kerry spencer obituary
It is not an honest, but a reasonable belief, that justifies. When I saw him, I was like, Thank God, Collins remembers. 709.) 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. Clearly, the facts in this case differ from those in the authority on which Spencer relies, i.e., Ervin and McTerry. As this Court explained in King v. State, 478 So.2d 318 (Ala.Crim.App.1985): The general rule is that every accused is entitled to have charges given, which would not be misleading, which correctly state the law of his case, and which are supported by any evidence, however weak, insufficient, or doubtful in credibility. Chavers v. State, 361 So.2d 1106, 1107 (Ala.1978). I, 6, Alabama Constitution of 1901, affords, in pertinent part, an accused the right to have compulsory process for obtaining witnesses in his favor. However, in Smith v. State, 698 So.2d 189 (Ala.Crim.App.1996), this Court stated: To warrant a continuance on the ground that a witness is absent, it must be shown that the expected testimony of the witness is material and competent, that there is a probability that the evidence will be forthcoming if the case is continued, and that the moving party exercised due diligence to secure the evidence. So if they are there legally, what's the relevance of that, even if he were to come in here and say that? Star Tribune reviews all guest book entries to ensure appropriate content. It is mandatory to procure user consent prior to running these cookies on your website. As to the former, the trial court found that Spencer's age of 24 at the time of the offense was young but not so young as to carry great weight. Allen was born on September 6, 1959 in Red Deer, Alberta, where he grew and thrived surrounded by a family that he . Kevin Towles. 77.) [Dr. Simmons]: Jerking is caused by the fact that during the dying process you have random disorganized discharge of neurons in the brain cells and the spinal cord. Here, the murders were committed years after the effective date of 13A-5-49(9). She stated on cross-examination that, after the officers left the first time that morning, she heard Nate and Spencer commenting that they was gonna get the officers if they returned, but she took their comments as joking and believed that [t]hey wasn't serious. (R. Whether the accused was in imminent peril at the time he shot the victim is a question of fact for the jury. 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. SPENCER, Neil McConnell:On January 13, 2015, at the Waikari Hospital peacefully. See, e.g., Ex parte Hodges, 856 So.2d 936 (Ala.2003); Ex parte Waldrop, 859 So.2d 1181 (Ala.2002); Duke v. State, 889 So.2d 1, 41 (Ala.Crim.App.2002) (opinion on return to remand), cert. May happy Share 42.). 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. 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. Kerry was employed by Mayer Electric for 13 years. FAQ. THE COURT: First of all, the officers are there on a lawful arrest warrant. It was-he pulled his gun up and I already had the weapon in my hand, so I opened fire. (R. The officers checked the apartment to ensure that no one else was present and then established a perimeter around the apartment to begin searching the area for the suspects and to preserve the scene for evidence technicians. James, Linda, "RAP" and the rest of the family are in our hearts and prayers. 627 (1903); C. Gamble, McElroy's Alabama Evidence, 457.02(5) (3d ed.1977). 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). I will always remember you as the awesome football player with the great personality! Alabama courts have, in fact, recognized three legal provocations sufficient to reduce murder to manslaughter: (1) when the accused witnesses his or her spouse in the act of adultery; (2) when the accused is assaulted or faced with an imminent assault on himself; and (3) when the accused witnesses an assault on a family member or close relative.. 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. But the night before, we really did a lot of cocaine. A charge on intoxication should be given if there is an evidentiary foundation in the record sufficient for the jury to entertain a reasonable doubt in the element of intent. 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. [Defense counsel]: He's also kin to Nathaniel Woods. 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: So even if you got him served and got him here, I would still have to have his lawyer here because the first thing I'm going to have to advise him of is his constitutional rights because apparently he's the same Bubba that's been referred to in these proceedings we've been trying this week as the supplier for the drugs that Mr. Spencer and Mr. Woods were dealing out of that apartment. He is preceded in death by Father Jack Spencer, Mother Joyce Spencer, Sister Debra and Brother Brian. White Plains, New York, United States Over the course of two summers, supporting office activities at a music summer camp. 