The fact of Thompson's conviction for murdering Crandall was wholly irrelevant to establishing his access to the murder weapon. However, the details of the killing, including the cause of death "as being two gunshot wounds in the head," id. Jerry D. Thompson - Wikipedia The defense closed by cautioning the jury that the State wants to try and bootstrap the events of February 14th, 1991, into scaring you into convicting Jerry Thompson for the events of March 14th. Pointing to Percy's own testimony that he was not always truthful, the defense urged that Percy was a liar who implicated Thompson to avoid prosecution for altering a vehicle identification number and possible culpability for his role in the three killings. 1995) (evidence as to defendant's four prior, convictions for dealing in cocaine should not have been admitted in prosecution for cocaine possession), trans. It also placed Percy himself at each of these crime scenes. One of the defendants had killed the possessor of the car (who apparently had stolen the vehicle himself) before the car was driven from Indiana to Illinois. Because the State was properly allowed to show that Thompson stole the murder weapon from Crandall, whether Crandall actually had a gun similar to that weapon at the time he was killed was also relevant. Without that knowledge it is impossible to conclude what, if any, "validation" of Percy the conviction represents. SHEPARD, C.J., concurs with separate opinion. Because the risk that the jury would draw the "forbidden inference" based on what happened in Henry County is undeniable, the probative value of the extra details of the Crandall murder was substantially outweighed by the danger of unfair prejudice. This discussion of the Crandall murder followed: [W]hen [Percy] came forward to the Police he insisted that he needed to tell them about something that happened in New Castle, Indiana In February of 1991, [Thompson and Percy] went to New Castle, Indiana, to meet a man by the name of Wesley Crandall. Indeed, the State does not contend that these were signature crimes. SHEPARD, C.J., concurs with separate opinion. at 368, 417 N.E.2d at 906. On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. In April 1991, Thompson destroyed all the guns taken from Crandall except the handgun, a second gun also admitted in evidence, and a .22 derringer that was sold to a third party. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir.1987) (in prosecution for unlawful gun possession, recorded conversation between a police informant and the defendant about sale of the gun was properly admitted, but it was error to admit subsequent exchange on the same tape concerning unrelated drug sale). Accordingly, over Thompson's objection, an officer with the New Castle Police Department was allowed to testify that he attended Thompson's trial in Henry County for Crandall's murder, thirty to forty witnesses were called (including Percy), and that the jury convicted Thompson. And, he took Wesley Crandall's guns Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. The pathologist opined that Crandall died from a gunshot wound to the head. The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. Lockhart v. Nelson, 488 U.S. 33, 109 S.Ct. Double Jeopardy Because reversal in this case is due to trial error in the admission of evidence, the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, applicable to the states through the Due Process Clause of the Fourteenth Amendment, See footnote 13 generally does not bar a retrial on the same crimes. Brewer noted that, as in habitual offender proceedings, the death penalty information must be pleaded on a separate page from the charging instrument to shield [the defendant] from the hazard of having the knowledge of his prior criminal record prematurely imparted to the jury.5 Brewer, 275 Ind. Without that knowledge it is impossible to conclude what, if any, validation of Percy the conviction represents. Percy did not testify that Crandall was killed in his presence, only that he assumed Thompson shot him in the head. They have also lived in Phippsburg, ME and Beverly, MA. Next, an evidentiary dispute arose over whether the court's pretrial ruling on, Thompson's motion in limine, allowing the State to introduce "evidence of the obtaining of the weapon," permitted the State to introduce the fact of Thompson's conviction for the Crandall murder. United States v. York, 933 F.2d 1343, 1353-54 (7th Cir. Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. This occurred with the apparent assent of all counsel. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident . Copyright 2023, Thomson Reuters. Stay up-to-date with how the law affects your life. Larry Sells Tells Of The Most Dangerous Man He Has Ever Prosecuted In This cause is remanded for a new trial. A. Lannan v. State, 600 N.E.2d 1334 (Ind.1992). Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. II. There is no doubt that Percy's credibility was critical to the State's case. 1995). Fox v. State, 497 N.E.2d 221, 224 (Ind. doug percy jerry thompson. Rule 404(b) is on the books because evidence of prior crimes is presumptively prejudicial. Although this testimony was admitted only to show that the gun had been in Thompson's possession before the crimes in this case, the State was allowed to elicit significant details of the prior murder and to establish that Thompson was convicted for it. Jerry Thompson & Company, 45927 Cottonwood Hills Dr, Parker, CO (Owned by: Jerry W Thompson) holds a General A license and 1 other license according to the Douglas County license board. The allegedly corroborative evidence here was irrelevant. Rather, he chose to attack Percy's credibility. Pay particular attention to Mr. Percy [W]hen you retire to that Jury Room after evaluating the credibility of Mr. Percy, listening to all the Evidence, you're going to have doubts., When Percy began to testify about the events surrounding the Crandall murder, the defense objected and renewed its contention that this evidence was irrelevant and inadmissible under Rule 404(b). The pathologist opined that Crandall died from a gunshot wound to the head. In sum, the parties and the court concluded before trial that Thompson's access to the murder weapon was relevant to proving that he was the killer. 1993) (holding that improperly admitted evidence of prior acts was not harmless error where the State emphasized the disputed conduct in its opening and closing arguments); James v. State, 622 N.E.2d 1303, 1309-10 (Ind. Percy's credibility was critical to the State's case. Next, an evidentiary dispute arose over whether the court's pretrial ruling on Thompson's motion in limine, allowing the State to introduce evidence of the obtaining of the weapon, permitted the State to introduce the fact of Thompson's conviction for the Crandall murder. Genealogy record of %1. Doug was born in San Jose, California on February 3, 1958. This [is] the gun that came from there. 12. The State then suggested that because the jury in the Crandall murder trial had apparently credited Percy's testimony, the same should be done here: "[Percy] was scrutinized in New Castle and in Henry County, by that Jury; and they returned a conviction . IN Supreme Court Opinions and Cases | FindLaw Doug's military training took place in Hastings. Is proof of that conviction in New Castle, proof of his guilt in this case? The defense argued that the court's pretrial ruling permitted evidence that the gun allegedly used to kill Hillis and Beeler had been taken from Crandall when he was killed, and nothing more. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. And, he took Wesley Crandall's guns. His job was to set up mobile kitchens as the troops pushed forward into France. The only similarity here between the Crandall murder and the Indianapolis killings was the use of firearms to kill the victims (and different guns were used in each crime). Before the trial in this case, Thompson was tried and convicted in Henry County of murdering Crandall. 0. 492, 355 N.E.2d 843 (1976), however, stand for nothing more than what we have already concluded was permissible-a showing, with reasonable factual context, of access to the murder weapon. Bill Percy - Partner - Thompson Dorfman Sweatman | ZoomInfo Douglas (Doug) Jerry Thompson | Obituaries | syvnews.com Cf. Cf. THOMPSON SUFFERED SEVERAL FATAL STAB WOUNDS. Champlain v. State, 681 N.E.2d 696, 702 (Ind.1997). Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. The State maintained that it understood the pretrial ruling on Rule 404(b) to allow evidence of the conviction itself, and that it relied on this interpretation in referring to the conviction in opening arguments. Douglas Percy. He appeals. Lannan, 600 N.E.2d at 1338. . B. By - June 16, 2022. He didn't leave witnesses. The relevance and balancing issues are reviewed for an abuse of discretion. There are 10+ professionals named "Doug Percy", who use LinkedIn to exchange information, ideas, and opportunities. Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? Thompson argues that the trial court erred in admitting the testimony of Columbus, Indiana gun dealer Velma Brown. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. Benton v. Maryland, 395 U.S. 784, 89 S.Ct. Thompson v. State :: 1997 :: Supreme Court of Indiana Decisions Thompson also challenges the testimony of New Castle gun dealer Jeff Vaughn, who testified that in October 1990 he sold Crandall a gun resembling the second gun discussed above. Conclusion The convictions and sentence are reversed. Bill Percy Bill Percy Partner Thompson Dorfman Sweatman LLP 201 Portage Avenue Suite 2200 Winnipeg, MB R3B 3L3 PH: 204.934.2455 FX: 204.934.. collaborativepracticemanitoba.ca Lawyers - Our People | TDS Law The State's closing argument was replete with references to the Crandall murder, to the extent that an uninformed reader would assume that Thompson was being tried for the Crandall murder in this case. 1. Even oblique or apparently innocuous references to prior convictions are impermissible. Family and friends must say goodbye to their beloved Jerry Thompson of Sweetwater, Tennessee, born in Athens, Tennessee, who passed away at the age of 66, on December 2, 2020. As noted, the extraneous Crandall murder evidence was not admissible for this purpose. Jerry Don Thompson - President - Voyager Energy Services - LinkedIn Lila Thompson (1967-1971), Percy Douglas (1984-1988), Shynese Sangster (2002-2006) Control profile. . Percy Femur is a character who appears only in the episodes "Doug Saves Roger", "Doug's Big Feat", and "Doug's Hoop Nightmare".He is the maternal nephew of Mr. The trial court began the voir dire, before any questioning had occurred, by reading both the charging information and the death penalty information to all prospective jurors. That is not the end of the analysis, however. Illinois state police recovered a nine-millimeter handgun from the vehicle that ballistics tests later determined was the weapon used to kill Hillis and Beeler. D. Closing arguments The State lauded Percy in its closing argument as the man who helped solve both the Indianapolis killings at issue here and Crandall's murder a month earlier: [I]n the process of telling the Police Department and other Law Enforcement. Douglas Percy. Such evidence is highly prejudicial. Loveless v. State, 240 Ind. . The email address cannot be subscribed. Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. Hardin v. State, 611 N.E.2d 123, 129 (Ind. Without stating the basis for its ruling, the trial court allowed Featheringill's testimony. Cf. You are here: cape breton post latest obits; david caruso art business; doug percy jerry thompson . at 368, 417 N.E.2d at 906. Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. Leonard v. United States, 378 U.S. 544, 84 S. Ct. 1696, 12 L. Ed. Thompson's access to the gun was an important piece of circumstantial proof increasing the likelihood that he was the killer (or at least not excluding that possibility). 13. When Featheringill was asked about the events in New Castle, the defense objected on hearsay grounds. Jerry Thompson (8,289 matches): Phone Number, Email, Address - Spokeo Mar 3, 2022 Mar 3, 2022; Facebook; Twitter; WhatsApp; SMS; . Facebook gives people the power. 10. The State's fallback position, advanced at oral argument in this Court, is that all evidence related to the Crandall murder was properly admitted because Percy's credibility was under attack. [2] Factual and Procedural History On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. ." The only similarity here between the Crandall murder and the Indianapolis killings was the use of firearms to kill the victims (and different guns were used in each crime). It cannot be expected to make its decision in a void United States v. Moore, 735 F.2d 289, 292 (8th Cir.1984). Counsel contended that the evidence was entirely consistent with Percy's having committed the murders and that his testimony has been bought and paid for, a number of ways and as such is suspect.. On February 14, 1991, he and Thompson went to Crandall's house to buy marijuana. Illinois state police recovered a nine-millimeter handgun from the vehicle that ballistics tests later determined was the weapon used to kill Hillis and Beeler. Brewer v. State, 275 Ind. The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. Evidence is sufficient if the probative evidence and reasonable inferences drawn from the evidence could have allowed a reasonable trier of fact to find the defendant guilty beyond a reasonable doubt. The convictions and sentence are reversed. Although corroboration of collateral facts is sometimes permissible to show credibility, see, e.g., Ind. I. doug percy jerry thompson - edrobd.org 1696, 12 L.Ed.2d 1028 (1964) (per curiam) (conviction reversed because five jurors had been present when the defendant's conviction of a similar charge was announced in open court before the trial); Scott v. Lawrence, 36 F.3d 871 (9th Cir.1994) (in action against prison officials under 42 U.S.C. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind.1996). Access to the murder weapon, particularly where the evidence is circumstantial as in this case, is such a permissible purpose. There is no shortage of decisions reversing convictions due to the erroneous admission of the defendant's prior criminal history, specifically prior convictions. The defense responded that the State was limited by Rule 404(b) to the "least prejudicial" way of proving access to the murder weapon and that Thompson could not be retried for the Crandall murder. One of the aggravating circumstances was Thompson's prior conviction of the murder of Wesley Crandall Jr., discussed in more detail below.4 Although it was proper to inform prospective jurors of the crimes charged, the trial court erred in advising the jury of the death penalty information before the sentencing phase. I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. He appeals. Percy's testimony about the Crandall murder was thus introduced to prove an important element of the State's case-that Thompson had access to the murder weapon before the killings at Hillis Auto Sales. That's what identifies him with being associated with that gun. Id. On a prearranged signal, Percy gave the gun to Thompson, who knocked Crandall down and stated that he thought he had broken Crandall's neck. Police say Jerry Thompson and seven other prisoners were out of their cells for their recreation time Sunday afternoon at the Michigan City facility. Even where a prior criminal act is relevant to a material fact, the potential for unfair prejudice dictates that the evidence of the prior misconduct be limited to that necessary to prove the disputed fact. This occurred with the apparent assent of all counsel. The rules of evidence require courts to guard against exploitation of those details.
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