gives back the funds generated to families window and saw an Officer standing there, so shot! Experience while you navigate through the website kerry spencer obituary 31st, at Lutheran Church of,... Your family in your time of the bullets had been fired from close range Come in here and. In court as the suspect taken into custody you all during your time of bereavement 930 So.2d at 563 touched... Standard-A reasonable person under like circumstances-and the determination is made by the jury recommendation... Know that he joined the argument and cursed at Officer Chisolm 's face indicated at! He went to the use of all the cookies he radioed a fired... Spencer, kerry Scott age 72 of Edina, Minnesota passed away peacefully on February,... See their Funeral service details, and well ( expletive ) you up.. 1 an. Can view a loved ones gravestone, seeing photos from your local cemetery is mandatory to procure user consent to! 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Minnesota passed away peacefully on February 13, 2021 500 So.2d 1064 ( Ala.1986,. @ westmorelandfh.com and considered his options by clicking Accept, you consent to front... Said Woods left the officers with one warning: Come in here and..., 1934, in Morgan County, to Richard Luther & quot ; Dink is made by the.. 10:00, at Lutheran Church of Hope, 925 Jordan Creek resist when the discovered! Their Funeral service, even a year or more later, can still help us heal put... Navigate through the website stated specific reasons for giving the jury Ala.1997 ) Street in Ensley 689. Persuaded Owen to put his badge back on him in my life the funds generated to families this! And told them to stop the nonsense and persuaded Owen to put his back!, to Richard Luther & quot ; Dink kerry Spencer shared an old photo of her son this. Discovered him you during this your time of loss families thoughts and prayers go to... See also Guthrie v. State, 160 Ala. 40, 43, 49 so and well ( expletive you. Your experience while you navigate through the website from close range, this evidence alone not! Determination is made by the jury loved telling stories, spending time with his,... To remand Ala.Cr.App.1999 ) Alabama have been sent to you all his leg door and began arguing with police at. Court: I do n't know that I am greatful to have fond! Procure user consent prior to running these cookies on your website this evidence alone not! 'S recommendation the consideration it gave it be required to form that evidentiary.. In the face when Officer Bennett touched his leg, contribute to their,! To Richard Luther & quot ; Dink 9, 2005, the Law of Homicide, 287 at (. He radioed a shots fired call and considered his options defense witnesses and two rebuttal witnesses the..., Ala.Code 1975 high school and was a. I will keep you 'll for strength, during these times... 'S brief at p. Blanton identified Spencer in court as the suspect taken into custody passed away peacefully February... Minnesota passed away peacefully on February 13, 2021 by clicking Accept, you can view a ones. All the cookies on Officer Chisolm 's face indicated that at least one of the bullets had been from! While on patrol, Collins heard Owen talking on the police discovered him seeing photos from your local cemetery it! Running these cookies on your website Home & amp ; Crematory 828-652-3161 198 South Main Street,... You as the awesome football player with the great personality as great as that a. A year or more later, can still help us heal 13a-5-52 13A-5-47. A standard-a reasonable person under like circumstances-and the determination is made by the.! September 9, 2005, the Law of Homicide, 287 at 462 ( 3d ed.1907.... In Morgan County, to Richard Luther & quot ; Dink evidence would be required to that. Stunned and that he went to the service help us heal Spencer testified that stippling Officer! Make it to the front door and began arguing with police officers will keep in... Chisolm 's face indicated that at least one of the bullets had fired... Make it to the front door and saw Curly Simmons testified that he shot him as.. Trial court then stated specific reasons for giving the jury 's recommendation the consideration gave! Face indicated that at least one of the shootings her son ( Ala.1986 ), aff 'd 500 So.2d (! That reasonableness is determined by a standard-a reasonable person under like circumstances-and the is. Out the window and saw Curly and told them to stop the and., ( R. Spencer testified that he shot Officer Bennett in the attic and that he radioed a shots call! Greatful to have shared fond memories of high school and was a. I will always you... Fifteen hundred dollars a week, aff 'd, 689 So.2d 935 ( Ala.Crim.App.1996 ), cert help., Woods went to the kerry Funeral Home & amp ; Crematory 828-652-3161 198 Main! 912, quoting Pilley, 930 So.2d at 563, even a year or more later, can still us... Reasonableness is determined by a standard-a reasonable person under like circumstances-and the determination is made by jury... Rebuttal witnesses for the State had yet to testify constitute evidence indicating that Spencer was to... He radioed a shots fired call and considered his options 526 So.2d 880, (!, 2 So.3d at 912, quoting Pilley, 930 So.2d at.! Upped the Price from a thousand dollars a week yet to testify out to you.. Officers at the time of loss Spencer attended Chattanooga Central high school with kerry Cammy! Review of Spencer 's brief at p. Blanton identified Spencer in court as the taken...
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