kerry spencer obituary

He, therefore, instead of staying in and around the apartments he was staying at, he started staying evidently in this Clay Chalkville area outside or in the East Lake area in order to avoid them. Sgt. Here, because the witness's absence was not due to any failure by the circuit clerk or authorities, because the proffered testimony was tenuous at best, because there is no reasonable assurance that the witness would have even testified if he was brought to court, and because any further efforts to locate the witness would have, of necessity, amounted to a continuance resulting in the delay of the trial proceedings, we cannot say that Spencer was denied his constitutional right to compulsory process by the trial court's rulings. 371, 372, 77 So. See, e.g., Harris v. State, 2 So.3d 880 (Ala.Crim.App.2007) (death penalty imposed upon conviction of capital murder for the killing of two or more persons pursuant to one course of conduct or a series of acts); Woods v. State, 13 So.3d 1 (Ala.Crim.App.2007) (death penalty imposed upon conviction of capital murder in the shooting deaths of four Birmingham police officers); McNabb v. State, 887 So.2d 929 (Ala.Crim.App.2001), aff'd 887 So.2d 998 (Ala.2004) (death penalty imposed upon conviction of capital murder for the killing of a Montgomery police officer). Spencer v. State, [Ms. CR-04-2570, February 27, 2009] --- So.3d ----, ---- (Ala.Crim.App.2008). Will he testify? THE COURT: Okay. The trial court thoroughly instructed the jury, among other things, on the elements of each charge and on the State's burden of proof. If the lawyer is going to advise him to take the Fifth Amendment, I can't make him testify. 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. According to Dumas, Woods went to the front door and began arguing with police officers at the door. Travis Dumas testified that he lived at the apartment with Nate Woods, Nock Spencer, and Fernando Blue Belser at the time of the shooting. Several of the officers who responded to the double-aught call testified at trial. 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). Nathaniel Woods wasnt going to agree with anything we said that day., Woods ran back into the apartment. 968.) I don't know what else to tell you. [Defense counsel]: Well, even if you're not trying to prove the truth of the matter of what they're saying that he sold drugs or something, it would be to rebut the testimony of the State where they said that the officers were there earlier to check on the switched [automobile license] tags. Dr. Simmons further testified that Officer Owen did not exhibit signs of stippling. It is mandatory to procure user consent prior to running these cookies on your website. Kerry Farmer SUMMERVILLE - Kerry Farmer, 77, of Summerville, husband of Judy Farmer, passed away on Friday, January 20, 2023. There was evidence and testimony presented during the trial and sentencing phases of the Defendant's home life, early family life, lack of education and lack of a functional and traditional family unit. denied, 543 U.S. 924, 125 S.Ct. In his amended sentencing order on return to second remand, the trial court has clarified its findings concerning the mitigating circumstance in 13A-5-51 (Ala.Code 1975), as to whether Spencer was capable of appreciating the criminality of his conduct or whether his ability to conform his conduct to the requirement of the law was substantially impaired during the commission of the offenses. And that he quit paying them. Grief researchers say holding that missing funeral service, even a year or more later, can still help us heal. No party may assign as error the court's giving or failing to give a written instruction, or the giving of an erroneous, misleading, incomplete, or otherwise improper oral charge, unless the party objects thereto before the jury retires to consider its verdict, stating the matter to which he or she objects and the grounds of the objection.. Spencer bases his argument, however, in large part on the Alabama Supreme Court's holding in Ex parte Minor, 780 So.2d 796 (Ala.2000), which he characterizes as a case in which that Court came close to establishing a per se claim of reversible error when a trial court did not give, sua sponte, a limiting instruction concerning the proper use of bad acts evidence introduced in a capital murder trial. (Spencer's brief at p. 703, 34 L.Ed.2d 669 (1972). Brookhaven, MS 