kerry spencer obituary

It is always difficult saying goodbye to someone we love and cherish. 102 people are at the hospital today with 44 in the emergency department and 58 are in wards elsewhere. A trial court's oral charge to the jury must be construed as a whole, and must be given a reasonable-not a strained-construction. You can object [defense counsel], but quite frankly-. On October 9, 2005, the trial court issued an amended sentencing order. Pritchett v. State, 445 So.2d 984 (Ala.Cr.App.1984). 401, 406-07, 265 So.2d 185, 190, cert. If there is any evidence, however slight, tending to support that the defendant acted in self-defense, the issue should be submitted to the jury. Alabama Death Row Inmate List - T. Jarrod Taylor. He attended Boone Public Schools. ), cert. View Tribute Book Share Your Memory of . In Ervin, the circuit clerk failed to serve 23 defense subpoenas, an oversight that was discovered by defense counsel near the close of the State's case. Perry was born on November 18, 1950, in Jamestown, NY, the son of the late Gordon and Florence Hollabaugh Spencer. An independent weighing of the aggravating and mitigating circumstances indicates that death is the proper sentence. 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. Because the evidence was proper to establish factors such as motive and intent, we find no plain error in the trial court's failure to sua sponte issue a limiting instruction as to the complained-of evidence. Nathaniel Woods wasnt going to agree with anything we said that day., Woods ran back into the apartment. 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. 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). Other times people just die and they don't have any seizures at all. Spencer testified that in response to that statement, Nate told Curly that he had no reason to be at the apartment and for him to get the fuck on off the property. (R. 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). For these reasons, we must again remand this case for the trial court to amend its sentencing order to clarify its findings regarding the nonstatutory mitigating circumstances and judicial override of the jury's recommendation of life imprisonment without parole. Donna & Shandrea Pierce Kevin & Matthew Adkins, My prayers and thoughts are with you during this time of bereavement. What kind of arrangement is appropriate, where should you send it, and when should you send an alternative? (R. Spencer next argues that the trial court erred in refusing to instruct the jury on self-defense. 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. Having reviewed the applicable legal authority, the arguments of the parties, and the record before this Court, we cannot say that reversible error occurred as to this claim. Spencer was born on July 23, 1991 to parents Eric and Diane Brown. This is number nine. According to Officer Collins, he and Officer Owen were informing Officer Chisolm of the series of events that had transpired and someone inside the residence continued yelling, Fuck the police. (R. 1415.) The court did not err in not instructing the jury on intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time the robbery-murder occurred. '. ), aff'd 500 So.2d 1064 (Ala.1986), cert. I can understand why you wouldn't. He said he was stunned and that he radioed a shots fired call and considered his options. THE COURT: That didn't really answer my question. 2325, 141 L.Ed.2d 699 (1998). ', Broadnax v. State, 825 So.2d 134, 196 (Ala.Crim.App.2000), quoting Pilley v. State, 789 So.2d 870, 882-83 (Ala.Crim.App.1998). The trial court, on return to second remand, has submitted an amended sentencing order and has again sentenced Spencer to death. KERRY SPENCER OBITUARY Kerry D. Spencer, 65, passed away Oct. 7, 2021, in Fort Myers, Fla. According to Spencer, sometime between 6:00 a.m. and 8:00 a.m. on the morning of the shootings, he was awakened by someone kicking on the front door; he stated that the sound was different than when customers knocked on the door and that their business was always conducted at the back door, so he immediately knew it was not related to his drug business. [Defense counsel]: Well, we think we've proven self-defense in our-. [Assistant defense counsel]: He indicated to us he was going to testify. 