This appeal, which is automatic when a defendant has been sentenced to death, followed. Officer Collins stated that the individual told Officer Owen, [Y]ou hide behind that badge and gun. Were refreshing the Tributes.com website for a better experience! 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. My deepest sympathy goes out to you and your family. See also Harris v. State, 2 So.3d 880 (Ala.Crim.App.2007), and Eatmon v. State, 992 So.2d 64 (Ala.Crim.App.2007). 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. Aoife, from Moyvane, Co Kerry, and Eoin, Abbeyfeale, Co . I will always remember you as the awesome football player with the great personality! The trial court's amended sentencing order shall be submitted to this Court within 42 days of the date of this opinion. Because the trial court has complied with the requirements of our remand concerning its sentencing order, Spencer's sentencing will now be reviewed pursuant to Rule 45A, Ala. R.App. This evidence further militates against any contention that the murders were committed in a sudden passion and thus warranted such a jury instruction. Brantley Funeral Home. Spencer concedes that, although he requested an instruction on voluntary intoxication, he did not object to the lack of the now requested instructions. There was simply insufficient evidence from which a jury could have found beyond a reasonable doubt that Spencer was unable to form the requisite intent to commit capital murder, because he was experiencing a disturbance of mental or physical capacities, resulting from drug or alcohol use at the time of the murders. Words cannot begin to express the heart felt sorrow I feel for you and your family.May God give you the strength to endure during you time of pain. But she never expected one-year-old son, Samuel, to use his skill to send out an S.O.S while sitting on Santa's . May happy Share Terry Spencer's passing on Thursday, December 22, 2022 has been publicly announced by Midland Cremation Society in Joplin, MO. Spencer George Hare. 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. [I]n the absence of all evidence having a tendency to show that at the time of the killing the accused was in imminent peril of life, or grievous bodily harm, or of the existence of circumstances creating in his mind a reasonable belief of such peril, these instructions were abstract. King, 71 Ala. at 4-5. 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. [Defense counsel]: I can't speak for what-he's afraid of what may happen to him if he testifies. It was Doctor Simmons' opinion that the first shot to Officer Bennett struck his torso severing his spine which would have made it impossible for him to move and, as he lay dying, [Spencer] shot Officer Bennett point blank in the face, the bullet passing through his brain. The best poems for funerals, memorial services., and cards. If youre in charge of handling the affairs for a recently deceased loved one, this guide offers a helpful checklist. 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. Vicky Young, a dispatcher with the Birmingham Police Department, testified that she informed Officer Chisolm over the radio that the warrant was still outstanding. In Ex parte Edwards, 452 So.2d 503 (Ala.1983), the Alabama Supreme Court held that a private citizen may resist an attempt by law enforcement to subject him to an illegal arrest so long as he does not cause serious injury to the officer. 5. He did, but it was to curse them and argue he wasnt a wanted man. James Blanton testified that he led one team of officers in a search of one side of the block while another team of officers searched the other side of the block. On appeal, Spencer raises a number of issues, several of which he did not first raise by timely objection in the trial court. It is not required that the evidence submitted by the accused as a non-statutory mitigating circumstance be weighed as a mitigating circumstance by the sentencer, in this case, the trial court; although consideration of all mitigating circumstances is required, the decision of whether a particular mitigating circumstance is proven and the weight to be given it rests with the sentencer. There are no events at this time. Officer Collins stated that he heard Woods yell, I give up. Rector further testified that the damage to Officer Owen's service weapon and holster was consistent with having occurred while the service weapon was in the holster, and that he recovered a bullet fragment from the holster that was consistent with having been fired from a rifle. Funeral Home Services for KERRY are being provided by Twin Oaks Memorial Gardens & Funeral Home. 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. Echovita offers a solidarity program that gives back the funds generated to families. 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. What kind of arrangement is appropriate, where should you send it, and when should you send an alternative? SPENCER, Warren Reginald "Reg" - Passed peacefully on Wednesday October 14, 2020 at the age of 80 years. Spencer next argues that the trial court erroneously failed to instruct the jury on voluntary intoxication and the lesser-included offense of manslaughter. 98.) KERRY SELLERS OBITUARY. The penalty phase of the trial was conducted before the jury. 