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The best result we found for your search is Jerry Wayne Thompson age 70s in Portland, OR in the Maplewood neighborhood. The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. Percy is much taller then any student at Doug's school. Loveless v. State, 240 Ind. III. for the killing of the man from whom this gun was taken." 534, 539, 166 N.E.2d 864, 866 (1960) (in prosecution for burglary, erroneous admission of defendant's alleged involvement in prior burglaries required new trial). 1978) (evidence of prior robbery was properly allowed where the murder weapon was taken during the robbery and was later found in the house where the defendant was arrested).See footnote 9 The issue, however, is whether that discretion was abused in the quantity and quality of the evidence admitted to corroborate Percy's testimony on this collateral point. The bag Thompson carried contained several guns and Percy's bag contained marijuana and shell casings. Percy was the only witness conclusively placing Thompson at the scene. He did not break 5'10, 130 pound Wesley Crandall's neck. In light of this disposition, it is unnecessary to reach the remaining claims of error.12. Lannan v. State, 600 N.E.2d 1334 (Ind. [T]he Evidence shows that [Percy] did nothing to kill either of those 3 men. See also Swanson v. State, 666 N.E.2d 397 (Ind.1996) (although common-law doctrine of res gestae did not survive enactment of Indiana Rules of Evidence, facts that are part of the story of the crime are admissible if relevant within the meaning of Evidence Rule 401). The details of the prior murder were irrelevant. 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. 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. On February 14th, 1991, Wesley Crandall, Junior, was murdered in his home in New Castle. Percy did not see the location of the shot, but assumed that Thompson had shot Crandall in the head. Bowen v. State, 680 N.E.2d 536, 540 (Ind. The defense responded that the conviction was: (1) impermissible bolstering of Percy; (2) irrelevant to proving what happened at Hillis Auto Sales on the day of the murders; and (3) too prejudicial to be outweighed by any probative value. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. 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. This [is] the gun that came from there. 13. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind. Jerry Thompson in Portland, OR - Address & Phone Number - Whitepages You can explore additional available newsletters here. 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. The relevance and balancing issues are reviewed for an abuse of discretion. . While we have reversed on the basis of evidence improperly admitted during the State's case in chief, it might turn out that discrete pieces of this evidence would be admissible as rebuttal. Reading of Death Penalty Information in Voir Dire. 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. The details of the prior murder were irrelevant Because the State alleged that Thompson stole the murder weapon from Crandall and subsequently used it to kill Hillis and Beeler, the theft of the gun was relevant to this trial. They met Mr. Crandall in his home in New Castle; they conducted their business, and when it came time to leave, they didn't leave. 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. When the defendant objects on the ground that the admission of particular evidence would violate Rule 404(b), the following test should be applied: (1) the court must determine that the evidence of other crimes, wrongs, or acts is relevant to a matter at issue other than the defendant's propensity to commit the charged act; and (2) the court must balance the probative value of the evidence against its prejudicial effect pursuant to Rule 403. For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. Contact us. . Larry Sells Tells Of The Most Dangerous Man He Has Ever Prosecuted In The second best result is Jerry Lamar Thompson age 60s in Portland, OR in the Eliot neighborhood. If Percy's account is credited, he was essentially an accomplice or, at a minimum, a direct observer of Thompson's criminal acts. 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. Jerry Thompson & Company | CO | Read Reviews + Get a Bid | BuildZoom The well established rationale behind Evidence Rule 404(b) is that the jury is precluded from making the forbidden inference that the defendant had a criminal propensity and therefore engaged in the charged conduct. 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. 534, 539, 166 N.E.2d 864, 866 (1960) (in prosecution for burglary, erroneous admission of defendant's alleged involvement in prior burglaries required new trial). That's what identifies him with being associated with that gun. When the defendant objects on the ground that the admission of particular evidence would violate Rule 404(b), the following test should be applied: (1) the court must determine that the evidence of other crimes, wrongs, or acts is relevant to a matter at issue other than the defendant's propensity to commit the charged act; and (2) the court must balance the probative value of the evidence against its prejudicial effect pursuant to Rule 403. 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. 1996). Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. Facebook gives people the power to share and makes the world more open and connected. Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. See, e.g., Swain v. State, 647 N.E.2d 23 (Ind.Ct.App.1995) (evidence as to defendant's four prior convictions for dealing in cocaine should not have been admitted in prosecution for cocaine possession), trans. However, the details of the killing, including the cause of death "as being two gunshot wounds in the head," id. Two witnesses -- the forensic pathologist and Percy's friend Mike Featheringill -- testified to how Crandall died. In any event, the jury in this case did not and could not know all of the record in the Crandall trial. Champlain v. State, 681 N.E.2d 696, 702 (Ind.1997). In any event, the jury in this case did not and could not know all of the record in the Crandall trial. 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. 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." 