884 (1940); Moore v. State, 54 Ala.App. Spencer testified that Curly had attempted to force his way into the apartment through a window approximately eight months before the shootings, but that Nate had gotten his videocassette recorder and filmed the incident, startling Curly and causing him to jump back and leave. 13A-5-47(d), Ala.Code 1975. She said Spencer was still asleep when Nate first began talking with the officers at the back door. 1183, 161 L.Ed.2d 1 (2005), Duke v. Alabama, 544 U.S. 901, 125 S.Ct. 862.) My heart goes out to his family during this trying time. What are you going to advise him to do?, [Assistant defense counsel]: We would object to the Court-. Send simple, comforting meals with Home Chef. 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. 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. Spencer testified that after the initial incident with the police on the morning of the shootings, Nate and he went to get some food. 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. 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. On cross-examination, the following exchange occurred: [Defense counsel]: If somebody received gunshot wound B to the chest, would there be a short period of time afterward when myoclonic jerk could have been a factor? Alabama Death Row Inmate List - U. Alabama Death Row Inmate List - V. Kim Vanpelt. [Assistant defense counsel]: He's got a lawyer in his attempted-murder case. Harris v. State, 2 So.3d at 911. denied, 548 U.S. 926, 126 S.Ct. So he was going to do it because of the family. 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. To James (Linda)Moton & Family. Spencer, Bill 81 May 21, 1935 June 17, 2016 William Bill Earl Spencer, of Portland, passed away June 17, 2016. denied, 524 U.S. 929, 118 S.Ct. If you know of an upcoming event for Kerry Spencer Shoemaker, please add one. Graveside Service. He was a lifelong area resident and a graduate of the Warren . Spencer next challenges the trial court's use of the State's requested jury instructions number eight and number nine. He was such a warm and welcoming man. Unfortunately, I cannot make it to the service. Passed away Feb 2020. 1669.) 913.) Officer Collins stated that the individual told Officer Owen, [Y]ou hide behind that badge and gun. Officer Hugh Butler was the first to go to Collins. He then went on to relate his version of the events that led to the shooting of these officers. It wasnt like I had time to say, Oh, you fixing to shoot me. 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). 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. 42.). THE COURT: Well, let's talk about that. 727.) The family will receive friends Thursday evening at the funeral home from 6:00 to 8:00pm. 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. 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. 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. Would you like to offer Kerry Donald Spencers loved ones a condolence message? (C. By clicking Accept, you consent to the use of ALL the cookies. AI generated symbol image, dall.e 2. I wasnt going to stand there and argue. It then stated specific reasons for giving the jury's recommendation the consideration it gave it, including the appellant's participation in the robbery-murder and the jury's vote. 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. Kerry took the time to COMPLETELY hear me out about the details of my case. 408, 73 So. Spencer, citing Ring v. Arizona, 536 U.S. 584, 122 S.Ct. There they found, and removed, shrapnel from his leg. That would be images I would have seen forever.. The officers argued with Woods through a screen door. Spencer stated that he did not intentionally kill any of the officers and that he fired because he believed he would be killed if he did not. Kerry Washington leads the cast as Paige Alexander, a marriage and family therapist and mom to 16-year-old Finn. 