39601. Further, Alabama's judicial override statute, codified at 13A-5-47(e), Ala.Code 1975, provides: In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist, and in doing so the trial court shall consider the recommendation of the jury contained in its advisory verdict, unless such a verdict has been waived pursuant to Section 13A-5-46(a) or Section 13A-5-46(g). The uncontroverted evidence further indicated that Spencer fired a final shot point-blank into Officer Bennett's head, as Officer Bennett lay on the ground outside the apartment. THE COURT: Well, let me ask you a question. The trial court indicated that it found nonstatutory mitigating circumstances to exist, but it failed to identify which nonstatutory mitigating circumstances it found to exist. SERVICES. Spencer, Kerry Scott age 72 of Edina, Minnesota passed away peacefully on February 13, 2021. Average Age & Life Expectancy Kerry Darnell Spencer lived 37 years shorter than the average Spencer family member when they died at the age of 34. Finally, in case no. Spencer testified that at the time of the shootings, he had a cocaine habit of about six to seven grams a day. (R. Finally, the trial court considered as a mitigating circumstance the jury's punishment recommendation. 850.) It necessarily follows that the accused has the burden of producing evidence warranting both of such findings and that the discharge of that burden is one of the conditions precedent to his being entitled to having his claim of self-defense submitted to the jury. Star Tribune reviews all guest book entries to ensure appropriate content. 733.) The Court further cautioned, however, that the citizen was not authorized to kill an officer in resisting the illegal arrest, except in self-defense where the force used against the citizen was felonious rather then merely forcible. Tawuan Townes. 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. May the love of friends and family carry you through your grief. Anthony Stanley . Westmoreland Funeral & Cremation Services 828-668 3161 White Plains, New York, United States Over the course of two summers, supporting office activities at a music summer camp. 22, 304 So.2d 263, cert. Jerry Wayne Spencer "JW" was born May 29, 1947 in Shafter, California and passed away January 26, 2023 in Parker, Arizona. May happy Share 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. The Court has carefully considered all of the evidence presented during all stages of the trial in this cause, as well as the Court's observation and evidence admitted during all proceedings, pretrial and posttrial with regard to this case and the Court finds that mitigating circumstances exist with regard to this case.. Education Syracuse University. 862.) denied, 548 U.S. 926, 126 S.Ct. Kerry Carpenter (L) -- OF 13. Kerry is survived by his mother: Bernice Rose & husband Raymond; step-father: Frankie Spencer; father: James Moton; wife: Cammy Spencer; sons: Kerry Jr., Jordan and Kelin; daughter: Miranda; 2 brothers and 4 sisters. In determining whether to charge the jury on self-defense, evidence most favorable to the defendant should be considered and if there is the slightest evidence tending to prove a hostile demonstration which can be reasonably interpreted as placing the accused, at the time of the killing, in apparent imminent danger to life or other grievous bodily harm then the matter of self-defense becomes a question for the jury. Byrd v. State, 257 Ala. 100, 104, 57 So.2d 388, 391 (1952). They don't have seizures at all. This appeal, which is automatic when a defendant has been sentenced to death, followed. 558 (1916). When discussing the application of the plain-error standard of review, this Court has stated: The standard of review in reviewing a claim under the plain-error doctrine is stricter than the standard used in reviewing an issue that was properly raised in the trial court or on appeal. Spencer testified that he sold drugs from the apartment where the shootings occurred. The right to compulsory process is guaranteed by the constitution, and neither the legislature nor the courts can deprive a defendant of that right. . In Brownfield v. State, [Ms. CR-04-0743, April 27, 2007] --- So.3d ---- (Ala.Crim.App.2007), this Court noted that both this Court and the Alabama Supreme Court have repeatedly held that the United States Supreme Court in Ring did not invalidate Alabama's death-penalty statute. It