1415.) [Defense counsel]: One, to make a determination if the last May 25 subpoena has been served at Pearson Hall. He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. AFFIRMED AS TO CONVICTIONS; REMANDED WITH DIRECTIONS AS TO SENTENCING. The state contends that the appellant's motion for a subpoena amounted to a motion for a continuance. He has three attempted-murder charges against him that are pending. 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. We are sad to announce that on October 7, 2021, at the age of 65, Kerry Donald Spencer (Fort Myers, Florida) passed away. Dr. Simmons further testified that Officer Owen did not exhibit signs of stippling. This Court continued, stating: We note that the court's duty to issue subpoenas on an accused's behalf does not require the court to grant a motion for a continuance or a motion for an attachment. He is survived by. A person may not use physical force to resist a lawful arrest by a peace officer who is known or reasonably appears to be a police officer.. . Oct 1932 - Apr 2020. Dumas testified that he was awakened that morning by a bang on the front door. 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. He was such a warm and welcoming man. 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. Officer Chisolm's service weapon was discovered near his body and his can of Mace was discovered on the floor near the wall of the kitchen. Sgt. Police watchdog called in Guelph 5:57 pm - 3,689 views; Airline ticket scam Toronto 4:19 pm - 9,735 views; Injured, charged in shootout Alberta 4:08 pm - 8,562 views; More Canada News 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. 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. BASCHAB, P.J., and SHAW, WISE, and WELCH, JJ., concur. View Perry Spencer's obituary, contribute to their memorial, see their funeral service details, and more. [Defense counsel]: He's also kin to Nathaniel Woods. Officer Terrance Hardin testified that before entering the apartment, he secured the SKS assault rifle in a patrol car and then joined the other officers in entering the apartment. And so you have this random discharge. No. I am greatful to have shared fond memories of high school with Kerry and Cammy. While it is not required that where a person is menaced he must wait until a weapon is presented ready for deadly execution, yet the danger must be real or so manifestly apparent as to create a reasonable belief of presently impending peril to life or limb. He stated that he went to the front door and saw an officer standing there, so he shot him as well. [Assistant defense counsel]: There are three attempted murders. Thats when it hit me I should be dead, he said in 2005. Officer Collins stated that his holster was damaged during the shooting, that he had a hole in his pants, that he sustained a wound in his leg, and that he later found a metal fragment in his pants pocket. 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. The obituary was featured in The. On October 5, 2005, Spencer filed a motion for a new trial. The trial court cited several reasons for overriding the jury's recommendation. It is always difficult saying goodbye to someone we love and cherish. (R. Receive obituaries from the city or cities of your choice. Audra Tieara,Allegra & Joseph Antwine/Johnson. She was described as a real doll. Here, the murders were committed years after the effective date of 13A-5-49(9). An independent weighing of the aggravating and mitigating circumstances indicates that death is the proper sentence. 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. He stated that when they arrived, he saw one individual run back inside the apartment and that Woods was standing at the screen door. In Ex parte Johnson, however, the Alabama Supreme Court, in distinguishing the facts in Johnson from the facts in Snyder and Minor, stated: It is contradictory and inconsistent to allow, on the one hand, evidence of Johnson's prior bigamy conviction and prior bad acts as substantive evidence of the offense with which she was charged, yet, on the other hand, to require a limiting instruction instructing the jury that it cannot consider the evidence as substantive evidence that Johnson committed the charged offense. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. That was the first time I saw him. Spencer testified that he told Nate they could not sell any drugs that day because of the increased scrutiny from the officers. Bennett, still out in the front of the building, said over the police radio: They are coming out the front. Collins wasnt able to go to the front door through the apartment because Woods, Chisholm and Owen were blocking the doorway. denied, 288 Ala. 748, 265 So.2d 192, cert. 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. Funeral: 2 Mar 2020, Narberth. Thus, as in Sneed, we conclude that the trial court did comply with the principles espoused in Ex parte Taylor and Ex parte Carroll in overriding the jury's recommendation. He is preceded in death by Father Jack Spencer, Mother Joyce Spencer, Sister Debra and Brother Brian. He stated that Curly was always harassing them. 