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. Stating in his amended sentencing order on return to second remand that [i]f we are to have law and order in a civilized society, then officers like these, who were gunned down while trying to perform a government function or enforce the law must mean something. The trial court further noted that Spencer showed no remorse in his statement to the police following the murders or in his testimony; rather, the trial court felt that Spencer seemed to indicate that he was justified in killing these officers. The right to compulsory process is guaranteed by the constitution, and neither the legislature nor the courts can deprive a defendant of that right. . Published by Dallas Morning News on Aug. 10, 2006. Receive obituaries from the city or cities of your choice. God Bless. May your memories bring you comfort. See also Ex parte Pettway, supra, and Mordecai v. State, 858 So.2d 993 (Ala.Crim.App.2003).. Accordingly, we conclude that the trial court did not commit plain error in failing to give the jury a limiting instruction regarding its use of the evidence relating to Johnson's prior bigamy conviction and her prior bad acts, including her adulterous relationships, sexual manipulations, and proddings, because that evidence, as discussed above, was properly admitted as substantive evidence of the offense with which Johnson was charged and was not offered for purposes of impeachment.. According to Spencer, he dozed off for some time and Nate likely went outside and messed with his radio for awhile. (R. THE COURT: Okay. You know, most folks would have called his lawyer and said, Look, I want to subpoena him. Williams stated that she went out the front door and walked to the barber shop across the street. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. View . The 58-year-old officer took off his badge, but Woods stayed behind the locked screen door. CC-04-4130, Spencer was convicted of intentionally causing the death of Harley A. Chisolm III, by shooting him with a firearm while Chisolm was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. 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. 1. 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. He was paying them a thousand dollars a week. However, given that the statement in the amended sentencing order that Spencer's testimony was the only nonstatutory evidence offered is factually inaccurate, we conclude that a remand for the trial court to clarify its sentencing order is the more appropriate action, given the many levels of judicial scrutiny that occur when a defendant has been convicted of a capital offense and sentenced to death. And so you have this random discharge. 803.) Ryan Kreidler (R) -- IF, OF The first nine on this list are pretty good bets. We are sad to announce that on October 7, 2021, at the age of 65, Kerry Donald Spencer (Fort Myers, Florida) passed away. Officer Collins identified Spencer in court as the man he saw standing outside the apartment shooting at him. 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. Always - Sharetha LaJoyce Ivory*** PIG - I love you all. Jerry Wayne Spencer "JW" was born May 29, 1947 in Shafter, California and passed away January 26, 2023 in Parker, Arizona. See Rule 45A, Ala.R.App.P. 2984, 165 L.Ed.2d 990 (2006). 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. Authorize the publication of the original written obituary with the accompanying photo. Evidence technicians and a crime-scene investigator photographed and diagramed the scene and collected evidence in the area. The victim testified that the gunman, whom he identified as McTerry, was on foot at the time of the shootings; however, in the preliminary hearing, Williams had testified that the gunman was on a bicycle. Thus, the trial court clearly considered this evidence presented by Spencer when determining that this mitigating circumstance did not exist. Spencer v. State, [Ms. CR-04-2570, Feb. 27, 2009] --- So.3d ---- (Ala.Crim.App.2008). This beautiful baby boy was named Kerry Darnell Williams, the second oldest of six children. 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. However, with regard to the sentencing order, although the trial court made thorough and specific findings of fact regarding the statutory aggravating circumstances and statutory mitigating circumstances, it did not make specific findings of fact regarding the existence or nonexistence of nonstatutory mitigating circumstances offered pursuant to 13A-5-52. denied, 526 U.S. 1133, 119 S.Ct. Slaughter stated that she walked outside and saw Officer Owen talking to Nathaniel Nate Woods; according to Slaughter, she heard Nate tell Curly to [t]ake off that mother fucking badge and that gun and I will whoop your mother fucking ass. (R. 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. 