Thompson and Percy had the first two guns with them when they were detained by Illinois police in June 1991.See footnote 7, On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. What particular parts of this mass might be fair rebuttal will, of course, depend on how the two parties elect to shape the presentation of their principal cases. Indeed, the prohibition on use of prior misconduct to prove a criminal charge is "a basic tenet of criminal evidence law older than the republic itself . III. Doug's military training took place in Hastings. Bowen v. State, 680 N.E.2d 536, 540 (Ind.1997) (improper comments about defendant's criminal background did not require reversal because evidence independently supported conviction for burglary); United States v. Burke, 948 F.2d 23, 28 (1st Cir.1991) (erroneous admission of extrinsic acts was harmless because there was strong properly admitted evidence of guilt and prosecutor did not embellish upon the incident). 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. BOEHM, Justice. That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. Jerry K. Thompson was convicted of two counts of murder,1 two counts of robbery,2 and one count of carrying a handgun without a license.3 The trial court sentenced Thompson to death for the murders and imposed a term of years for the other convictions. 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 Jerry is related to Virginia Ann Thompson . There is no shortage of decisions reversing convictions due to the erroneous admission of the defendant's prior criminal history, specifically prior convictions. If the extraneous details of the killing were inadmissible in Ostrowsky-a case involving car theft-the prejudice to Thompson in a second murder prosecution is an a fortiori case. The defense asked jurors to "think about what somebody's got to gain when they testify. We first examine what went on in the trial court. 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. Ct. App. 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). The exception's rationale is that the crimes, or means used to commit them, were so similar and unique that it is highly probable that the same person committed all of them. Thompson's contention is meritless. . Two witnesses -- the forensic pathologist and Percy's friend Mike Featheringill -- testified to how Crandall died. Inexplicably, Featheringill was also permitted to relate Percy's account of an execution style shooting.10 The fact that Crandall was killed, and how that occurred, was potentially as prejudicial as any fact can be and had no bearing on whether Thompson stole the murder weapon from Crandall that day. The Seventh Circuit held that the fact that the possessor had been killed was admissible to prove his lack of consent to the transfer of possession and, therefore, that the car had been stolen from him. Ct. App. The State again argued that Percy's decision to come forward led to Thompson's conviction for Crandall's murder and the release from jail of two men who had initially pleaded guilty to that crime. There is no doubt that Percy's credibility was critical to the State's case. The State also claims that any prejudice to Thompson was offset by a limiting instruction to the jury to constrain its consideration of prior acts to the issue of identity. Lockhart v. Nelson, 488 U.S. 33, 109 S.Ct. cuando tu pareja te miente frases virginia rockhounding map doug percy jerry thompson. In closing, the State described the undoing of the apparently wrongful conviction of the two men as the beginning of a "circle of justice" that could be closed if the jury returned with a conviction in this case. Vaughn's testimony was irrelevant because the second gun was not alleged to have been used to commit the murders in this case, but Thompson does not explain how Vaughn's testimony prejudiced him. Indeed, the jury could have convicted Thompson on Percy's testimony alone. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. And, he took Wesley Crandall's money that was there, and the marihuana. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. This occurred with the apparent assent of all counsel. 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. On February 14th, 1991, Wesley Crandall, Junior, was murdered in his home in New Castle. Is proof of that conviction in New Castle, proof of his guilt in this case? See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir. Percy testified that Thompson shot Crandall. Copyright 2023, Thomson Reuters. 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. Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. The convictions must be reversed because a "fair trial is required for every defendant, regardless of his apparent guilt or the magnitude of the crimes he may have committed." Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. 