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.. May God bless you with the strength to carry on. About Us; Staff; Camps; Scuba. Will he testify? The evidence from trial showed that the defendant ran out the back door of the apartment as he fired at Officer Collins as he took cover behind his patrol car. There is no indication that the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor. Interment will follow in Rest Haven Memorial Park. English (859) 233-1400 English. (Arrangements entrusted to Kerry Funeral Home Ltd., Wawa, Ontario 705-856-7340). Spencer testified that in response to that statement, Nate told Curly that he had no reason to be at the apartment and for him to get the fuck on off the property. (R. I really wish my neice, his sister, Tricia, was there with you'll to celebrate in his homegoing. I will continue to lift this family in prayer. On cross-examination, the following exchange occurred: [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? THE COURT: How long do you think I can sit around and wait? Finally, Spencer argues that the jury-verdict-override sentencing scheme of Alabama's capital-murder statute is unconstitutional for a number of reasons. 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. 1682.) 740, 743, cert. They called Chisholm to the back to bring the warrant and photo. A number of officers canvassed the neighborhood after failing to locate the suspects in their initial search of the apartment. Authorize the publication of the original written obituary with the accompanying photo. We didnt know for sure 100 percent that it was him, so we had to get the picture, Collins said in a 2005 interview. JUST KNOW THAT YOU ARE NOT ALONE. A 1991 graduate of Tarrant High School. Kerry Jane Hooper (nee Spencer) Mar 1961 - Jan 2019. I will always remember you as the awesome football player with the great personality! A neighbor came over and told them to stop the nonsense and persuaded Owen to put his badge back on. All rights reserved. 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. Kerry Spencer had taught her kids to baby sign before they could speak so they could communicate while they were infants. FAQ. Both Nathaniel Woods and Kerry Spencer were arrested, convicted and sentenced to death. This is number nine. Spencer next argues that the trial court erred in refusing to instruct the jury on self-defense. CC-04-4130, Spencer was convicted of intentionally causing the death of Harley A. Chisolm III, by shooting him with a firearm while Chisolm was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. They are dying. 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 In CC-04-4129, the jury recommended, by a vote of 9 to 3, that Spencer be sentenced to life imprisonment without the possibility of parole; in CC-04-4130, the jury recommended, by a vote of 10 to 2, that Spencer be sentenced to life imprisonment without parole; in CC-04-4131, the jury recommended, by a vote of 9 to 3, that Spencer be sentenced to life imprisonment without parole; and in CC-04-4383, the jury recommended, by a vote of 7 to 5, that Spencer be sentenced to life imprisonment without parole. 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. 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. 1719.) That's why he is going to take the Fifth Amendment. Woods and Kerry Spencer were convicted of capital murder and sentenced to death in the slayings of the three Birmingham officers that rocked Alabama's largest city that year. Does [Cooper] have pending criminal charges at this time? 627, 634, 74 So. Spencer next argues that the trial court erred in not issuing an instanter subpoena to compel the presence of defense witness Tyran Bubba Cooper. 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. Markesha Williams testified that she had been at the apartment the night before the shootings and both times the officers came to the apartment on the day of the shootings. 41-42.) May God bless you and your family in this time of sorrow. According to Williams, Spencer had a big gun that he had been carrying that day and the gun was near him while he slept. He love is everlasting. Write your message of sympathy today. Donna & Shandrea Pierce Kevin & Matthew Adkins, My prayers and thoughts are with you during this time of bereavement. 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. 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. On direct examination, Dr. Simmons testified as follows: [I]t's likely-in my opinion, you can't say absolutely, but it's likely he would have been immobilized right when he sustained [the gunshot wound to the torso]. (R. Although there was evidence that the appellant had been drinking beer on the day of the robbery-murder, there was no evidence concerning the quantity of beer he consumed that day at the time of the murder. [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. Spencer testified that Nate went to the front door and engaged in a discussion with an officer. Terry Spencer Obituary, Death - Visitation & Funeral Plans - Death-Obituary.com Terry Spencer Obituary, Death - Terry Spencer, a teacher at Sto-Rox Upper Elementary School has passed away, the full obituary is currently unavailable. What kind of arrangement is appropriate, where should you send it, and when should you send an alternative? King v. State, 595 So.2d 539 (Ala.Cr.App.1991); Kennedy v. State, 472 So.2d 1092 (Ala.Cr.App.1984). . [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. [Spencer] testified about his education, having completed the tenth grade. make a charitable donation in a loved ones memory, plant memorial trees in a loved ones name. These circumstances are to be ascertained by the jury Oliver v. State, 17 Ala. 587, 599 (1850). To plant Memorial Trees in memory of Perry Calvin Spencer, please click here to visit our Sympathy Store . And that he quit paying them. See, e.g., Stallworth v. State, 868 So.2d 1128 (Ala.Crim.App.2001) (opinion on return to remand) (if the aggravating circumstance that elevated the punishment to death was also an element of the capital offense, Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. The family will receive friends Thursday evening at the funeral home from 6:00 to 8:00pm. The penalty phase of the trial was conducted before the jury. 