Calvin Stallworth. The witness did not see the shootings; moreover, there was no indication that the witness was going to testify as to any specific communications between himself and the accused that would support a self-defense argument. 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. According to Rector, a number of fragments recovered during the autopsies of Officers Bennett and Chisolm were fired from the SKS assault rifle; he stated that he conducted a distance study and concluded that the end of the barrel of the SKS assault rifle had been positioned from two to six inches from Officer Bennett's face when that shot was fired. Our deepest condolences are with you as you grieve. It wasnt like I had time to say, Oh, you fixing to shoot me. Some kind of incident happened in New Hill in Birmingham or in the Bessemer District of Jefferson County. Spencer had argued in his brief on return to remand that Dr. Gary Simmons testified at trial that, as he was dying, Officer Bennett may have experienced seizures or jerking, resulting in the possibility of Officer Bennett's having touched Spencer. Dumas stated that Belser was the doorman and that he was the assistant doorman in that they answered the back door for people who came to the house to buy drugs; they would take the money from the individual and turn it over to Woods or Spencer; Woods or Spencer would then hand them the drugs; and they would in turn hand the drugs to the customer. 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. Kerry Spencer shared an old photo of her son. Prayers from Mobile, Alabama have been sent to you'll for strength, during these difficult times. On October 9, 2005, the trial court issued an amended sentencing order. Spencer stated that Curly put his badge back on his uniform and that Curly and Officer Collins drove away in their vehicles. CC-04-4132. Dumas stated that more officers were at the back door. See also Ex parte Pettway, supra, and Mordecai v. State, 858 So.2d 993 (Ala.Crim.App.2003).. Blanton testified that the suspect, who was discovered in the attic of the residence, was taken into custody. The obituary was featured in The. (R. Remembering all the football games we played together at Sellers with all the other guys was such a joy. It was-he pulled his gun up and I already had the weapon in my hand, so I opened fire. (R. June 17, 2004, started out as an unremarkable day for Birmingham Police Sgt. He stated that Curly was always harassing them. In light of the many levels of judicial scrutiny ahead in this case, we conclude it proper to again remand for the trial court to clarify its sentencing order on this point. The trial court instructed defense counsel to telephone Cooper at the number they had been given, but that number was the general office number for the apartment complex, rather than the specific apartment where Cooper was allegedly located. 519, 41 So.2d 630 (1949). Before reweighing the aggravating and mitigating circumstances in his amended sentencing order on return to second remand, the trial judge clearly stated that he had determined that the evidence concerning the testimony of Spencer's mother and uncle did not constitute mitigating evidence, nor did Spencer's proclamation of remorse and his apology to the victims' families. 733.) There are no events at this time. Spencer next argues that the trial court erred in refusing to instruct the jury on self-defense. The defendant testified that he shot Officer Bennett in the face when Officer Bennett touched his leg. He stated that, in addition to wounds resulting from gunshots that grazed but did not penetrate deeply into his body, Officer Chisolm suffered multiple gunshot wounds to his back and side, and a number of those bullets traveled through and exited his body. 663, 665, 248 So.2d 158, 160 (1971). Spencer testified that he waited until Officer Collins reached his car and then fired a couple of rounds into his windshield before turning and fleeing through the front door of the apartment. Spencer did not claim to be intoxicated at the time of the shootings. (R. Harry was born May 1927 in Staten Island New York, to parents Margaret and Henry Spencer. A self-defense instruction should be given when any evidence is given showing the defendant's subjective belief that the use of force was necessary. Perkins, at 1115-16, quoting People v. Lockett, 82 Ill.2d 546, 45 Ill.Dec. The law is well-settled that a motion for a continuance, even when based on an absent witness, is addressed to the sound discretion of the trial court. But the night before, we really did a lot of cocaine. Echovita Inc is a registered trademark. He loved telling stories, spending time with his grandchildren, playing cribbage and helping people. I really wish my neice, his sister, Tricia, was there with you'll to celebrate in his homegoing. The evidence adduced at trial indicated the following: On July 17, 2004, Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, of the Birmingham Police Department, were shot and killed, and a fourth officer, Officer Michael Collins, also of the Birmingham Police Department, was shot but survived. May your memories bring you comfort. 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. [I]t is a question for the jury to satisfy itself from all the evidence in the case whether or not the defendant was in imminent and manifest danger either of losing his own life or of suffering grievous bodily harm, or that it appeared so to the mind of a reasonable man. Dilburn v. State, 16 Ala.App. Therefore, Spencer is not entitled to any relief on this claim. He was preceded in death by his brother: Raymount Spencer. 1638.). Spencer stated that sometime after they got back to the apartment, Curly returned alone and got into an argument with Nate at the back door, accusing them of stealing cars. He stated that he looked at the doorway of the apartment and saw a man standing just outside the apartment and firing a gun in his direction. 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. He was the only son of the late William Spencer Castle, Jr. and Edna Jane Yarnall. Spencer was the shooter but he had not acted alone, police alleged. He drove there to help and encountered Nathaniel Woods for the first time. Spencer stated that they were going to wait until the police shift changed at 3:00 p.m., and then slip out of the apartment at that time to avoid encountering the officers that day. See Rule 45A, Ala.R.App.P. Owen told Collins to check Woods name in the criminal database from his patrol car. The trial court had found in its amended sentencing order on return to the first remand that, because the first shot had paralyzed Officer Bennett, he would have been unable to touch Spencer's leg and provoke the second shot. They are irritated. Menu. According to Spencer, he heard something behind him, so he turned, saw someone he later stated he believed to be Officer Chisolm with his gun, and automatically opened fire. (R. 1681) He stated that he turned to the front door and saw another officer, so he shot him as well. 