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. He then went to Seattle and graduated from the University of Washington. Indeed, the State does not contend that these were signature crimes. . Douglas Percy. Such evidence is highly prejudicial. Loveless v. State, 240 Ind. Ct. App. Bill Percy - Partner - Thompson Dorfman Sweatman | ZoomInfo 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. denied; Pirnat v. State, 612 N.E.2d 153, 155 (Ind.Ct.App.1993) (in prosecution for child molesting, [t]estimony regarding the previous [child molesting] conviction and details of the previous molestation were obviously highly prejudicial) (citation and footnote omitted); United States v. Cox, 536 F.2d 65, 72 (5th Cir.1976) (admission of a rap sheet detailing the defendant's criminal record, including prior convictions, was reversible error). 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. The trial court ruled that the State would be allowed "to simply explain presence and then cut it off and let's get on." doug percy jerry thompson. 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. The defense responded that the conviction was: (1) "impermissible bolstering" of Percy; (2) irrelevant to proving what happened at Hillis Auto Sales on the day of the murders; and (3) too prejudicial to be outweighed by any probative value. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir. It also placed Percy himself at each of these crime scenes. The rules of evidence require courts to guard against exploitation of those details. See, e.g., Watson v. State, 540 N.E.2d 598 (Ind. Percy was the only witness conclusively placing Thompson at the scene. DICKSON, SULLIVAN and SELBY, JJ., concur. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. What does Mr. Percy have to lose? 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. State prisoner stabbed to death | wthr.com Citing Evidence Rules 402 (relevance) and 403 (balance of probative value and prejudice), Thompson argues that the State elicited far more evidence about Crandall's death than was necessary to prove this aspect of its case. Lived In Spokane WA, Brush Prairie WA, Veradale WA, Battle Ground WA. Second, although we find no directly relevant precedent, we are not willing to bootstrap failure to object to one major error into harmlessness of others in a death penalty case. 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"). Lannan, 600 N.E.2d at 1338. Application of the Indiana Rules of Evidence. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. 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. Indiana Evidence Rule 404(b) provides that "[e]vidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. 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. We have little difficulty concluding that the fact and manner of Crandall's death, and Thompson's murder conviction, were highly prejudicial to Thompson. 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.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 1991, and ballistics tests confirmed to be the weapon used to kill Hillis and Beeler. Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 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 (8,289 matches): Phone Number, Email, Address - Spokeo Thompson was charged and a jury convicted him on all counts. Under these circumstances, the errors were not harmless.11 See Wickizer v. State, 626 N.E.2d 795, 800-01 (Ind.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.Ct.App.1993) (erroneous admission of propensity evidence was not harmless due to prosecutor's steady drumbeat of references to the defendant's prior criminal record, especially in closing arguments). 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. 1989) (citation omitted), the Double Jeopardy Clause does not preclude a retrial. Douglas Percy. 1993). Not every aggravator needs to be kept from the jury. In and of itself, no. And, he took Wesley Crandall's guns Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. Ind.Code 35-50-2-9(b)(1) (Supp.1990). 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. 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. 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. . He has a very deep voice, and his hairstyle is a crew cut with a single strand of hair in a ponytail. 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. 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. In March 1992, Percy approached Indianapolis police with . I don't think a signature, in quotes, is a required. While we have reversed on the basis of evidence improperly admitted during the State's case in chief, it might turn out that discrete pieces of this evidence would be admissible as rebuttal. Jerry Thompson Thompson Profiles | Facebook ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). Facebook gives people the power. 11. 10+ "Doug Percy" profiles | LinkedIn As of July 1, 2006 Home Page| It was noted at oral argument in this Court that due to the erroneous (but unobjected) reading of the death penalty information in voir dire, the jury was advised from the outset of Thompson's conviction of Crandall's murder. In February of 1991, [Thompson and Percy] went to New Castle, Indiana, to meet a man by the name of Wesley Crandall. 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. Join Facebook to connect with Jerry Thompson and others you may know. Jerry is related to Virginia Ann Thompson . It is always difficult saying goodbye to someone we love and cherish. 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. 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. . Application of the Indiana Rules of Evidence The well established rationale behind Evidence Rule 404(b) is that the jury is precluded from making the "forbidden inference" that the defendant had a criminal propensity and therefore engaged in the charged conduct. 1995) (evidence as to defendant's four prior, convictions for dealing in cocaine should not have been admitted in prosecution for cocaine possession), trans. In this review, we do not reweigh evidence or assess the credibility of witnesses. The proffered conviction here does not approach the probative value required to outweigh that prejudice under Rule 403. The allegedly corroborative evidence here was irrelevant. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir. Percy Douglas Thompson was born circa 1889, to Henry Maxwell Thompson and Jannet Isabella Watson. cuando tu pareja te miente frases virginia rockhounding map doug percy jerry thompson. It could be argued that the evidentiary errors during the guilt phase were therefore harmless. Douglas Percy. Rule 404(b) is on the books because evidence of prior crimes is presumptively prejudicial. And, he took Wesley Crandall's guns. This occurred with the apparent assent of all counsel. 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 v. State, 600 N.E.2d 1334 (Ind.1992). View the profiles of professionals named "Doug Percy" on LinkedIn. These criteria mirror Evidence Rules 401, 402, 403, and 404(b). Percy carried Thompson's sawed-off shotgun into the residence. 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. . Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. 2d 265 (1988). Ind.Code 35-42-1-1(1) (Supp.1989). at 367, 417 N.E.2d at 906. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. Join Facebook to connect with Jerry Thompson Thompson and others you may know. Jerry Thompson Obituary. 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. 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. . Jerry K. Thompson was convicted of two counts of murder,See footnote 1 two counts of robbery,See footnote 2 and one count of carrying a handgun without a license.See footnote 3 The trial court sentenced Thompson to death for the murders and imposed a term of years for the other convictions. Trafficking Indictment Filed Against 60 People in Conspiracy That He did not break 510, 130 pound Wesley Crandall's neck. 1. In this review, we do not reweigh evidence or assess the credibility of witnesses. The State all but urged the jury to make the forbidden inference. As Brewer held, there was no reversible error in informing the jury of that aggravator before the sentencing phase, even if reading any of the charged aggravators is neither necessary nor a desirable practice in capital cases. Doug Percy - Address & Phone Number | Whitepages 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." . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. Fox v. State, 497 N.E.2d 221, 224 (Ind.1986). His heart belonged to Santa Barbara, and he could not imagine living anywhere else in the world. Rather, he chose to attack Percy's credibility. The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. 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 . Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. The pathologist opined that Crandall died from a gunshot wound to the head. The propensity evidence in this case crossed that line by a wide margin. 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. It is valid as a logical proposition only if one has an understanding of all the dynamics of the Crandall trial. 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. Jerry K. Thompson v. State of Indiana :: 1998 - Justia Law Conclusion The convictions and sentence are reversed. They are far from justifying irrelevant and highly prejudicial evidence that has no relation to that point or to any other material fact in dispute. What does Mr. Percy have to lose? Rule 404(b) is on the books because evidence of prior crimes is presumptively prejudicial. The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. Although the State conceded that Percy had some culpability in both crimes, Percy's role was distinguished from Thompson's: All of us know Doug Percy is not blameless in this, and at the very least, he assisted Jerry Thompson, after these horrible murders were committed. However, the details of the killing, including the cause of death as being two gunshot wounds in the head, id. 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. 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. 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. Rather, he chose to attack Percy's credibility. 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. 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. Thompson and Percy each grabbed a large trash bag and drove back to Indianapolis. 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. The identity exception to the general prohibition on propensity evidence is crafted primarily for "signature" crimes with a common modus operandi. Without that knowledge it is impossible to conclude what, if any, validation of Percy the conviction represents. If there is one lesson to take from this case, it is that Thompson's questioning Percy's, credibility did not open a door through which all evidence related to the Crandall murder could automatically pass. In the end, an impermissible flood of damaging propensity evidence washed away Thompson's right to a fair trial. This cause is remanded for a new trial. I. at 367, 417 N.E.2d at 906. A. The State did not refer at this stage, however, to the point for which evidence of the Crandall murder was originally held to be admissible-to show that Thompson had access to the murder weapon before the crimes. There is no shortage of decisions reversing convictions due to the erroneous admission of the defendant's prior criminal history, specifically prior convictions. Here, one of the aggravating circumstances charged in addition to the prior murder was that Thompson intentionally killed Hillis and Beeler while committing or attempting to commit a robbery. The convictions and sentence are reversed. 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. It also placed Percy himself at each of these crime scenes. The State indicated its intent to offer evidence related to the Crandall murder to establish Thompson's identity, and that it might offer evidence of Thompson's previous felony convictions possibly as rebuttal to any attacks on the credibility of witness Douglas Percy in the event that any such attack may open the door to the use of such evidence. 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. His testimony was an essential element in the chain of evidence pointing to Thompson as the killer. Indeed, the State does not contend that these were signature crimes. The State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. 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. Select this result to view Jerry Wayne Thompson's phone number, address, and more. There are 10+ professionals named "Doug Percy", who use LinkedIn to exchange information, ideas, and opportunities. Percy did not assert his knowledge of that fact or whether Crandall died from the shot. . . He didn't stomp on him; he didn't take a shotgun and nearly blow his head off.

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