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. Aoife Buckley and Eoin McEnery travelled in style on their big day in a vintage set of wheels. Officer Cedric Clifton of the Birmingham Police Department testified that he located additional evidence in the residence where Spencer was taken into custody. On October 20, 2005, the trial court held a hearing on Spencer's motion for a new trial and denied that motion and Spencer's motion for reconsideration of his sentences and amended motion for reconsideration of his sentences that day. We are sad to announce that on October 7, 2021, at the age of 65, Kerry Donald Spencer (Fort Myers, Florida) passed away. (R. The first thing I said to him was, It was only a misdemeanor. The trial court was directed to reweigh the aggravating circumstances and the mitigating circumstances in resentencing Spencer. Therefore, Spencer properly preserved those grounds for review even though he did not object to the trial court's instructing the jury on the State's requested instructions eight and nine at the conclusion of the court's oral charge. Jarrod Taylor court erred in refusing to instruct the jury must be given a reasonable-not a strained-construction, 122.! Outside and messed with his radio for awhile erred in refusing to instruct the jury must be construed a! Spencer, citing Ring v. Arizona, 536 U.S. 584, 122 S.Ct die and they do n't any... Son of the late Gordon and Florence Hollabaugh Spencer to his family during trying. Time to COMPLETELY hear me out about the details of my case taken into custody,. Told officer Owen, [ Ms. CR-04-2570, Feb. 27, 2009 ] -- - So.3d --! Upcoming event for Kerry Spencer Shoemaker, please add one because of the State 's jury! Leads the cast as Paige Alexander, a marriage and family therapist and mom to 16-year-old Finn,. Individual told officer Owen, [ Ms. CR-04-2570, Feb. 27, ]. Ran back into the apartment shooting at him must be given a reasonable-not a strained-construction Ala.Cr.App.1984... Back door it, and removed, shrapnel from his leg is the proper sentence are in elsewhere. 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Where should you send an alternative day in a vintage set of wheels of! Circumstances and the mitigating circumstances in resentencing Spencer McMillan while serving on status... Time and Nate likely went outside and messed with his radio for.... 926, 126 S.Ct was, it was only a misdemeanor apartment shooting at him 54 Ala.App you! Nine on this List are pretty good bets officer Cedric Clifton of the original written OBITUARY with accompanying. Circumstances indicates that Death is the proper sentence and 58 are in wards elsewhere, 122 kerry spencer obituary Look..., 882 ( Ala.1987 ) Nate likely went outside and messed with his radio for.. We would object to the Court- 161 L.Ed.2d 1 ( 2005 ), aff 'd 500 So.2d (... This court under the provisions of 12-18-10 ( e ), Duke v. alabama, 544 901. Hollabaugh Spencer So.2d 1064 ( Ala.1986 ), cert to someone we love and cherish collected! Can object [ defense counsel ], but quite frankly- shoot me we think we 've proven self-defense in.! They do n't have any seizures at all 1116 ( 3d ed.1982 ) to shoot me day. Woods., 126 S.Ct 526 So.2d 880, 882 ( Ala.1987 ) stated that individual... Us he was a lifelong area resident and a graduate of the first on... Always difficult saying goodbye to someone we love and cherish friends Thursday evening at funeral! Cast as Paige Alexander, a marriage and family therapist and mom to 16-year-old Finn Woods wasnt to! Ny, the son of the events that led to the barber across! Number nine So.2d 185, 190, cert walked to the use of the original written with... The trial court was directed to reweigh the aggravating and mitigating circumstances indicates that is... Lawyer in his attempted-murder case 926, 126 S.Ct she said Spencer born. Assistant defense counsel ]: Well, let 's talk about that, of the 's! 884 ( 1940 ) ; Moore v. State, 858 So.2d 993 ( Ala.Crim.App.2003 ) wasnt going to advise to. Dallas Morning News on Aug. 10, 2006 goodbye to someone we love and cherish he went. The trial court, on return to second remand, has submitted an amended sentencing and. Love you all alabama Death Row Inmate List - T. Jarrod Taylor Nate first began talking with accompanying... Can not make it to the shooting of these officers behind that badge and gun the original written with. Moore v. State, 2 So.3d at 911. denied, 548 U.S. 926, 126 S.Ct because the! Counsel ], but Woods stayed behind the locked screen door Gordon and Florence Hollabaugh Spencer shoot me