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. 99-403, Ala. Acts 1999, the Alabama Legislature amended 13A-5-49, Ala.Code 1975, to include, among other things, 13A-5-49(9), which provides as a statutory aggravating circumstance that [t]he defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct. In Ex parte Stephens, 982 So.2d 1148 (Ala.2006), the Alabama Supreme Court indicated that an instruction that a guilty verdict on the capital offense set out in 13A-5-40(a)(10) (two or more persons) established the existence of that statutory aggravating circumstance when the offense was committed on or after the September 1, 1999, effective date of the legislative amendment to the statute. 24; Cosby v. State, 269 Ala. 501, 114 So.2d 250. Payne v. State, 48 Ala.App. Grief researchers say holding that missing funeral service, even a year or more later, can still help us heal. Food has always been a go-to for people in mourning. 727.) 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. The trial court denied Ervin's motion for a mistrial and instead ordered the clerk to prepare instanter subpoenas for the trial court to issue to attempt to secure the missing defense witnesses. Kerry Spencer was sentenced to death and remains on Alabama Death Row for the murders of three police officers. Although the trial court is not required to specify in its sentencing order each item of proposed nonstatutory mitigating evidence offered that it considered and found not to be mitigating, Williams v. State, 710 So.2d 1276, 1347 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), in order for this Court to conduct its review of the death sentence, the trial court must specifically identify in its sentencing order those nonstatutory mitigating circumstances that it did find to exist.. It is solely for the jury to determine whether any particular inference that may possibly be drawn from given facts is or is not a reasonable inference, and not for the court to substitute its judgment for theirs in passing upon the character of inferences afforded by the evidence. Domingus v. State, 94 Ala. 9, 13, 11 So. He has a legal right to invoke the Fifth Amendment if his lawyer advises him to do that. Jimmy O'Neal Spencer. Spencer v. State, [Ms. CR-04-2570, April 4, 2008] --- So.3d ---- (Ala.Crim.App.2008). . 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. Gunfire erupted. He was preceded in death by grandparents Rollin and Lucille Sellers and Raymond Allison. German government ministries run by the Green Party emit by far the most CO2 when it comes to government flights. Officers discovered an SKS assault rifle outside the front door of the apartment, and a number of weapons in plain view in assorted rooms of the apartment. Generally, where there is evidence of intoxication and the charged offense involves specific intent, such as capital murder, the trial court should instruct the jury on the lesser-included offense of manslaughter. denied, 293 Ala. 768, 304 So.2d 268 (1974); Sterrett v. State, 31 Ala.App. ), aff'd 758 So.2d 81 (Ala.1999). Learn more about FindLaws newsletters, including our terms of use and privacy policy. Information and advice to help you cope with the death of someone important to you. They're not a map to follow, but simply a description of what people commonly feel. SPENCER, Keith Wilbur - Born July 25, 1938, Keith passed away peacefully, surrounded by his family on Monday, August 5, 2019. . renato's palm beach happy hour Uncovering hot babes since 1919. OB6 Obituaries, Notices. 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. Our thoughts and prayers are with you and your family during this difficult time. It was Dr. 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 that as he lay dying, the defendant shot Officer Bennett point blank in the face, the bullet passing through his brain. Perry Lee Spencer, 71, of Pittsfield, PA, passed away at the Millcreek Community Hospital in Erie, PA on Tuesday, January 4, 2022, following a recent illness. I don't know what else to tell you. He said he had bought the SKS the day before, and had even test-fired it the previous night. Put all of this on the record? 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. THE COURT: Well, let me ask you a question. As with the two above-discussed portions of the amended sentencing order, what weight and credibility to assign the evidence rests with the trial court. What are you asking the Court to do? Message Get Directions. This belief that the assailant is going to use unlawful deadly physical force must be both honestly entertained and reasonable. You have funeral questions, we have answers. Spanish. However, the court should charge on voluntary intoxication only when there is a sufficient evidentiary foundation in the record for a jury to entertain a reasonable doubt as to the element of intent. These cookies will be stored in your browser only with your consent. [Defense counsel]: New Hill. I knew it wasnt Nathaniel, and I was like, Who the hell is that? , Spencer continued to fire. Therefore, Spencer is not entitled to any relief on this claim. Officer Collins stated that the individual told Officer Owen, [Y]ou hide behind that badge and gun. KERRY SPENCER passed away in Southaven, Mississippi. I can understand why you wouldn't. Therefore, we conclude that the circuit court complied with both Ex parte Taylor and Ex parte Carroll in overriding the jury's recommendation.. 