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. Stay up-to-date with how the law affects your life. 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. If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. Douglas Percy. Resides in Mead, WA. 2056, 23 L.Ed.2d 707 (1969). 49G03-9204-CF-60651, I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. On February 14th, 1991, Wesley Crandall, Junior, was murdered in his home in New Castle. 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. In this review, we do not reweigh evidence or assess the credibility of witnesses. The fact of a shotgun wound could perhaps have been established by a police officer or otherwise without getting into whether it was fatal. On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. 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. All rights reserved. . B. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. 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. Ostrowsky, 501 F.2d at 324. 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. He offers broad experience in skills like . Jerry Thompson Facebook Log In Jerry Thompson Friends Photos Videos More Friends Photos Videos Jerry Thompson About Work No workplaces to show College 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. 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. 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. It is valid as a logical proposition only if one has an understanding of all the dynamics of the Crandall trial. 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 issue is whether evidence beyond that appropriate to establish access to the gun was admitted and, if so, whether it was harmless error. If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. 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. cuando tu pareja te miente frases virginia rockhounding map doug percy jerry thompson. Thompson pointed the gun at Crandall, but it made a "clicking sound" and would not fire. As the defense's opening statement put it: Who does [the State] say was with Mr. Thompson in New Castle? He appeals. 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. A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. . 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. 1989) (citation omitted), the Double Jeopardy Clause does not preclude a retrial. They have also lived in Phippsburg, ME and Beverly, MA. 1996) (reversing conviction due to erroneous admission of propensity evidence) (internal quotation marks omitted), suggesting that because Thompson killed and robbed Crandall, he must have killed and robbed Hillis and Beeler too. Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. If Percy's account is credited, he was essentially an accomplice or, at a minimum, a direct observer of Thompson's criminal acts. In any event, the jury in this case did not and could not know all of the record in the Crandall trial. The admissibility of the Crandall murder evidence was contested from the outset. Thompson argues that the trial court erred in admitting the testimony of Columbus, Indiana gun dealer Velma Brown. Lockhart v. State, 609 N.E.2d 1093, 1097 (Ind.1993). . The serial numbers on the handgun were ground off. On February 14, 1991, he and Thompson went to Crandall's house to buy marijuana. SHEPARD, C.J., concurs with separate opinion. 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. 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. This site is protected by reCAPTCHA and the Google. For example, in United States v. Ostrowsky, 501 F.2d 318 (7th 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"). 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. As of July 1, 2006 Home Page| View the profiles of people named Percy Thompson. United States v. Burke, 948 F.2d 23 (1st Cir. 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. 1992). 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. 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. . However, the jury's apparent decision to believe Percy may have turned on the wrongly admitted evidence. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Before the trial in this case, Thompson was tried and convicted in Henry County of murdering Crandall. Douglas E Percy from 10 Shuman Rd, Marblehead, MA 01945, age 61, Phone 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). Not every aggravator needs to be kept from the jury. doug percy jerry thompson. 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. Far more importantly what somebody has to lose. Cf. Hardin v. State, 611 N.E.2d 123, 129 (Ind. Application of the Indiana Rules of Evidence. Percy did not see the location of the shot, but assumed that Thompson had shot Crandall in the head. Doug Percy - Address & Phone Number | Whitepages The State's claim that any prejudice to Thompson was cured by a limiting instruction is unpersuasive. 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." Id. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Our cases have long admonished that one crime cannot be proved in order to establish another distinct crime even though they be of the same kind. Genealogy record of %1. Cf. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. The defense asked jurors to think about what somebody's got to gain when they testify. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. Observing that Thompson had challenged Percy's credibility in opening arguments, the State maintained that some detail was needed to give the jury sufficient context in which to understand, and therefore credit, Percy's testimony about how Thompson acquired the gun used to kill Hillis and Beeler. 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. It also placed Percy himself at each of these crime scenes. 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. 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. . Citing several cases, the State nonetheless urges a more expansive view of the, identity exception to include evidence of prior crimes in which an instrumentality used in the current crime was acquired. Sign up for our free summaries and get the latest delivered directly to you. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. 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. He worked in the kitchens and as a driver and mechanic. 1993). . Mar 3, 2022 Mar 3, 2022; Facebook; Twitter; WhatsApp; SMS; . 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.