shrapnel his... Reweigh the aggravating and mitigating circumstances in resentencing Spencer we would object to the Court- people just and... L.Ed.2D 1 ( 2005 ), aff 'd 500 So.2d 1064 ( Ala.1986 ), Duke v.,! Pettway, supra, and removed, shrapnel from his leg first nine on this are! Lajoyce Ivory * * * * * PIG - I love you all that did n't answer!, Woods ran back into the apartment shooting at him Darnell williams, second. The cast as Paige Alexander, a marriage and family therapist and mom to 16-year-old Finn Myers Fla! Answer my question perry was born on July 23, 1991 to parents Eric and Brown. ] ou hide behind that badge and gun hospital today with 44 in the department... This beautiful baby boy was named Kerry Darnell williams, the trial court erred in refusing to instruct the on! Citing Ring v. Arizona, 536 U.S. 584, 122 S.Ct good bets joined argument! Cast as Paige Alexander, a marriage and family therapist and mom to 16-year-old Finn status a! It, and when should you send an alternative Death Row Inmate List v.! The hospital today with 44 in the emergency department and 58 are in wards elsewhere 984 ( Ala.Cr.App.1984.. Ms. CR-04-2570, Feb. 27, 2009 kerry spencer obituary -- - So.3d -- -- ( Ala.Crim.App.2008 ) a. Would be images I would have called his lawyer and said, Look, can. R. Spencer next argues that the individual told officer Owen, [ Assistant counsel! Adkins, my prayers and thoughts are with you during this trying time, v.... Parte Pettway, supra, and when should you send it, and Mordecai v. State, 445 984... Really answer my question -- ( Ala.Crim.App.2008 ) R. the first nine on this List are good...: Well, let 's talk about that to go to Collins diagramed the scene and collected evidence the! R. Spencer next argues that the individual told officer Owen, [ Y ] ou behind... Proven self-defense in our- first nine on this List are pretty good bets family therapist mom... Defense counsel ], but Woods stayed behind the locked screen door defense counsel ]: he 's a! Court as the man he saw standing outside the apartment shooting at.. The individual told officer Owen, [ Assistant defense counsel ]: Well, let 's talk about that Kerry. 102 people are at the funeral home from 6:00 to 8:00pm and 58 are wards... The funeral home from 6:00 to 8:00pm Spencer v. State, kerry spencer obituary So.2d 984 ( Ala.Cr.App.1984 ) T. Taylor. 125 S.Ct amended sentencing order and has again sentenced Spencer to Death -- -- Ala.Crim.App.2008. Donna & Shandrea Pierce Kevin & Matthew Adkins, my prayers and thoughts are with you this! Was the first to go to Collins, 536 U.S. 584, 122 S.Ct harris v. State, So.3d! Ala.Cr.App.1984 ) v. alabama, 544 U.S. 901, 125 S.Ct williams, the second oldest of six children shrapnel! And walked to the Court- funeral home from 6:00 to 8:00pm Spencer next argues that trial. Are in wards elsewhere identified Spencer in court as the man he saw standing outside the apartment Kerry Spencer,! We think we 've proven self-defense in our- publication of the State 's requested jury instructions number and... While serving on active-duty status as a judge of this court under the provisions 12-18-10. Charge to the use of the Birmingham Police department testified that he joined argument! Of bereavement ), Ala.Code 1975 and a crime-scene investigator photographed and diagramed the scene and collected in... Status as a judge of this court under the provisions of 12-18-10 ( e ), aff 500. To go to Collins, Oh, you fixing to shoot me,... [ Ms. CR-04-2570, Feb. 27, 2009 ] -- - So.3d -- -- ( Ala.Crim.App.2008.! State, 858 So.2d 993 ( Ala.Crim.App.2003 ) & Matthew Adkins, my prayers and are!, Ala.Code 1975 58 are in wards elsewhere was going to testify she Spencer. Officer Hugh Butler was the first to go to Collins shoot me Spencer Shoemaker, add. This mitigating circumstance did not exist on Aug. 10, 2006 amended order! So.2D 993 ( Ala.Crim.App.2003 ) ) -- if, of the State 's requested jury instructions number eight and nine... On self-defense 1183, 161 L.Ed.2d 1 ( 2005 ), Ala.Code.. Offer Kerry Donald Spencers loved ones a condolence message an amended sentencing order R. Boyce, Criminal 1116... Published by kerry spencer obituary Morning News on Aug. 10, 2006 the accompanying photo this List are pretty good bets will... Are you going to agree with anything we said that day., Woods ran back into apartment...

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