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. That was the first time I saw him. The trial court did consider the jury's recommendation of life imprisonment without parole as a mitigating circumstance, assigning this factor moderate weight because the vote was not consistent among the capital murder cases against Spencer. Thus, the trial court considered the evidence presented by Spencer but accorded it no weight. 1. In discussing nonstatutory mitigating circumstances, the trial court's amended sentencing order states: The defense called [Spencer] to the stand to testify in the penalty phase before the jury. Snyder v. State, 893 So.2d 488, 548 (Ala.Crim.App.2003); see also Belisle v. State, 11 So.3d 256, 308 (Ala.Crim.App.2007); and Harris v. State, 2 So.3d 880, 910 (Ala.Crim.App.2007). 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. 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. 740, 743, cert. 742, 136 L.Ed.2d 680 (1997)). Bush v. State, 168 Ala. 77, 53 So. I was so hurt to learn of Kerry's passing. 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. After searching some of the houses, his team was informed that the other search party had encountered one of the suspects, so his team went to that residence to assist. Finally, in an interview with the police after his arrest, Spencer stated that he was high at the time of his arrest. Thus, contrary to Spencer's assertion in his brief, the trial court did not fail in its obligation to make an attempt to protect Spencer's right to put on his defense. (Spencer's brief at p. SPENCER, Keith Wilbur - Born July 25, 1938, Keith passed away peacefully, surrounded by his family on Monday, August 5, 2019. . 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. 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. Here, Spencer presented evidence indicating that he had ingested narcotics and alcohol the night before the shootings and the morning of the shootings. You know, most folks would have called his lawyer and said, Look, I want to subpoena him. View Terry Spencer's obituary, contribute to their memorial, see their funeral service details, and more. And, you know, I probably didn't go to sleep until about 4 in the morning, you know, just dozed off.. We have also reviewed the propriety of the sentence of death as required by 13A-5-53(a), Ala.Code 1975. 335 (1917). The trial court instructed the jury, in pertinent part, as follows: Number eight. During the sentencing hearing before the Court, [Spencer] testified that he was sorry for what he had done and apologized to the families of the victims. Between 9:00 o'clock and 10:00 o'clock the next morning he drank one beer, he took one Seraquil [sic] and possibly a very small amount of powder cocaine. In Williams v. State, 938 So.2d 440 (Ala.Crim.App.2005), this Court addressed a similar issue as follows: An accused has the right to have the jury charged on any material hypothesis which the evidence in his favor tends to establish. Ex parte Stork, 475 So.2d 623, 624 (Ala.1985). 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. While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court.. There is no indication that the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor. SPENCER, , KERRY DARNELL Age 34 of Rowlett, TX, passed away August 6, 2006. 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. It is with sadness that we announce the passing of Mr. Allen McKinnon with his wife, Glenda, by his side, after a hard-fought battle with Parkinson's Disease, on Thursday, February 23, 2023 at the age of 63 years. About Us; Staff; Camps; Scuba. 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. For some people, the best send-off is one that they would have loved to attendthemselves: a big party. JUST KNOW THAT YOU ARE NOT ALONE. Funeral arrangement under the care ofHarvey-Engelhardt Funeral & Cremation Services. Just dont spray me with that mace.. ), aff'd 758 So.2d 81 (Ala.1999). The trial court has complied with our instructions and has submitted on remand an amended sentencing order, again sentencing Spencer to death. The God we serve in Mobile, Alabama is the same one that sits high and looks low in Dallas, Texas. Further, Spencer's actions contributed to the earlier confrontations with the officers; he made statements between the earlier encounter and the fatal encounter indicating that he would kill the officers if they returned. He has three attempted-murder charges against him that are pending. The trial court filed an amended sentencing order with this court, and on February 27, 2009, we again remanded this cause to the trial court with instructions that it amend its sentencing order to clarify its findings regarding the nonstatutory mitigating circumstances and the judicial override of the jury's recommendation of life imprisonment without parole. Cochran v. State, 500 So.2d 1161 (Ala.Crim.App.1984), aff'd in pertinent part, remanded on other part, 500 So.2d 1179 (Ala.1985), aff'd on return to remand, 500 So.2d 1188 (Ala.Cr.App. To death lesser-included offense of manslaughter narcotics and alcohol the night before the shootings you... Funerals, memorial services., and when should you send an alternative concerning sentence shall be to... Trial court 's amended sentencing order, again sentencing Spencer to death Y... I will always remember you as the awesome football player with the great!... Conducted before the jury their funeral service details, and Eatmon v. 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