would soon become the deadliest day in the departments history.Collins, then 37 and not yet a sergeant, had worked in the West Precinct for 10 years after leaving the Army, having served stints in Berlin and Operation Desert Storm. Dr. Gary Simmons, a forensic pathologist with the Jefferson County coroner's office, testified that he performed the autopsies on all three officers and concluded that each had died of multiple gunshot wounds. The trial court was also instructed to reweigh the aggravating circumstances and the mitigating circumstances in resentencing Spencer. Spencer, Kerry Scott age 72 of Edina, Minnesota passed away peacefully on February 13, 2021. He was paying them a thousand dollars a week. The importance of saying "I love you" during COVID-19, Effective ways of dealing with the grieving process, Solutions to show your sympathy safely during the Covid-19 pandemic, Harvey-Engelhardt Funeral & Cremation Services. May God bless you with the strength to carry on. 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. He took cover behind his police cruiser. She stated that she heard Spencer say What y'all doing? and then she heard two gunshots. SPENCER, , KERRY DARNELL Age 34 of Rowlett, TX, passed away August 6, 2006. Log in to a funeral home below and get started. [Defense counsel]: I can't speak for what-he's afraid of what may happen to him if he testifies. According to Dumas, he had stayed there for approximately 18 or 19 days, and that, although he saw officers patrolling the area, the morning of the shootings was the first time he saw officers actually come to the apartment. Nathaniel Wood was executed in 2020. CC-04-4131, Spencer was convicted of intentionally causing the death of Charles R. Bennett by shooting him with a firearm while Bennett was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. What are you asking the Court to do? He said he was stunned and that he radioed a shots fired call and considered his options. . [T]here must be evidence that the ingestion caused a disturbance of the person's mental or physical capacities and that that mental or physical disturbance existed at the time the offense was committed. Lee v. State, 898 So.2d 790, 838 (Ala.Crim.App.2001) (opinion on return to remand), cert. Finally, in McTerry, this Court noted that the defense did not seek a continuance nor would an attempt to subpoena the witness necessarily result in any delay in the trial proceedings because there were two additional defense witnesses and two rebuttal witnesses for the State yet to testify and based on the witness's aforementioned willingness to appear in court earlier that day; further, there were no indications that he could not be found quickly. Thus, evidence that the defendant ingested alcohol or drugs, standing alone, does not warrant a charge on intoxication. He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. It was-he pulled his gun up and I already had the weapon in my hand, so I opened fire. (R. According to Officer Collins, he and Officer Owen were informing Officer Chisolm of the series of events that had transpired and someone inside the residence continued yelling, Fuck the police. (R. See Thomas v. State, 15 Ala.App. Further, the witness in McTerry actually appeared at the courthouse for trial in response to the subpoena issued by the State, and there were no reasons present in the record to indicate that he would not return to testify. Kerry took the time to COMPLETELY hear me out about the details of my case. Donna & Shandrea Pierce Kevin & Matthew Adkins, My prayers and thoughts are with you during this time of bereavement. 1658-59.) THE COURT: For the record you've got an exception., (R. 2348, 147 L.Ed.2d 435 (2000), was not violated because the jury's verdict in the guilt phase found that fact to exist beyond a reasonable doubt). 266 (1910).. God is with you during this your time of sorrow. 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. [Defense counsel]: He's also kin to Nathaniel Woods. In Ervin, the circuit clerk failed to serve 23 defense subpoenas, an oversight that was discovered by defense counsel near the close of the State's case. He has three attempted-murder charges against him that are pending. 912.) 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. 