721 Smith Rd. His search showed Woods was wanted on a misdemeanor charge out of Fairfield, accused of beating up his girlfriend. Prepare a personalized obituary for someone you loved.. September 6, 1956 - 912.) See also Raines v. State, 455 So.2d 967, 974 (Ala.Cr.App.1984)., 599 So.2d at 74 (emphasis added). SERVICES. Other times people just die and they don't have any seizures at all. Star Tribune reviews all guest book entries to ensure appropriate content. 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. Mon Feb 27 2023 - 05:00. So they are there in the house legally. THE COURT: I don't know that he was served. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Funeral: 12 Feb 2019, Cheltenham. 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. [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. denied, 524 U.S. 929, 118 S.Ct. OBITUARY Kerry Spears, Jr. closed the final chapter of his earthly life on Tuesday, August 30, 2022, at the age of 31. They are irritated. He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. 1619.) [Defense counsel]: I do object, for the record. Log in to a funeral home below and get started. [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. Defense counsel requested that the trial court issue an attachment to have Cooper picked up and brought to court. Kerry Smith cause of death and manner of death was not disclosed to the public at the time of this publication. However, in light of the many levels of judicial scrutiny ahead in this case, we conclude it proper to ask the trial court to clarify its sentencing order as to this point on remand. 1691.) My previous council lost my case and immediately dropped me as a client. This category only includes cookies that ensures basic functionalities and security features of the website. 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). 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. This was the sum total of the non-statutory mitigating evidence offered by [Spencer]. We remanded the case to the trial court to clarify its findings concerning the nonstatutory mitigating circumstances and the judicial override of the jury's advisory verdict of life imprisonment without parole. Officer Collins testified that he heard additional gunfire as he was taking cover behind his automobile and that bullets were striking his vehicle. Funeral arrangement under the care ofHarvey-Engelhardt Funeral & Cremation Services. Please accept Echovita's sincere condolences. Doyle Cox, age 84 of Boone and the Westhaven Community, passed away on Wednesday, February 22, 2023 at the Westhaven Community. 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. Here, however, Spencer did not bring Cooper's absence to the trial court's attention until shortly before the close of the defense's case. ', Collins moved toward the apartment, but Butler blocked him. These cookies do not store any personal information. However, [t]he reasonableness of an apprehension of death or great bodily injury is a question of fact for the jury. F. Wharton, The Law of Homicide, 287 at 462 (3d ed.1907). Bill is survived by his wife, Sherry Spencer; children, Scott Spencer of Yachats, Holly Spencer of Oregon City and Craig Spencer of West Linn; stepchildren, Lisa Peterson of West Linn, Nels Peterson of Baton Rouge . The Health and Information and Quality Authority (HIQA) began an unannounced two-day inspection at the hospital yesterday. 900, 903, 413 N.E.2d 378, 381 (1980).. denied, 526 U.S. 1133, 119 S.Ct. 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. Kerry joint-manager Declan Quill says his team have a target on their backs after they booked their place in the Lidl NFL Division 1 final thanks to another fantastic win . Doyle Norman Cox was born on May 7, 1938 in Boone, the son of Woodrow and Alice (Staley) Cox. The question as to whether or not the circumstances in which the parties were at the time the fatal blow was stricken were such as to impress a reasonable man that the defendant was in imminent danger of losing his life or suffering great bodily harm, and whether or not the defendant entertained such belief were inferential facts to be drawn by the jury. Kennedy v. State, 240 Ala. 89, 91, 196 So. According to Spencer, Curly took off his badge and told them to come out, to which Nate responded that they were not stupid, at which time Carolyn Slaughter walked over to Curly and intervened, telling Curly to stop acting like that and to put his badge back on. Additionally, the initial arguments were between Woods and officers; Spencer willingly joined in the verbal jousting, and again continued his verbal sparring with a second officer even though the first officer had, according to Spencer, made threatening comments. However, in our first opinion remanding this case, this Court had noted that there was evidence at trial that Spencer had ingested cocaine, Seraquel, and alcohol on the morning of the shootings, and that the State had requested a jury instruction as to the level of intoxication required to negate specific intent to kill. 408, 73 So. (Emphasis added.) The State contends that the facts here are sufficiently different than those in McTerry and Ervin, and, therefore, that there is no error fatal to the convictions in the present case in not issuing an instanter subpoena to compel Cooper's presence at trial. Obituary. Officer Collins testified that after receiving confirmation that the warrant was valid, he and Officers Owen, Bennett, and Chisolm returned to the apartment to serve the arrest warrant on Woods. 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. (Emphasis added.) He stated that shortly after he test-fired the weapon, there was a disturbance involving some women, so he got the SKS and fired it into the air a number of times to break up the dispute. 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.