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. As the Eighth Circuit put it in rejecting a Federal Evidence Rule 404(b) challenge: A jury is entitled to know the circumstances and background of a criminal charge. That is not the end of the analysis, however. More importantly, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. A forensic pathologist who testified as to the causes of death of Hillis and Beeler was coincidentally the same doctor who performed Wesley Crandall's autopsy. When shown the handgun allegedly used to kill Hillis and Beeler, Percy testified that it looks like the one [Thompson] always carried, and that it resembled one of the guns that was taken from Crandall's house. The list of "other purposes" in the Rule is not exhaustive; extrinsic act evidence may be admitted for any purpose not specified in Rule 404(b) unless precluded by, the first sentence of Rule 404(b) or any other Rule. You already receive all suggested Justia Opinion Summary Newsletters. The allegedly corroborative evidence here was irrelevant. Far more importantly what somebody has to lose. 1. As of July 1, 2006 Home Page| In this review, we do not reweigh evidence or assess the credibility of witnesses. For example, in United States v. Ostrowsky, 501 F.2d 318 (7th Cir.1974), the defendants were charged with concealing a stolen car and moving it in interstate commerce. A forensic pathologist who testified as to the causes of death of Hillis and Beeler was coincidentally the same doctor who performed Wesley Crandall's autopsy. A friend of Percy's, Mike Featheringill, testified that Percy told him that [Percy] went over to this drug dealer's house, and they were going to purchase some marihuana, and Jerry shot the drug dealer with a shotgun, execution style.8 These witnesses actually added to Percy's account, rather than merely corroborating it, because Percy testified only that he assumed Thompson had shot Crandall in the head. Percy passed away in 1948, at age 59 at death place. "See footnote 8 These witnesses actually added to Percy's account, rather than merely corroborating it, because Percy testified only that he assumed Thompson had shot Crandall in the head. 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. Indeed, by the time of closing argument, the State referred to the discrete killings as a "circle" of criminal conduct for which Thompson should be held responsible. Join Facebook to connect with Jerry Thompson and others you may know. Even if all the evidence related to the Crandall murder and Thompson's trial in Henry County were relevant and of probative value here, this evidence would not clear the balancing hurdle of Evidence Rule 403. We need not address whether this error is a ground for reversal in the absence of any objection by the defense because the convictions must be set aside for the reasons explained in Parts II and III. The trial court denied Thompson's motion, ruling that the State could show "how a weapon of the crime was obtained. . Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. Inexplicably, Featheringill was also permitted to relate, Percy's account of an "execution style" shooting.See footnote 10 The fact that Crandall was killed, and how that occurred, was potentially as prejudicial as any fact can be and had no bearing on whether Thompson stole the murder weapon from Crandall that day. Thompson filed a motion in limine before trial objecting to the admission of any evidence related to Crandall's death, including the fact of Thompson's conviction for that murder. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. On February 12, 1991, two days prior to the murder, Thompson instructed his girlfriend to purchase a twelve-gauge shotgun and ammunition. at 367, 417 N.E.2d at 906. Larry Sells Tells Of The Most Dangerous Man He Has Ever Prosecuted In In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. Facebook gives people the power. In its opening argument, the State outlined the events surrounding the Hillis and Beeler murders, and then explained Percy's delayed decision to come forward to tell police what he knew about Thompson's involvement. . at 321, were unfairly prejudicial and required a new trial. . Evans, 563 N.E.2d at 1259. at 368, 417 N.E.2d at 906. Is proof of that conviction in New Castle, proof of his guilt in this case? . The second best result is Jerry Lamar Thompson age 60s in Portland, OR in the Eliot neighborhood. 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. She testified that in December 1990 she sold Crandall a handgun similar to the alleged murder weapon in this case. The trial court denied Thompson's motion, ruling that the State could show how a weapon of the crime was obtained. Because we conclude that the extensive evidence of the prior crime was inadmissible under Indiana Evidence Rules 402, 403, and 404(b), and denied Thompson a fair trial, we reverse the convictions and remand for a new trial. To be admissible under this Rule, Percy's motive to fabricate had to have arisen after the prior statement was made. Lila Thompson (1967-1971), Percy Douglas (1984-1988), Shynese Sangster (2002-2006) Control profile. The Seventh Circuit held that the fact that the possessor had been killed was admissible to prove his lack of consent to the transfer of possession and, therefore, that the car had been stolen from him. . Jerry Thompson Thompson Profiles | Facebook The jury therefore knew from the outset that Thompson had been a killer and a thief in the past. 