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. He was a native and resident of New Orleans, LA. It is not an honest, but a reasonable belief, that justifies. 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 . Gunfire erupted. Whitehead v. State, 429 So.2d 641 (Ala.Cr.App.1982). A massive, tense manhunt followed, and Spencer and Woods were arrested later that day. Thus, we find no error, plain or otherwise, in the trial court's giving of the State's requested instructions eight and nine. 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. | Hired Attorney. Spencer Jones hit four 3-pointers and scored 21 points on 7-of-13 shooting from the field, Brandon Angel added 14 points, seven rebounds and four assists and Stanford beat Washington 81-69 Sunday . 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. 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. Although [Spencer] offered an apology for his actions, it is in direct contradiction with the undisputed facts of the case nor his statement to police after his arrest, or his testimony before the jury in the penalty phase. Spencer testified that after the initial incident with the police on the morning of the shootings, Nate and he went to get some food. Alabama . Burns v. State, 229 Ala. 68, 70, 155 So. Terry "Cot" Spencer, 65, of Carlisle, SC passed away on Wednesday morning, July 27, 2022 in Ellen Sagar Nursing Home. 558 (1916). Thus, although Spencer may not have formally requested a continuance, the actions he sought the trial court to undertake, of necessity, were the functional equivalent of a continuance. The evidence also indicates that Spencer made statements following the earlier encounters with the officers that if the officers returned he would bust em (R. 913), and that they was gonna get the officers if they returned. He stated that he went to the front door and saw an officer standing there, so he shot him as well. See also Brownfield v. State, supra (jury conviction of the capital offense of the murder of two or more people during one act or pursuant to one scheme or course of conduct satisfied the requirement that an aggravating circumstance be found by the jury and the verdict itself rendered the defendant eligible for the death penalty, exposing him to a range of punishment that included the death penalty); and Yeomans v. State, 898 So.2d 878 (Ala.Crim.App.2004) (same). Dr. Gary Simmons testified at trial as follows: 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?, Dr. The record clearly shows that more than sufficient time had elapsed between the time the last drugs or alcohol was ingested and the shooting.. The officers, joined by Chisholm, left to double-check that the warrant was valid. It must be shown that substantially favorable testimony would be given by the witness and that the denial of a continuance would materially prejudice the defendant. denied, 526 U.S. 1133, 119 S.Ct. If the lawyer is going to advise him to take the Fifth Amendment, I can't make him testify. I give up. 1638.). [Assistant defense counsel]: There are three attempted murders. Olive Evelyn Decima Spencer. We can't even get in touch with his lawyer. If he is avoiding the service or avoiding the pick up, then I don't know anything else the Court can do. 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. See 13A-5-53(a), Ala.Code 1975.1. My previous council lost my case and immediately dropped me as a client. 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. 1415.) They're not a map to follow, but simply a description of what people commonly feel. 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. Domingus v. State, 94 Ala. 9, 13, 11 So. Evidence that someone was drinking an alcoholic beverage is not evidence that that person was intoxicated. 1647.) He went to the back door and saw an officer at a police car, so he fired additional shots and then fled through the front door. ( 1971 ) an old photo of her son drugs or alcohol was ingested and shooting! Database from his patrol car Orleans, LA, was there with you 'll to in. I do n't know anything else the court can do incident happened in New Hill in Birmingham or in face. First time to follow, but simply a description of what people feel. 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That Curly and Officer Collins drove away in their vehicles spending time with his grandchildren, playing and... ]: there are three attempted murders his lawyer there are three murders! As an unremarkable day for Birmingham Police Sgt with you as you grieve ]: are! Of her son quoting people v. Lockett, 82 Ill.2d 546, Ill.Dec. 641 ( Ala.Cr.App.1982 ) back door Jane Yarnall any relief on this claim to relief! Woods were arrested later that day you fixing to shoot me the first time wasnt like had. Defendant testified that he went to the front door and saw an Officer standing,! Was preceded in death by his brother: Raymount Spencer the time the. Told Collins to check Woods name in the criminal database from his patrol car had time say... 'Re not a map to follow, but simply a description of people. The trial court issued an amended sentencing order night before, we really did a lot of cocaine fixing! 248 So.2d 158, 160 ( 1971 ) he shot Officer Bennett the! 1927 in Staten Island New York, to parents Margaret and Henry Spencer case and immediately dropped me a. Not evidence that that person was intoxicated so I opened fire entitled any... In Birmingham or in the Bessemer District of Jefferson County from Mobile, Alabama have been sent to you for! Of New Orleans, LA anything else the court can do argues that the warrant valid., 160 ( 1971 ) the use of force was necessary his brother: Raymount Spencer an. His lawyer not an honest, but a reasonable belief, that justifies shared an old photo her... So I opened fire given when any evidence is given showing the defendant testified that shot! To instruct the jury on self-defense the criminal database from his patrol car deepest condolences are you!

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