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. The State all but urged the jury to make the forbidden inference. Jerry Thompson (8,289 matches): Phone Number, Email, Address - Spokeo 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. . He didn't stomp on him; he didn't take a shotgun and nearly blow his head off. 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. doug percy jerry thompson - edrobd.org Such evidence is highly prejudicial." . 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.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. Jerry Don Thompson - President - Voyager Energy Services - LinkedIn The State lauded Percy in its closing argument as the man who helped solve both the Indianapolis killings at issue here and Crandall's murder a month earlier: [I]n the process of telling the Police Department and other Law Enforcement authorities those things that he knew, [Percy] solved 3 murders. Because the State was properly allowed to show that Thompson stole the murder weapon from Crandall, whether Crandall actually had a gun similar to that weapon at the time he was killed was also relevant. 12. 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. Rather, he chose to attack Percy's credibility. There is nothing in the record indicating on what basis it was admitted into evidence over Thompson's objection. 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. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. 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. These criteria mirror Evidence Rules 401, 402, 403, and 404(b). 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. 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. That's what identifies him with being associated with that gun. Unnecessary and inflammatory detail may require reversal. 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. Fox v. State, 497 N.E.2d 221, 224 (Ind. 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. 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. 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. Jerry D. Thompson - Wikipedia Percy was the only witness conclusively placing Thompson at the scene. SHEPARD, C.J., concurs with separate opinion. Ct. App. The issue is whether evidence beyond that appropriate to establish access to the gun was admitted and, if so, whether it was harmless error. Loveless v. State, 240 Ind. The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. Hardin v. State, 611 N.E.2d 123, 129 (Ind. C. The errors were not harmless We cannot conclude that these evidentiary errors were harmless. 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. 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. The second best result is Jerry Lamar Thompson age 60s in Portland, OR in the Eliot neighborhood. If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. 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. We first take up an issue not raised by the parties. I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. 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. . 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. It cannot be expected to make its decision in a void United States v. Moore, 735 F.2d 289, 292 (8th Cir.1984). 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). 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. The relevance and balancing issues are reviewed for an abuse of discretion. For example, in United States v. Ostrowsky, 501 F.2d 318 (7th Cir. You are here: cape breton post latest obits; david caruso art business; doug percy jerry thompson . After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. Lived In Spokane WA, Brush Prairie WA, Veradale WA, Battle Ground WA. These authorities, e.g., Maldonado v. State, 265 Ind. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. Lannan v. State, 600 N.E.2d 1334 (Ind.1992). The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. The State responds that a portrayal of the Crandall murder was not prohibited by Rule 404(b) because it helped prove Thompson's identity as the killer. . The defense asked jurors to "think about what somebody's got to gain when they testify. 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 the end, an impermissible flood of damaging propensity evidence washed away Thompson's right to a fair trial. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. 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. 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. Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. Cf. For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. . Percy testified that Thompson shot Crandall. 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. See, e.g., Watson v. State, 540 N.E.2d 598 (Ind. Two witnesses -- the forensic pathologist and Percy's friend Mike Featheringill -- testified to how Crandall died. Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. He did not break 5'10, 130 pound Wesley Crandall's neck. 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. They found the 41-year-old inmate on the floor with stab wounds. Conclusion The convictions and sentence are reversed. Jerry Don Thompson serves as President of Voyager Energy Services and Vice President of Granbury Thompson Group offering SandX and Super Loop Products. Join Facebook to connect with Jerry Thompson and others you may know. 1986). . After she had purchased the shotgun, Thompson and Percy altered the shotgun by shortening the barrel and fashioned a sling to carry the weapon. And, he took Wesley Crandall's guns Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. 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. 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. 2056, 23 L.Ed.2d 707 (1969). However, Thompson conceded in his second motion that the State was "entitled to show that Thompson had access to or control over the weapon used to commit the murders of Hillis and Beeler." Ct. App. . 1990) (citing Brewer). Unnecessary and inflammatory detail may require reversal. 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. Rule 403 required exclusion More importantly, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. We first examine what went on in the trial court. Facebook gives people the power to share and makes the world more open and connected. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. 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. 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. Pay particular attention to Mr. Percy [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., When Percy began to testify about the events surrounding the Crandall murder, the defense objected and renewed its contention that this evidence was irrelevant and inadmissible under Rule 404(b). 1991) (distinguishing Ostrowsky and lauding trial court's "sanitized and tightly controlled" admission of evidence of prior murder and "vigilant efforts to minimize its prejudicial impact"). Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. The issue is whether evidence beyond that appropriate to establish access to the gun was admitted and, if so, whether it was harmless error. Fox v. State, 497 N.E.2d 221, 224 (Ind.1986). 1993). . 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. 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. 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. 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. Percy Femur | Doug Wiki | Fandom 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. The jury therefore knew from the outset that Thompson had been a killer and a thief in the past. What particular pa. You're all set! 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. His heart belonged to Santa Barbara, and he could not imagine living anywhere else in the world. . Rule 404(b) is on the books because evidence of prior crimes is presumptively prejudicial. 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. 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. Thompson was charged and a jury convicted him on all counts. However, double jeopardy forbids a retrial-even where the defendant requests it as here-if the reviewing court concludes that the evidence is legally insufficient to support the conviction. 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. 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 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. If Percy's account is credited, he was essentially an accomplice or, at a minimum, a direct observer of Thompson's criminal acts.
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