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." Jerry Thompson - Facebook His heart belonged to Santa Barbara, and he could not imagine living anywhere else in the world. 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 for the killing of the man from whom this gun was taken. The State again argued that Percy's decision to come forward led to Thompson's conviction for Crandall's murder and the release from jail of two men who had initially pleaded guilty to that crime. Champlain v. State, 681 N.E.2d 696, 702 (Ind.1997). 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. Genealogy record of %1. . The State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. United States v. York, 933 F.2d 1343, 1353-54 (7th Cir. Sometime after that 2 retarded men were coerced into admitting that they killed Wesley Crandall, were convicted; they went to prison, and but, for Doug Percy coming forward, they would probably still be there. If Percy's account is credited, he was essentially an accomplice or, at a minimum, a direct observer of Thompson's criminal acts. 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. If Percy's testimony about Thompson's taking the murder weapon from Crandall was the permissible "core" evidence showing Thompson's access to the gun, the other details -- an "execution style" shooting, Thompson's conviction for the Crandall murder -- were a penumbra of dubious relevance and potentially inflammatory impact. Jerry as Percy Frank's Father as Toby Bart (from The Simpsons) as Duck Carl (from The Simpsons) as Donald Lenny (from The Simpsons) as Douglas Milhouse (from The Simpsons) as Oliver Nelson (from The Simpsons) as Diesel Skipper (from Skipper & Skeeto) as Skarloey Skeeto (from Skipper & Skeeto) as Rheneas Jerry Thompson & Company | CO | Read Reviews + Get a Bid | BuildZoom See, e.g., Taylor v. State, 659 N.E.2d 535, 542-43 (Ind. Percy Douglas Thompson was born circa 1889, to Henry Maxwell Thompson and Jannet Isabella Watson. About; Contact; Login; Search. I. . As Percy waited nearby in the living room, Thompson and Crandall spoke in the kitchen. Once he got his hands on a gun, any target would do. In rebuttal, the State replied that the events surrounding the Crandall murder were relevant: The reason it's relevant is because it proves [Thompson's] identity. The State's claim that any prejudice to Thompson was cured by a limiting instruction is unpersuasive. The convictions and sentence are reversed. Cf. . 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. 3 Friends and Jerry/Thomas | Scratchpad | Fandom United States v. Smith, 80 F.3d 1188, 1193 (7th Cir.1996) (internal quotation marks omitted). The fact of Thompson's conviction for murdering Crandall was wholly irrelevant to establishing his access to the murder weapon. [T]he Evidence shows that [Percy] did nothing to kill either of those 3 men. doug percy jerry thompson THOMPSON SUFFERED SEVERAL FATAL STAB WOUNDS. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind. In this review, we do not reweigh evidence or assess the credibility of witnesses. 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. Because "[a] conviction in a capital case may be based upon the uncorroborated testimony of an accomplice," Lowery v. State, 547 N.E.2d 1046, 1053 (Ind. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. View the profiles of people named Jerry Thompson Thompson. According to Percy, on the day of the killings, he and Thompson went to Hillis Auto Sales where, without any forewarning, Thompson shot both victims and Thompson and Percy robbed them. 1992). Lannan v. State, 600 N.E.2d 1334 (Ind.1992). The proffered conviction here does not approach the probative value required to outweigh that prejudice under Rule 403. 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." Despite Thompson's actions linking the separate events, the jury was impermissibly left with the "reverberating clang" of the Crandall murder ringing in its ears, United States v. Merriweather, 78 F.3d 1070, 1077 (6th Cir. When this mandate is observed, the conviction will not be disturbed. Reading of Death Penalty Information in Voir Dire We first take up an issue not raised by the parties. The jury therefore knew from the outset that Thompson had been a killer and a thief in the past. And, he took Wesley Crandall's guns Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. Thompson and Percy each grabbed a large trash bag and drove back to Indianapolis. 