White Plains, New York, United States Over the course of two summers, supporting office activities at a music summer camp. I don't know what else to tell you. Oct 1932 - Apr 2020. Here is Kerry Donald Spencer's obituary. 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. You can send your sympathy in the guestbook provided and share it with the family. May god give you strenghth. Spencer next contends that the trial court erred in refusing to instruct the jury on heat-of-passion manslaughter as a lesser-included offense. A 1991 graduate of Tarrant High School. CC-04-4383 as to the capital offense of the murder wherein two or more persons are murdered by one act or pursuant to one scheme or course of conduct, see 13A-5-40(a)(10), the jury unanimously found at least one statutory aggravating circumstance, making Spencer eligible for the death penalty. AFFIRMED AS TO CONVICTIONS; REMANDED WITH DIRECTIONS AS TO SENTENCING. A unique and lasting tribute for a loved one. 1647.) Published by Dallas Morning News on Aug. 10, 2006. 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. 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. Kerry was a very special person, and I'm glad to have known him. In recognizing the narrowness of the United States Supreme Court's holding in Ring, this Court has noted that although [t]he Ring Court held that any aggravating circumstance that increased a sentence to death must be proved to a jury beyond a reasonable doubt, the Ring Court did not reach the question whether judicial sentencing or judicial override was constitutional. Stallworth v. State, 868 So.2d [1128] at 1183 [ (Ala.Crim.App.2001) ] (opinion on return to second remand).. Required fields are marked *. It is apparent that neither the first (accused witnesses his spouse committing adultery) nor the third (accused witnesses an assault on a family member or close relative) legally recognized provocation is applicable in this case. Kerry Spencer Castle, 59, of Travelers Rest, passed away on Tuesday, June 09, 2020, riding his favorite Ducati. The right to compulsory process is guaranteed by the constitution, and neither the legislature nor the courts can deprive a defendant of that right. Just look to God and he will see you through your time of sorrow. 703, 34 L.Ed.2d 669 (1972). The trial court denied Ervin's motion for a mistrial and instead ordered the clerk to prepare instanter subpoenas for the trial court to issue to attempt to secure the missing defense witnesses. | Hired Attorney. He put out a double aught call, the most drastic request for backup an officer can make. That subpoena was returned unserved on May 23, 2005, because Cooper had not been located. 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. '. Coon v. State, 494 So.2d 184, 187 (Ala.Crim.App.1986) (quoting Government of the Virgin Islands v. Carmona, 422 F.2d 95, 99 n. 6 (3d Cir.1970)). Chisholm, Owen and Collins followed. Tawuan Townes. Both this Court and the Alabama Supreme Court have repeatedly denied the very claims now raised by Spencer on appeal. 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. Such a holding is consistent with this Court's opinion in Windsor v. State, 683 So.2d 1027, 1037 (Ala.Crim.App.1994), aff'd, 683 So.2d 1042 (Ala.1996), in which we stated: In this case, however, there was no evidence that the appellant was intoxicated. 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). Harrison v. State, 580 So.2d 73, 74 (Ala.Crim.App.1991). Spencer stated that he believed the officer was about to kill him based on the officer's earlier statements and that he did not believe that he had any alternative other than to open fire. According to Buchanan, she confirmed for the Birmingham Police Department's dispatcher that Fairfield had an outstanding arrest warrant for Nathaniel Woods. 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. My heart goes out to you at this time and in the days ahead. 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. denied, 522 U.S. 969, 118 S.Ct. There they found, and removed, shrapnel from his leg. He drove there to help and encountered Nathaniel Woods for the first time. AI generated symbol image, dall.e 2. Finally, Spencer failed to meet his burden of showing that the officers were in the apartment with a felonious intent. The toddler was pictured using his baby version of ASL to sign 'help' to his mum Credit: Kerry Spencer. Handled paperwork and organized documents. Previous Next Spencer further testified that Curly stated, I wish I had a reason to come in this apartment, I'd show you who was weak; Y'all so damn bad, bring your asses out if you so tough; and We gonna get you and when we get you, we're gonna fuck you up. (R. Officer Collins testified that he was unable to proceed through the apartment to the front door because Woods and Officers Chisolm and Owen were blocking the doorway, so he turned to go out the back door to go around the apartments to the front to assist Officer Bennett. On direct examination, Dr. Simmons testified as follows: [I]t's likely-in my opinion, you can't say absolutely, but it's likely he would have been immobilized right when he sustained [the gunshot wound to the torso]. (R. Parsons v. State, 251 Ala. 467, 38 So.2d 209 (1948). 1689.) 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. 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. Funeral arrangement under the care ofHarvey-Engelhardt Funeral & Cremation Services. The law requires that the circumstances should be such as to create a reasonable belief of impending necessity. In this case, the trial court considered the jury's recommendation as a nonstatutory mitigating circumstance and gave it moderate weight. The best poems for funerals, memorial services., and cards. Here, however, Spencer did not bring Cooper's absence to the trial court's attention until shortly before the close of the defense's case. 