Instead, he ran out the back door to make his way to Bennett. 161, 13 So.2d 776, cert. This comes out of the Code of Alabama 1975, 13A-3-28. It was he pulled his gun up and I already had the weapon in my hand so I opened fire.. The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance. They called Chisholm to the back to bring the warrant and photo. [Defense counsel]: I think we have a legal right to put on evidence of why they were there otherwise. 733.) They are dying. It was originally set for trial on April 11, the same day this was to be tried, this particular case to be tried. 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. kerry, you will be missed and it's such a shame that we come in contact with people when they die but i am glad that i grew up to know you and your family. He stated that Officer Owen sustained grazing gunshot wounds and a number of entrance and exit wounds associated with multiple gunshot wounds to his back and arm. It was a split second decision. If that can't be determined, I would ask the Court to issue an instanter subpoena to have him picked up today at this address that I have given you, 1016 Huffman Road, Birmingham. The officers' deaths in a hail of gunfire rocked Alabama's . God Bless. According to Officer Jacobs, after he advised Spencer of his Miranda4 rights, Spencer agreed to speak with officers. Spencer objected during the charge conference when the trial court indicated that it intended to give the now complained-of instructions; his objection was that the officers were not there to effect an arrest of Spencer and that when they went to the apartment to arrest Woods the officers did not necessarily have the warrant in their immediate possession upon request. 238, 240, 39 So.2d 419, 421, cert. 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. Flawless Execution. Rather, the trial court adequately protected Spencer's rights, including granting Spencer an overnight continuance to the following morning, and then conducting a thorough discussion on the record as to the status of the defense's efforts to locate the witness, the expected testimony of the witness, and the likelihood of the witness taking the stand if located. A unique and lasting tribute for a loved one. I'm not going to just stop with this being your last witness and sit around on something that may not even be admissible while some futile search is made for somebody who won't cooperate, doesn't want to be a witness, who's got some criminal exposure and a lawyer that I can't even track down. On October 9, 2005, the trial court issued an amended sentencing order. I give up. Mitchell v. Moore, 406 So.2d 347 (Ala.1981); Malone v. State, 659 So.2d 1006 (Ala.Cr.App.1995); McClellan v. State, 628 So.2d 1026 (Ala.Cr.App.1993); Prince v. State, 623 So.2d 355 (Ala.Cr.App.1992).. See also Maples v. State, 758 So.2d 1, 23 (Ala.Crim.App. It is well settled that a trial court need not specify in its sentencing order each item of proposed nonstatutory mitigating evidence offered that it considered and found not to be mitigating. Wilson v. State, 777 So.2d 856, 892 (Ala.Crim.App.1999), quoting Williams v. State, 710 So.2d 1276, 1347 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (emphasis omitted). At that point, Officer Bennett was paralyzed and would not have been able to move to touch his leg.. 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. He drove there to help and encountered Nathaniel Woods for the first time. TO THE FAMILY AND FRIENDS MY SYMPATHY GOES OUT TO YOU AND MY PRAYERS ALSO, BE ENCOURAGED AND KNOW THAT GOD MAKES NO MISTAKE, YOU LOVED HIM BUT GOD LOVED HIM MORE. The rule of self-defense is that persons may and must act on the reasonable appearance of things. Food has always been a go-to for people in mourning. They were married for thirty beautiful years and shared many memories together. Always stand on the solid rock, Jesus! Thus, evidence that the defendant ingested alcohol or drugs, standing alone, does not warrant a charge on intoxication. May happy Share Williams v. State, 161 Ala. 52, 59, 50 So. (Emphasis added.) Officer Collins stated that he heard Woods yell, I give up. Spencer George Hare. He took cover behind his police cruiser. If he gets up and says, Yeah, I'm a dope dealer-. Williams testified that she looked and saw Nate in the doorway. 561, 562 (1934). Kerry Spencer's convictions for four counts of capital murder for the death of Birmingham Police Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett,1 and for the attempted murder of Michael Collins were affirmed by this court on April 4, 2008. 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. This Court stated: A corollary to the accused's right to compulsory process is the court's obligation to ensure that that right is not violated for procedurally pretextual reasons. Rather, he now argues that the trial court's giving the State's requested instructions eight and nine and refusing the defense's requested instructions on self-defense, provocation, and felonious arrest was in essence an affirmative charge for the jury to return a finding of guilt and reduced the State's overall burden of proof. The law of self-defense makes use of (1) rules, and (2) the reasonable-person standard. She stated that she next saw the officers take Nate down inside the kitchen and that she got up and went into the bathroom. Other jurisdictions that have considered this issue have concluded that a limiting instruction is not required when evidence of other crimes or prior bad acts is properly admitted as part of the res gestae of the crime with which the defendant is charged. 1658-59.) Ryan Kreidler (R) -- IF, OF The first nine on this list are pretty good bets. According to Officer Collins, Officer Chisolm came to the back of the apartment and, while he was showing Woods the printout and photograph, told him that the arrest warrant from Fairfield was for assault, at which time Woods again cursed the officers and then turned and ran back inside the apartment. 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. King v. State, 71 Ala. 1, 4 (1881). Whether the accused reasonably believes that another person is using or is about to use unlawful deadly physical force against him is a question for the jury. Vicky Young, a dispatcher with the Birmingham Police Department, testified that she informed Officer Chisolm over the radio that the warrant was still outstanding. 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. Spencer v. State, [Ms. CR-04-2570, Feb. 27, 2009] --- So.3d ---- (Ala.Crim.App.2008). Spencer v. State, [Ms. CR-04-2570, February 27, 2009] --- So.3d ----, ---- (Ala.Crim.App.2008). They are irritated. It wasn't like I had time to say, Oh, you fixing to shoot me. Kerry Spencer lit a candle 21/07/2022 Kerry Spencer wrote Missed and loved but thought about daily, a lady whom touched many hearts and made memories that will last in our minds forever Sleep tight and fly free XXXX JKLO Report abuse 21/07/2022 Comment on this message David Spencer wrote I miss you so much Our thoughts and prayers are with you and your family during this difficult time. God will give you comfort and strength at this time of great loss. 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. At the close of the defense's case, the defense renewed its motion for a mistrial on the grounds that two witnesses, both of whom were eyewitnesses to the shootings and further provided corroborating evidence supporting Ervin's claim that the shootings were in self-defense, were absent. My previous council lost my case and immediately dropped me as a client. 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. 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. You have funeral questions, we have answers. As required by 13A-5-53(b)(3), Ala.Code 1975, this Court must determine whether Spencer's sentence was disproportionate or excessive when compared to the penalties imposed in similar cases. Kerry was employed by Mayer Electric for 13 years. 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. Other times people just die. . [Spencer] also testified before the Court in the sentencing phase before the Court. Information and advice to help you cope with the death of someone important to you. An accused is entitled to have the jury consider the issue of his intoxication where the evidence of intoxication is conflicting, Owen v. State, 611 So.2d 1126, 1128 (Ala.Crim.App.1992); Crosslin v. State, 446 So.2d 675, 682 (Ala.Crim.App.1983), where the defendant denies the commission of the crime, Coon v. State, 494 So.2d at 187; see Moran v. State, 34 Ala.App. Spencer stated that he was awakened from his nap by a commotion in the back of the apartment, so he looked out the front bedroom window and saw that the police had returned. Ervin, 584 So.2d at 949. 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