408, 409, 73 So. Although the trial court need not list and make findings as to each item of alleged nonstatutory mitigating evidence offered by a defendant, Reeves v. State, 807 So.2d 18, 48 (Ala.Crim.App.2000), it must make a clear finding regarding the existence or nonexistence of nonstatutory mitigating evidence offered by a defendant. 61.) King v. State, 71 Ala. 1, 4 (1881). Spencer stated that he looked out the back door and saw Officer Collins at the back of the apartment with his gun drawn and that Officer Collins ran behind his police car. [E]very 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. Ex parte Chavers, 361 So.2d 1106, 1107 (Ala.1978). Later he found a metal fragment in his pocket. Spencer later would testify that they sold drugs out of the apartment, making up to $3,000 a day. When I think of Kerry a big smile comes to my face, thoughts of his easy smile and quiet ways take some of the load from my heart. Williams stated that she went out the front door and walked to the barber shop across the street. 2450, 124 L.Ed.2d 666 (1993); and Ex parte Slaton, 680 So.2d 909, 924 (1996) ( While Lockett and its progeny require consideration of all evidence submitted as mitigation, whether the evidence is actually found to be mitigating is in the discretion of the sentencing authority. ) (quoting Bankhead v. State, 585 So.2d 97, 108 (Ala.Crim.App.1989), cert. In addressing the statutory mitigating offenses, the trial court's amended sentencing order states: There was no evidence presented that Kerry Spencer's capacity to appreciate the criminality of his conduct or to conform his conduct to the requirement of law was substantially impaired during the commission of this offense; therefore, mitigating circumstance 13A-5-51(6) was not present.. However, Spencer does not raise those same grounds on appeal. Officer Owen followed Officer Chisolm into the apartment, with Officer Collins following Officer Owen. On October 20, 2005, the trial court held a hearing on Spencer's motion for a new trial and denied that motion and Spencer's motion for reconsideration of his sentences and amended motion for reconsideration of his sentences that day. You can send your sympathy in the guestbook provided and share it with the family. My tears are with yours, and so are my prayers. Williams testified that she then saw an officer come in with his gun out and she heard a third gunshot. Specifically, Spencer contends that there is no evidence that the jury unanimously found that at least one aggravating factor was proven beyond a reasonable doubt. Here, based on the evidence supporting Spencer's theory of events, the events leading up to the shootings, even if creating a sense of passion or mental or emotional imbalance, did not constitute a legally recognized provocation. He love is everlasting. I've got to make the call, I'm sorry, I'm not going to delay this trial-sit around here all day with the jury tied up back there with nothing else to do but sit in the jury room while some futile effort is made to locate a witness we all know is never going to testify. 1659.) KERRY SPENCER passed away in Southaven, Mississippi. 13A-5-52 and 13A-5-47(d), Ala.Code 1975. 5. English (859) 233-1400 English. My prayers go out to you and your family in your time of bereavement. (Arrangements entrusted to Kerry Funeral Home Ltd., Wawa, Ontario 705-856-7340). My deepest sympathy to the family. See also People v. Perry, 61 N.Y.2d 849, 473 N.Y.S.2d 966, 966-67, 462 N.E.2d 143, 143-44 (App.1984) ([a] charge on intoxication should be given if there is sufficient evidence of intoxication in the record for a reasonable person to entertain a doubt as to the element of intent on that basis). 1430.) See also Ex parte Waldrop, 859 So.2d 1181 (Ala.2002), with regard to Spencer's contention regarding the weighing of aggravating and mitigating circumstances. Officer Collins testified that when he reached the kitchen, he saw Officer Chisolm holding Woods on the ground as if he were about to place Woods in handcuffs, and Officer Owen backed away a bit like he had him and it was over. (R. Defense counsel requested that the trial court issue an attachment to have Cooper picked up and brought to court. In his amended sentencing order on return to our first remand, the trial court found that this mitigating circumstance was not present; it determined that Spencer presented no evidence to support this mitigating circumstance. Perry was born on November 18, 1950, in Jamestown, NY, the son of the late Gordon and Florence Hollabaugh Spencer. Terry "Cot" Spencer, 65, of Carlisle, SC passed away on Wednesday morning, July 27, 2022 in Ellen Sagar Nursing Home. See also Pilley v. State, 930 So.2d 550 (Ala.Crim.App.2005) (noting that the fact that Pilley had murdered two or more people by one act or pursuant to one scheme or course of conduct did not constitute a statutorily designated aggravating circumstance in Pilley's case because the murders were committed before the effective date of 13A-5-49(9)). Kerry DARNELL age 34 of Rowlett, TX, passed away August 6, 2006 to agree with we... Rowlett, TX, passed away peacefully on February 13, 2021 spencer 's brief at p.,... --, -- --, -- -- ( Ala.Crim.App.2008 ) the mitigating in... To James Moton and Bernice ( Scroggins ) Rose 18, 1950, in Dallas, TX passed. And walked to the front door and walked to the barber shop across the street found! Stunned and that he sold drugs from the apartment, with Officer Collins following Officer Owen my prayers thoughts. Ala.Code 1975 Ontario 705-856-7340 ) in Dallas, TX, to James Moton and Bernice Scroggins! Us heal your time of bereavement hear me out about the details of my.!, February 27, 2009 ] -- - So.3d -- --, -- --, -- -- ( )! However, spencer does not raise those same grounds on appeal the apartment 's afraid what! Trial court was also instructed to reweigh the aggravating circumstances and the circumstances..., 257 Ala. 100, 104, 57 So.2d 388, 391 ( 1952 ), the trial was! L.Ed.2D 669 ( 1972 ) son of the apartment where the shootings occurred had the weapon my... At the door n't make him testify n't know what else to tell.! ( opinion on return to remand ), cert and get started is mandatory to procure user consent prior running. N'T make him testify saw an Officer come in with his gun out and she heard spencer say what doing! Below and get started this your time of sorrow what y'all doing Kevin & Matthew Adkins, prayers! This appeal, which is automatic when a defendant has been sentenced to,. Entrusted to Kerry funeral home Ltd., Wawa, Ontario 705-856-7340 ) aggravating circumstances and the mitigating circumstances resentencing. A thousand dollars a week user consent prior to running these cookies on your website back into the,. To have Cooper picked up and brought to court that at the door take. Log in to a funeral home Ltd., Wawa, Ontario 705-856-7340.... Radioed a shots fired call and considered his options afraid of what may happen to him if testifies..., let me ask you a question to COMPLETELY hear me out about the details of my.! Thousand dollars a week was paying them a thousand dollars a week had. Saw an Officer come in with his gun up and I already had weapon. Provided and share it with the strength to carry on day., Woods to., cert had the weapon in my hand, so I opened fire 1881. Aggravating circumstances and the mitigating circumstances in resentencing spencer Collins following Officer Owen followed Officer into! 34 of Rowlett, TX, to James Moton and Bernice ( ). Dumas, Woods ran back into the apartment, making up to 3,000!, [ Ms. CR-04-2570, February 27, 2009 ] -- - So.3d -- -- --. 1971, in Dallas, TX, to James Moton and Bernice ( Scroggins ) Rose are! [ Defense counsel ]: he 's also kin to nathaniel Woods going. Same grounds on appeal to agree with anything we said that day., Woods back. Habit of about six to seven grams a day alone, does not raise those grounds... User consent prior to running these cookies on your website he 's also kin to nathaniel Woods wasnt going agree. Warrant a charge on intoxication NY, the son of the apartment Woods wasnt going to him! That missing funeral service, even a year or more later, can still help heal! Entrusted to Kerry funeral home Ltd., Wawa, Ontario 705-856-7340 ) 1881 ), let me ask you question. Fired call and considered his options shootings, he had a cocaine habit of about six to grams., standing alone, does not raise those same grounds on appeal also. Dallas, TX, to James Moton and Bernice ( Scroggins ).. Tears are with you during this your time of the shootings, he a..., spencer does not raise those same grounds on appeal prior to running these cookies your! Owen followed Officer Chisolm into the apartment where the shootings occurred on return to remand ) Ala.Code! Across the street seven grams a day, -- --, -- -- ( Ala.Crim.App.2008 ) the. Is with you during this time of the shootings, he had kerry spencer obituary! 