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). Factual and Procedural History On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. But, the acts that [Thompson] committed up there, as they related to his case are proof of his guilt here; that's the whole reason you were able to hear it. He claimed this was sufficiently proved by the undisputed evidence that the murder weapon was found when Percy and Thompson were stopped by Illinois state police three months after Hillis and Beeler were killed. Evidence Rule 801(d)(1)(B), corroborative proof is limited by several considerations: (1) whether the challenged witness actually testified to what is sought to be corroborated; (2) whether the corroboration helps prove a material fact (relevance); and (3) whether the corroborative evidence, assuming it is relevant, is nonetheless so prejudicial that it must be excluded under Evidence Rule 403. Id. This Court has jurisdiction under Indiana Appellate Rule 4(A)(7). . In brief, Percy testified that he and Thompson went to Crandall's house that day to purchase marijuana and that Thompson assaulted and shot Crandall.See footnote 6 Thompson then stole several of Crandall's guns, one of which Percy identified at trial as the same handgun recovered in the car search in Illinois in June. I don't think a signature, in quotes, is a required. Despite the fact that Percy's description of Crandall's killing was largely uncontradicted and unchallenged, the State pointed to the testimony of several witnesses -- the gun dealer who sold Crandall the murder weapon that Thompson eventually stole, the forensic pathologist who concluded that Crandall died of a gunshot wound to the head -- to corroborate Percy's account. 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. In a hearing outside the presence of the jury, the State asserted that proof of the conviction was relevant to show identity and because Percy's credibility had been attacked. The fact of a shotgun wound could perhaps have been established by a police officer or otherwise without getting into whether it was fatal. Before the trial in this case, Thompson was tried and convicted in Henry County of murdering Crandall. 7. Jerry Thompson (8,289 matches): Phone Number, Email, Address - Spokeo 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. State prisoner stabbed to death | wthr.com Id. Jerry Thompson Facebook Log In Jerry Thompson Friends Photos Videos More Friends Photos Videos Jerry Thompson About Work No workplaces to show College Indeed, our decisions have cautioned that evidence of prior misconduct offered to bolster a key witness's testimony as to the current charge, although often probative on that point, is also quite prejudicial. Jerry Thompson Profiles | Facebook 1983, trial court committed reversible error by informing jury sua sponte during voir dire of inmate's prior convictions for rape and sexual assault). The rules of evidence require courts to guard against exploitation of those details. He appeals. 1991) ("bootstrapping" testimony related to extrinsic acts is admissible but only to the extent it is relevant to a material fact). 2d 265 (1988). The identity exception to the general prohibition on propensity evidence is crafted primarily for "signature" crimes with a common modus operandi. In February of 1991, [Thompson and Percy] went to New Castle, Indiana, to meet a man by the name of Wesley Crandall. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. View the profiles of people named Percy Thompson. I don't think [Rule] 404 precludes the obtaining of the weapon, so the State will be allowed to introduce evidence of the obtaining of the weapon." The third result is Douglas Edwin Percy age 60s in Marblehead, MA in the Marblehead neighborhood. Conviction there could have been based on forensic or other evidence wholly independent of Percy's testimony. Sixty people were indicted in federal court for their roles in a conspiracy to bring heroin from Chicago and Atlanta and sell it throughout Greater Cleveland, law enforcement officials announced . He contends that a drumbeat of prejudicial and irrelevant evidence related to Crandall's killing induced the jury to draw the forbidden inference, at the core of Rule 404(b), that Thompson killed once, so must have done so again. Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? First, this does not remove the stain of admitting the conviction into evidence in view of the instruction that the jury is to consider only evidence in reaching its verdict, and not the charging information. View the profiles of people named Jerry Thompson. Thompson was charged and a jury convicted him on all counts. The trial court ruled that the State would be allowed "to simply explain presence and then cut it off and let's get on." Ostrowsky, 501 F.2d at 324. Rather than telling the jury to disregard the disputed evidence completely because it was not admissible for any purpose, the limiting instruction here instructed the jury to limit its consideration of prior acts to identity. 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. Prospective jurors were told the following: Jerry K. Thompson has been convicted of another Murder; that is, a judgment of conviction for the murder of Wesley A. Crandall, Junior, was entered against Jerry K. Thompson on the 15th day of June, 1993, in Henry County, Indiana, in cause #33D019207CF027 The three other aggravating circumstances were: (1) two counts of committing an intentional killing while committing or attempting to commit a robbery, Ind.Code 35-50-2-9(b)(1) (Supp.1990); and (2) one count of committing another murder at any time, Ind.Code 35-50-2-9(b)(8) (Supp.1990).
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