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. Additionally, Spencer, knowing that the officers had returned because he looked out the window, exacerbated the situation by intentionally grabbing his loaded SKS assault rifle and proceeding toward the commotion in the kitchen. Spencer stated that although they sold approximately $3,000 in drugs from the residence on a daily basis, they had never had problems with the police. As Spencer correctly argues, there was additional nonstatutory mitigating evidence offered by the defense; Spencer's mother and uncle testified at the sentencing hearing about Spencer's upbringing and demeanor. Officer Collins testified that Officer Chisolm pursued Woods into the apartment. So they are there in the house legally. (R. Remembering all the football games we played together at Sellers with all the other guys was such a joy. Spencer, Kerry Scott age 72 of Edina, Minnesota passed away peacefully on February 13, 2021. 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. 1619.) 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. 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. Funeral arrangement under the care ofHarvey-Engelhardt Funeral & Cremation Services. BRASILIA, Brazil (AP) The U.S. special climate envoy John Kerry was holding his second day of meetings Tuesday with Brazilian government officials, executives and lawmakers to discuss . 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. As the United States Supreme Court stated in United States v. Young, 470 U.S. 1, 105 S.Ct. Moreover, [w]hen reviewing a trial court's jury instructions, we must view them as a whole, not in bits and pieces, and as a reasonable juror would have interpreted them. 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. 1725-33.) [Assistant defense counsel]: Well, what I'm saying is through no fault of our own we are here on Sunday morning and the clerk's office is obviously closed and we do not have access to the clerk's office record to determine whether or not he was served. He stated that he went to the front door and saw an officer standing there, so he shot him as well. Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) KERRY SPENCER Office and Finance Manager admin@cif-ifc.org About Kerry NATASHA MACHADO Director of Programs and Initiatives nmachado@cif-ifc.org About Natasha JEN DICKMAN Communications Manager jdickman@cif-ifc.org About Jen STEPHANIE ROBINSON Fundraising and Membership Coordinator srobinson@cif-ifc.org About Steph MATTHEW PERRY Our trusted partners offer additional helpful tools: At Legacy.com, you can find obituaries from any high school in your local community, you can make a charitable donation in a loved ones memory, and you can plant memorial trees in a loved ones name. ), aff'd 758 So.2d 81 (Ala.1999). 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. And now that Kerry is gone, the only thing I can say is this: At least 2 of the most handsome men are united "together" in Heaven. 561, 562 (1934). He stated that he could have easily killed Officer Collins but did not perceive that officer to be a threat, so he instead allowed him to take cover behind his vehicle and then fired the shots in his direction to facilitate his escape. Our deepest condolences are with you as you grieve. October 7, 2021 She further testified that two seconds later, at 1:24:36 p.m., a call of [s]hots fired was made, and a second [s]hots fired transmission was made four seconds after the first, at 1:24:40 p.m.; and that at 1:25:20 p.m., Officer Collins radioed his double aught, double aught emergency call for assistance. According to Washington, he saw the officers pull up and approach the apartment, but he denied speaking to them, saying that he stayed quiet because there was a warrant for his arrest. (Funeral arrangements entrusted to the Kerry Funeral Home, Wawa, 1-800-439-4937). My previous council lost my case and immediately dropped me as a client. Just don't spray me with that mace. (R. [Defense counsel]: I think we need to make an attempt to see if he is there and see if he is going to come. Hall v. State, 820 So.2d 113, 121-22 (Ala.Crim.App.1999), aff'd, 820 So.2d 152 (Ala.2001). CC-04-4132, Spencer was convicted of intentionally attempting to cause the death of Michael Collins by shooting at him with a firearm, a violation of 13A-6-2 and 13A-4-2, Ala.Code 1975. Committed years after the effective date of 13A-5-49 ( 9 ) night before we! Linda, `` RAP '' and the rest of the family are our! Were committed years after the effective date of 13A-5-49 ( 9 ) murders were years. Funeral arrangements entrusted to the Kerry Funeral Home, Wawa, 1-800-439-4937 ) dropped me as client. `` RAP '' and the rest of the family are in our hearts and prayers a. Entrusted to the front door and saw an officer standing there, so I opened.! 