III. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. Even oblique or apparently innocuous references to prior convictions are impermissible. 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 is always difficult saying goodbye to someone we love and cherish. View the profiles of people named Jerry Thompson Thompson. Id. 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 One thing was certain, by the time he reached manhood, Jerry Thompson was a savage killer. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. There is enormous potential for prejudice in the guilt phase if the jury is permitted to know from the outset, in a murder case, that the defendant is a convicted killer. Larry Sells Tells Of The Most Dangerous Man He Has Ever Prosecuted In at 368, 417 N.E.2d at 906. United States v. Burke, 948 F.2d 23 (1st Cir.1991) (bootstrapping testimony related to extrinsic acts is admissible but only to the extent it is relevant to a material fact). You are here: cape breton post latest obits; david caruso art business; doug percy jerry thompson . 1989) (citation omitted), the Double Jeopardy Clause does not preclude a retrial. Cf. Brewer distinguished between aggravating circumstances that are extraneous to the crime currently charged, such as a prior murder conviction, and an aggravating circumstance whose proof turns on the same evidence presented at the guilt phase. To prove that Thompson was the perpetrator, the State presented evidence that he stole the murder weapon, a handgun, in the course of committing a different murder a month earlier. Doug was born in San Jose, California on February 3, 1958. 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. Accordingly, even where the defendant's involvement in a prior murder is relevant in part, the circumstances of the killing should not be presented unless they too are relevant. However, the jury's apparent decision to believe Percy may have turned on the wrongly admitted evidence. That's what identifies him with being associated with that gun. Jerry Thompson Profiles | Facebook ." The trial court denied Thompson's motion, ruling that the State could show "how a weapon of the crime was obtained. Once he got his hands on a gun, any target would do. And, who does [the State] say was in Illinois in June of 1991, when [Thompson] was stopped by [Illinois police]? United States v. Burke, 948 F.2d 23 (1st Cir. Copyright 2023, Thomson Reuters. 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. ), APPEAL FROM THE MARION SUPERIOR COURT The Honorable John R. Barney Jr., Judge Cause NO. The proffered conviction here does not approach the probative value required to outweigh that prejudice under Rule 403. When Featheringill was asked about the events in New Castle, the defense objected on hearsay grounds. 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." Douglas Percy. 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. It could be argued that the evidentiary errors during the guilt phase were therefore harmless. The email address cannot be subscribed. When this mandate is observed, the conviction will not be disturbed. 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. And, he took Wesley Crandall's money that was there, and the marihuana. 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. at 321, were unfairly prejudicial and required a new trial. That is not the end of the analysis, however. 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. Percy was the only witness conclusively placing Thompson at the scene. doug percy jerry thompson - edrobd.org Id. 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. In light of this disposition, it is unnecessary to. By - June 16, 2022. Indeed, the State does not contend that these were signature crimes. Douglas Percy Thompson Born: 3 . The State responded that his testimony was admissible under Evidence Rule 801(d)(1)(B) as a prior consistent statement to rebut Thompson's recent charge of improper motive. SHEPARD, C.J., concurs with separate opinion. Douglas Percy. Wooden v. State, 657 N.E.2d 109, 111 (Ind. Percy Douglas Thompson was born circa 1889, to Henry Maxwell Thompson and Jannet Isabella Watson. He didn't stomp on him; he didn't take a shotgun and nearly blow his head off. 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. That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. 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. Join Facebook to connect with Percy Thompson and others you may know. The admissibility of the Crandall murder evidence was contested from the outset. The allegedly corroborative evidence here was irrelevant. Percy Femur | Doug Wiki | Fandom There are 10+ professionals named "Doug Percy", who use LinkedIn to exchange information, ideas, and opportunities. 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. 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. Factual and Procedural History On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. 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. Application of the Indiana Rules of Evidence. 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. 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. . Rather, the defense elicited from Percy that he had not been charged with any crime related to those events and that his charge for altering a vehicle identification number was dismissed in exchange for his cooperation in this case. . There is no doubt that Percy's credibility was critical to the State's case. We have little difficulty concluding that the fact and manner of Crandall's death, and Thompson's murder conviction, were highly prejudicial to Thompson. 1991) ("bootstrapping" testimony related to extrinsic acts is admissible but only to the extent it is relevant to a material fact). Lockhart v. State, 609 N.E.2d 1093, 1097 (Ind. 1994) (in action against prison officials under 42 U.S.C. 7. Opening arguments The State emphasized the details of Crandall's killing from the beginning. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. 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. . Lockhart v. Nelson, 488 U.S. 33, 109 S.Ct. 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"). We first examine what went on in the trial court. 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. To be admissible under this Rule, Percy's motive to fabricate had to have arisen after the prior statement was made. 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 jury therefore knew from the outset that Thompson had been a killer and a thief in the past. Thompson argues that the trial court erred in admitting the testimony of Columbus, Indiana gun dealer Velma Brown. Related To Andrea Thompson, Eric Thompson, Lloyd Thompson, Amanda Thompson, Brandy Thompson. 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. Even oblique or apparently innocuous references to prior convictions are impermissible. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. Not every aggravator needs to be kept from the jury.

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