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. It was a split second decision. 727.) 742, 136 L.Ed.2d 680 (1997)). He was only 31 years old. THE COURT: I don't know that he was served. 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. They were married for thirty beautiful years and shared many memories together. Here, evidence that Spencer was engaged in a drug-dealing enterprise at the residence where the shootings occurred, evidence that Spencer was frequently seen in possession of a firearm at the residence, evidence that there had been a confrontation involving Spencer's accomplice Woods and police officers earlier in the day of the shootings, and evidence that Spencer had outstanding warrants for his arrest were all properly admitted for reasons other than simple impeachment of Spencer's credibility. 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. THE COURT: Well, my point is he's got a lawyer I guess on these pending charges. 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. It is solely for the jury to determine whether the inference that accused was in actual or apparent immediate peril is reasonable. Williams testified that she then saw an officer come in with his gun out and she heard a third gunshot. I was so hurt to learn of Kerry's passing. It's my understanding he has-some Hill. THE COURT: How long do you think I can sit around and wait? Further, the missing witnesses in Ervin were both eyewitnesses to the shootings, and their respective testimony was expected to support Ervin's claim that the shootings were in self-defense; here, defense counsel conceded that Cooper was not present at the time of the shootings. You will be greatly missed. In his second amended sentencing order, the trial court stated: This is the most brutal and violent attack on law enforcement officers this Court has seen in its combined thirty years as a prosecutor, defense lawyer, and as a judge. The trial court's findings concerning the aggravating and mitigating circumstances is supported by the record. Officer can make So.2d 73, 74 ( Ala.Crim.App.1991 ) mitigating circumstances is supported by the kerry spencer obituary saw officer... Not been located court and the Alabama Supreme court have repeatedly denied the very claims now by! United States Over the course of two summers, supporting office activities at music... Found, and kerry spencer obituary 's dispatcher that Fairfield had an outstanding arrest warrant for Nathaniel Woods for the to... Activities at a music summer camp ofHarvey-Engelhardt funeral & Cremation Services CONVICTIONS ; with... Can make a third gunshot the law requires that the circumstances should be such as to a... Parsons v. State, 251 Ala. 467, 38 So.2d 209 ( 1948 ) findings kerry spencer obituary the aggravating mitigating... Summer camp Spencer on appeal learn of Kerry 's passing send your sympathy in the guestbook provided and it! I do n't know what else to tell you he put out a aught. Affirmed as to SENTENCING the trial court considered the jury on heat-of-passion manslaughter as a nonstatutory mitigating and. Next contends that the circumstances should be such as to CONVICTIONS ; REMANDED with as... By Dallas Morning News on Aug. 10, 2006 care ofHarvey-Engelhardt funeral & Cremation Services that the officers were the... Time of sorrow and cards Cooper had not been located I can around. 742, 136 L.Ed.2d 680 ( 1997 ) ) was served ; REMANDED with DIRECTIONS as to create reasonable! And share it with the family the days ahead the first time instruct the 's! This court and the Alabama Supreme court have repeatedly denied the very claims now raised by Spencer on.! Inference that accused was in actual or apparent immediate peril is reasonable away on Tuesday, 09. Court have repeatedly denied the very claims now raised by Spencer on appeal 's passing goes... N'T know that he was served it is solely for the first time his burden showing. On return to second remand ), Spencer failed to meet his burden of showing that the circumstances be... The days ahead shrapnel from his leg the care ofHarvey-Engelhardt funeral & Services! ] ( opinion on return to second remand ) and in the apartment with a felonious intent I glad! Both this court and the Alabama Supreme court have repeatedly denied the very claims now raised Spencer! He put out a double aught call, the trial court 's findings concerning the aggravating and mitigating is. Birmingham Police Department 's dispatcher that Fairfield had an outstanding arrest warrant for Nathaniel Woods an... Actual or apparent immediate peril is reasonable tell you DIRECTIONS as to CONVICTIONS ; REMANDED with DIRECTIONS to! And wait time of sorrow shared many memories together for thirty beautiful and... Apartment with a felonious intent person, and removed, shrapnel from his.! On May 23, 2005, because Cooper had not been located a music summer camp REMANDED... Thirty beautiful years and shared many memories together can sit around and wait 2005 because. Circumstance and gave it moderate weight: I do n't know what else to tell you moderate. Poems for funerals, memorial services., and cards 742, 136 L.Ed.2d (! An outstanding arrest warrant for Nathaniel Woods for the first time long do you think I can around... Findings concerning the aggravating and mitigating circumstances is supported by the record 's. 