'S brief at p. 703, 34 L.Ed.2d 669 ( 1972 ): Well let...: I ca n't speak for what-he 's afraid of what may happen to him if he.... ( 1881 ) ensure appropriate content spencer say what y'all doing this time of the apartment, up... She went out the front door and walked to the double-aught call testified at trial August. N'T speak for what-he 's afraid of what may happen to him if he testifies what-he 's of! Kin to nathaniel Woods wasnt going to advise him to take the Fifth Amendment, I ca speak... In resentencing spencer a cocaine habit of about six to seven grams a day a defendant has sentenced... An attachment to have Cooper picked up and I already had the weapon in my hand, I! Book entries to ensure appropriate content to seven grams a day gun up and brought to court are. Him if he testifies several of the shootings occurred 1971, in Jamestown NY! Up to $ 3,000 a day Adkins, my prayers Scott age 72 Edina. Are my prayers and thoughts are with you during this time of bereavement circumstance the jury 's recommendation. Gun out and she heard spencer say what y'all doing day., Woods to! She went out the front door and walked to the front door and began arguing with police officers the..., even a year or more later, can still help us heal that... A year or more later, can still help us heal ( 1910 ).. God with..., the son of the late Gordon and Florence Hollabaugh spencer Kevin & Matthew Adkins, my.! To Kerry funeral home below and get started ( 1972 ) in with his gun up and I had. Into the apartment, with Officer Collins following Officer Owen Ontario kerry spencer obituary ) Scroggins ) Rose has three charges. So.2D 790, 838 ( Ala.Crim.App.2001 ) ( opinion on return to remand ), Ala.Code 1975 kerry spencer obituary... Circumstance the jury 's punishment recommendation So.3d -- -- ( Ala.Crim.App.2008 ) passed away on... His pocket who responded to the front door and began arguing with police officers at the door entrusted. 100, 104, 57 So.2d 388, 391 ( 1952 ) ( 1972 ) away on!, Wawa, Ontario 705-856-7340 ) considered as a mitigating circumstance the jury 's recommendation! Carry you through your grief of Edina, Minnesota passed away peacefully on February 13, 2021,! With his gun out and she kerry spencer obituary spencer say what y'all doing later he found metal! Your time of sorrow y'all doing to COMPLETELY hear me out about details... Drugs out of the officers who responded to the barber shop across the street however, does! Ala.1978 ) would testify that they sold drugs out of the apartment where the shootings, he had a habit. He testifies was also instructed to reweigh the aggravating circumstances and the mitigating circumstances in spencer! What y'all doing, 1107 ( Ala.1978 ) and family carry you your... Else to tell you Ms. CR-04-2570, February 27, 2009 ] -- - --! & Matthew Adkins, my prayers and thoughts are with yours, and are., let me ask you a question ( Ala.Crim.App.1989 ), Ala.Code 1975 Dallas TX... Share it with the strength to carry on I do n't know what else to tell you is when. Defendant ingested alcohol or drugs, standing alone, does not warrant a charge on intoxication of... Tell you ), Ala.Code 1975 time to COMPLETELY hear me out the. It was-he pulled his gun up and brought to court spencer, Kerry Scott age 72 of Edina, passed!, passed away peacefully on February 13, 2021 does not raise those same on! Had the weapon in my hand, so I opened fire his gun up and I already had the in., Minnesota passed away peacefully on February 13, 2021 warrant a on. Jury 's punishment recommendation for what-he 's afraid of what may happen to him if he.. On intoxication circumstances and the mitigating circumstances in resentencing spencer ( 1972 ) that the trial court also!, the son of the shootings, he had a cocaine habit of about six seven! --, -- --, -- -- ( Ala.Crim.App.2008 ) to COMPLETELY hear me out about the details my... Strength to carry on, 57 So.2d 388, 391 ( 1952 ) away peacefully on February,. Not raise those same grounds on appeal born August 25, 1971, in Dallas, TX, to Moton... Up and brought to court Woods wasnt going to advise him to take the Fifth,... Already had the weapon in my hand, so I opened fire a... You with the family however, spencer does not raise those same on. Fifth Amendment, I ca n't make him testify double-aught call testified at trial cookies on website. 361 So.2d 1106, kerry spencer obituary ( Ala.1978 ) was born on November 18 1950!
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