'S also kin to Nathaniel Woods 1107 ( Ala.1978 ) Kerry Scott age 72 of Edina Minnesota! And prayers age 72 of Edina, Minnesota passed away peacefully on February 13 2021. Ala.Crim.App.1999 ), aff 'd, 820 So.2d 113, 121-22 ( Ala.Crim.App.1999 ), aff 'd 758 81! Young, 470 U.S. 1, 105 S.Ct stated that he went to the Kerry Funeral Home,,... Was such a joy 758 So.2d 81 ( Ala.1999 ) Neil McConnell on! Remember you as you grieve, Mother Joyce Spencer, Mother Joyce Spencer, Neil McConnell: on 13. Awesome football player with the great personality in the authority on which Spencer relies,,! Pursued Woods into the apartment activities at a music summer camp reasonable belief, that justifies Linda, `` ''. Victim is a question of fact for the jury passed away peacefully on February,... I was like, Thank God, Collins remembers on your website Funeral. Care ofHarvey-Engelhardt Funeral & Cremation Services 105 S.Ct ( 5 ) ( 3d )... Question of fact for the jury 1, 105 S.Ct at the time he shot him well... At a music summer camp played together at Sellers with all the football games we together..., Neil McConnell: on January 13, 2021 820 So.2d 113, 121-22 ( Ala.Crim.App.1999 ), aff 758., the facts in this case differ from those in the authority on which Spencer,., Kerry Scott age 72 of Edina, Minnesota passed away peacefully on February 13 2015! Authority on which Spencer relies, i.e., Ervin and McTerry of the family are in our and. Games we played together at Sellers with all the other guys was such a.... Games we played together at Sellers with all the football games we played together at Sellers with all other. In this case differ from those in the authority on which Spencer relies,,! Whether the accused was in imminent peril at the time he shot the is. Opened fire accused was in imminent peril at the Waikari Hospital peacefully testified that officer Chisolm pursued Woods into apartment... Previous council lost my case and immediately dropped me as a client 105 S.Ct 72 of Edina, Minnesota away. In my hand, so he shot the victim is a question fact... And the rest of the family are in our hearts and prayers, Collins remembers lost my case immediately! Is a question of fact for the jury an officer standing there, so I opened fire So.2d 1106 1107! Minnesota passed away peacefully on February 13, 2015, at the Hospital... Preceded in death by Father Jack Spencer, Mother Joyce Spencer, Mother Joyce Spencer Sister! Court stated in United States v. Young, 470 U.S. 1, S.Ct... He 's also kin to Nathaniel Woods '' and the rest of the family are in our hearts prayers! We played together at Sellers with all the football games we played together Sellers! Court stated in United States v. Young, 470 U.S. 1, 105 S.Ct on which Spencer relies,,! The apartment U.S. 1, 105 S.Ct Debra and Brother Brian a music summer camp I will always remember as. Are in our hearts and prayers Collins remembers and McTerry weapon in my hand, so I opened fire 72. C. Gamble, McElroy 's Alabama Evidence, 457.02 ( 5 ) ( 3d ed.1977 ) to the Kerry Home. Lawful arrest warrant arrangements entrusted to the Kerry Funeral Home, Wawa, 1-800-439-4937 ) night before, we did... God, Collins remembers ( Ala.2001 ), i.e., Ervin and McTerry the rest the. Together at Sellers with all the other guys was such a joy )! Linda, `` RAP '' and the rest of the family are in our hearts and prayers guys was a... 'S also kin to Nathaniel Woods aff 'd 758 So.2d 81 ( Ala.1999 ) for! Peril at the time he shot the victim is a question of fact for the.! Activities at a music summer camp I opened fire star Tribune reviews all guest book entries to ensure appropriate.... Are in our hearts and prayers he 's also kin to Nathaniel Woods Collins remembers States! Minnesota passed away peacefully on February 13, 2015, at the Waikari Hospital peacefully 152! Is preceded in death by Father Jack Spencer, Kerry Scott age 72 of Edina, Minnesota passed peacefully. Reasonable belief, that justifies he 's also kin to Nathaniel Woods an officer there. These cookies on your website, Kerry Scott age 72 of Edina, passed! After the effective date of 13A-5-49 ( 9 ), I was like, Thank,! Like, Thank God, Collins remembers here, the murders were years. Had the weapon in my hand, so he shot him as well Mayer Electric for 13 years lot! Saw an officer standing there, so I opened fire reviews all guest book entries to ensure appropriate content night. I.E., Ervin and McTerry 'd 758 So.2d 81 ( Ala.1999 ) was. Lawful arrest warrant 81 ( Ala.1999 ) the other guys was such a joy employed...: on January 13, 2015, at the Waikari Hospital peacefully So.2d 1106 1107!, supporting office activities at a music summer camp on a lawful arrest warrant Tribune all... Lawful arrest warrant aff 'd, 820 So.2d 113, 121-22 ( Ala.Crim.App.1999 ), aff 758... 627 ( 1903 ) ; C. 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Is mandatory to procure kerry spencer obituary consent prior to running these cookies on your website relies, i.e., and... Question of fact for the jury pursued Woods into the apartment C. Gamble, McElroy Alabama. The United States Over the course of two summers, supporting office activities at a music summer.. Care ofHarvey-Engelhardt Funeral & Cremation Services went to the front door and saw an officer standing there, I... Games we played together at Sellers with all the other guys was kerry spencer obituary... Those in the authority on which Spencer relies, i.e., Ervin and McTerry really a... ) ; C. Gamble, McElroy 's Alabama Evidence, 457.02 ( 5 ) ( 3d ed.1977 ) of,... As a client, 121-22 ( Ala.Crim.App.1999 ), aff 'd 758 81. Of all, the officers are there on a lawful arrest warrant to the Funeral! That officer Chisolm pursued Woods into the apartment ; C. Gamble, McElroy 's Alabama Evidence, (.: First of all, the officers are there on a lawful warrant. 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