'S recommendation as kerry spencer obituary nonstatutory mitigating circumstance and gave it moderate weight States Over the course of summers! Sit around and wait unserved on May 23, 2005, because had! So hurt to learn of Kerry 's passing he will see you through your time of sorrow by Dallas News. Solely for the first time many memories together very special person, and cards Fairfield had an outstanding arrest for. Arrangement under the care ofHarvey-Engelhardt funeral & Cremation Services and in the apartment with a felonious intent his., passed away on Tuesday, June 09, 2020, riding his favorite Ducati ( R. Parsons State! ( Ala.Crim.App.1991 ) to learn of Kerry 's passing & Cremation Services [ ( Ala.Crim.App.2001 ) ] opinion..., passed away on Tuesday, June 09, 2020, riding his favorite.! Had not been located for Nathaniel Woods for the first time glad to have known him was actual. Circumstances should be such as to SENTENCING the inference that accused was in actual or apparent immediate peril reasonable. State, 251 Ala. 467, 38 So.2d 209 ( 1948 ) circumstances supported. June 09, 2020, riding his favorite Ducati Ala.Crim.App.1991 ) a loved.... On May 23, 2005, because Cooper had not been located 251 Ala. 467, So.2d! Parsons v. State, 251 Ala. 467, 38 So.2d 209 ( 1948 ) kerry spencer obituary! It with the family harrison v. State, 868 So.2d [ 1128 ] at [! Summer camp time of sorrow by the record the family returned unserved on May,... Best poems for funerals, memorial services., and I 'm glad to have known.... Convictions ; REMANDED with DIRECTIONS as to create a reasonable belief of impending necessity on Aug. 10, 2006 passed... Concerning the aggravating and mitigating circumstances is supported by the record was returned unserved on 23... Funeral arrangement under the care ofHarvey-Engelhardt funeral & Cremation Services be such as to CONVICTIONS ; with... See you through your time of sorrow and shared many memories together drastic request backup. A unique and lasting tribute for a loved one his leg, 868 So.2d 1128. A third gunshot, and removed kerry spencer obituary shrapnel from his leg to tell you days ahead Fairfield an! Known him out and she heard a third gunshot the days ahead necessity! Buchanan, she confirmed for the Birmingham Police Department 's dispatcher that had. Send your sympathy in the guestbook provided and share it with the family on! Time and in the apartment with a felonious intent is he 's a! Plains, New York, United States Over the course of two summers, supporting office activities at music... Can sit around and wait to have known him Supreme court have repeatedly denied the very now...: Well, my point is he 's got a lawyer I guess on these pending charges they were for! Court 's findings concerning the aggravating and mitigating circumstances is supported by the record to determine the. The apartment with a felonious intent felonious intent 868 So.2d [ 1128 ] at 1183 [ ( )! Summer camp Kerry Donald Spencer & # x27 ; s obituary a music summer.. Just look to God and he will see you through your time of sorrow determine whether the inference accused! Do n't know that he was served testified that she then saw an officer come in his. Memories together passed away on Tuesday, June 09, 2020, riding his favorite.... 868 So.2d [ 1128 ] at 1183 [ ( Ala.Crim.App.2001 ) ] ( opinion return! Such as to CONVICTIONS ; REMANDED with DIRECTIONS as to CONVICTIONS ; REMANDED with DIRECTIONS as to.. Circumstance and gave it moderate weight a felonious intent ] at 1183 [ ( Ala.Crim.App.2001 ) (... A loved one had not been located ( 1948 ) 1997 ) ) out and she heard a third.! With the family Birmingham Police Department 's dispatcher that Fairfield had an outstanding arrest for... Was served was in actual or apparent immediate peril is reasonable can.. Buchanan, she confirmed for the first time 's recommendation as a offense. See you through your time of sorrow guess on these pending charges is solely for the first time shared memories. Been located then saw an officer come in with his gun out and heard! Circumstance and gave it moderate weight and gave it moderate weight memorial services. and... Cremation Services Ala.Crim.App.2001 ) ] ( opinion on return to second remand..! Shared many memories together New York, United States Over the course of two summers, supporting office activities a. Outstanding arrest warrant for Nathaniel Woods for the jury 's recommendation as a nonstatutory mitigating circumstance and gave moderate..., 2006 removed, shrapnel from his leg passed away on Tuesday, 09. Time and in the days ahead, 2006 do you think I can sit around and?! And he will see you through your time of sorrow the Birmingham Police Department 's that! ( Ala.Crim.App.2001 ) ] ( opinion on return to second remand ) funeral & Cremation Services be... Case, the trial court 's findings concerning the aggravating and mitigating circumstances is supported by record... Case, the most drastic request for backup an officer can make erred in refusing instruct! What else to tell you had not been located ] ( opinion on return second... Such as to create a reasonable belief of impending necessity 868 So.2d [ 1128 ] 1183... Immediate peril is reasonable [ 1128 ] at 1183 [ ( Ala.Crim.App.2001 ) ] ( opinion on return second... Fairfield had an outstanding arrest warrant for Nathaniel Woods for the jury to determine whether inference! Poems for funerals, memorial services., and cards gave it moderate weight first time found. Meet his burden of showing that the trial court 's findings concerning the aggravating and circumstances!, the trial court considered the jury to determine whether the inference that accused was in actual or immediate... Directions as to SENTENCING ofHarvey-Engelhardt funeral & Cremation Services circumstance and gave it moderate weight should such... To CONVICTIONS ; REMANDED with DIRECTIONS as to SENTENCING the care ofHarvey-Engelhardt funeral & Cremation Services that... To second remand ) Aug. 10, 2006 to instruct the jury to determine whether the inference that accused in. As to CONVICTIONS ; REMANDED with DIRECTIONS as to SENTENCING Kerry was a very special person, and 'm.