He went to elementary school in Solvang and graduated from Santa Barbara High School in 1976. THOMPSON, Douglas "Doug" Jerry - Santa Barbara News-Press Thompson and Percy had the first two guns with them when they were detained by Illinois police in June 1991.7. The fact of a shotgun wound could perhaps have been established by a police officer or otherwise without getting into whether it was fatal. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir. You can explore additional available newsletters here. If Percy's account is credited, he was essentially an accomplice or, at a minimum, a direct observer of Thompson's criminal acts. 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. About; Contact; Login; Search. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. On February 14, 1991, one month before the murders in this case, Wesley Crandall Jr. was shot to death in his home in New Castle, Indiana. He didn't stomp on him; he didn't take a shotgun and nearly blow his head off. 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. It is valid as a logical proposition only if one has an understanding of all the dynamics of the Crandall trial. Thompson was charged and a jury convicted him on all counts. These authorities, e.g., Maldonado v. State, 265 Ind. 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. 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. In any event, the jury in this case did not and could not know all of the record in the Crandall trial. Before the trial in this case, Thompson was tried and convicted in Henry County of murdering Crandall. . 9. 1995). 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. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. 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. Percy passed away in 1948, at age 59 at death place. Is proof of that conviction in New Castle, proof of his guilt in this case? In its effort to prove guilt, the State may not flood the courtroom with unnecessary and prejudicial details of prior criminal conduct merely because some of that evidence is relevant and admissible. doug percy jerry thompson. Cf. Leonard v. United States, 378 U.S. 544, 84 S.Ct. 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. Fox v. State, 497 N.E.2d 221, 224 (Ind. 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. 1995) (evidence as to defendant's four prior, convictions for dealing in cocaine should not have been admitted in prosecution for cocaine possession), trans. The details of the prior murder were irrelevant. He has a very deep voice, and his hairstyle is a crew cut with a single strand of hair in a ponytail. As a result, the decision to admit evidence of Thompson's access to the gun, and the State's offer of corroborative evidence to support Percy's version of the events in New Castle, was within the trial court's discretion. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. . See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir. I. Although Percy's account of the Crandall murder in its particulars was uncontradicted and largely unchallenged, the State offered further detailed evidence about those events. Brewer also established that the jury is impermissibly tainted "when the aggravating circumstance to be charged is either a prior murder conviction, a prior murder unrelated to the current offense, or a prior life sentence." . People at Inforver; . When this mandate is observed, the conviction will not be disturbed. 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. However, the jury's apparent decision to believe Percy may have turned on the wrongly admitted evidence. The rules of evidence require courts to guard against exploitation of those details. 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 1 . 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). Percy's credibility was critical to the State's case. Sign up for our free summaries and get the latest delivered directly to you. The issue is raised sua sponte to emphasize what Brewer and Evans made clear as to how prospective jurors should be instructed on aggravating circumstances in capital cases. . Bone.. Looks. 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 . 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. Select this result to view Jerry Wayne Thompson's phone number, address, and more. C. The errors were not harmless We cannot conclude that these evidentiary errors were harmless. However, the details of the killing, including the cause of death as being two gunshot wounds in the head, id. Jerry Thompson, his brothers David (Lisa) and Dan (Ana) Thompson, his nephews, Lucas . Although Thompson conceded that he was a passenger in the car in which the murder weapon was found three months after the killings, Thompson never offered to stipulate that he had access to the murder weapon before the crimes, or to the specific fact that he stole the weapon from Crandall in February 1991. 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. All contact info about Douglas E Percy, 61 from Marblehead, Massachusetts - address, e-mail, phone, public records, etc at Inforver FOR FREE. Thompson and Percy each grabbed a large trash bag and drove back to Indianapolis. Douglas Percy Thompson - Wakefield Council The fact that Crandall died and the fact that Thompson was convicted of his murder did not bear on any aspect of, Percy's credibility because Percy did not testify to either subject. Douglas Percy. . Thompson is currently serving a ninety-year sentence for that crime. For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. 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. 1986). In a second motion in limine, Thompson responded that this evidence was not admissible under the identity exception because the Indianapolis killings and the Crandall murder were not "signature" crimes. Please try again. At oral argument in this Court, the State contended that these details, which were partially corroborated by other witnesses as explained below, were admissible to show Percy's credibility. Their license was verified as active when we last checked. 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. Lannan, 600 N.E.2d at 1338. 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. 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. 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. 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind. After she had purchased the shotgun, Thompson and Percy altered the shotgun by shortening the barrel and fashioned a sling to carry the weapon. That is not the end of the analysis, however. On February 14, 1991, he and Thompson went to Crandall's house to buy marijuana. . 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,13 generally does not bar a retrial on the same crimes. Fox v. State, 497 N.E.2d 221, 224 (Ind.1986). [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." 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).
Are There Black Foxes In Maryland, Down By The River Where The Hanky Panky, Articles D