View the profiles of professionals named "Doug Percy" on LinkedIn. The bag Thompson carried contained several guns and Percy's bag contained marijuana and shell casings. Percy gave the following account. 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. Join Facebook to connect with Jerry Thompson and others you may know. As noted, the extraneous Crandall murder evidence was not admissible for this purpose. Thompson retrieved a pillow from another room, placed it over Crandall's head, and fired. 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 March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. He appeals. 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. He claimed this was sufficiently proved by the undisputed evidence that the murder weapon was found when Percy and Thompson were stopped by Illinois state police three months after Hillis and Beeler were killed. Douglas Percy. His testimony was an essential element in the chain of evidence pointing to Thompson as the killer. doug percy jerry thompson. 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. 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.
Douglas E Percy from 10 Shuman Rd, Marblehead, MA 01945, age 61, Phone Please try again. . Stay up-to-date with how the law affects your life. 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. That is not the end of the analysis, however. 1991, and ballistics tests confirmed to be the weapon used to kill Hillis and Beeler. 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. 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. ATTORNEYS FOR APPELLANTATTORNEYS FOR APPELLEE, Joseph M. ClearyJeffrey A. Modisett Robert V. ClutterAttorney General of Indiana Indianapolis, Indiana Arthur Thaddeus Perry Deputy Attorney General Indianapolis, Indiana, JERRY K. THOMPSON, ) ) Appellant (Defendant below ), ) ) v. ) 49S00-9507-DP-869 ) STATE OF INDIANA, ) ) Appellee (Plaintiff below ). In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. 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. 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., Taylor v. State, 659 N.E.2d 535, 542-43 (Ind.1995). 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 . That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. 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. See, e.g., Watson v. State, 540 N.E.2d 598 (Ind. Hardin v. State, 611 N.E.2d 123, 129 (Ind. Douglas Percy. Ostrowsky, 501 F.2d at 324. 1989) (citation omitted), the Double Jeopardy Clause does not preclude a retrial. And, he took Wesley Crandall's money that was there, and the marihuana. The issue is whether evidence beyond that appropriate to establish access to the gun was admitted and, if so, whether it was harmless error. 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind. United States v. Burke, 948 F.2d 23 (1st Cir. 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. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). Once he got his hands on a gun, any target would do. 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. 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. Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. United States v. York, 933 F.2d 1343, 1353-54 (7th Cir.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). The propensity evidence in this case crossed that line by a wide margin. The defense responded that the State was limited by Rule 404(b) to the least prejudicial way of proving access to the murder weapon and that Thompson could not be retried for the Crandall murder. Doug's military training took place in Hastings. Thompson's access to the gun was an important piece of circumstantial proof increasing the likelihood that he was the killer (or at least not excluding that possibility). He didn't leave witnesses. [2] 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. 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. Access to the murder weapon, particularly where the evidence is circumstantial as in this case, is such a permissible purpose. 1983, trial court committed reversible error by informing jury sua sponte during voir dire of inmate's prior convictions for rape and sexual assault). Percy Douglas Thompson Percy Douglas Thompson in Australia, Victoria Marriage Index, 1837-1942. 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 . The best result we found for your search is Jerry Wayne Thompson age 70s in Portland, OR in the Maplewood neighborhood. Thompson v. State, 671 N.E.2d 1165 (Ind.1996). Far more importantly what somebody has to lose. 9. [T]he Evidence shows that [Percy] did nothing to kill either of those 3 men. for the killing of the man from whom this gun was taken." 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.
State prisoner stabbed to death | wthr.com Cf. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. We first examine what went on in the trial court. 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. SHEPARD, C.J., concurs with separate opinion. Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. . Without stating the basis for its ruling, the trial court allowed Featheringill's testimony. In this review, we do not reweigh evidence or assess the credibility of witnesses. I.
THOMPSON, Douglas "Doug" Jerry - Santa Barbara News-Press . These criteria mirror Evidence Rules 401, 402, 403, and 404(b). This Court has jurisdiction under Indiana Appellate Rule 4(A)(7). 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. 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. 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. He didn't stomp on him; he didn't take a shotgun and nearly blow his head off. Facebook gives people the power. For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. Douglas Percy. 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. The trial court ruled that the State would be allowed "to simply explain presence and then cut it off and let's get on." . it is necessary that the information of prior, crimes be withheld from the jury until the instant case is decided." The bag Thompson carried contained several guns and Percy's bag contained marijuana and shell casings. The pathologist opined that Crandall died from a gunshot wound to the head. In light of this disposition, it is unnecessary to reach the remaining claims of error.12. This occurred with the apparent assent of all counsel. 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind.1990) (citing Brewer). Thompson pointed the gun at Crandall, but it made a clicking sound and would not fire. 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 jury therefore knew from the outset that Thompson had been a killer and a thief in the past. ." Percy did not see the location of the shot, but assumed that Thompson had shot Crandall in the head. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir.1987) (in prosecution for unlawful gun possession, recorded conversation between a police informant and the defendant about sale of the gun was properly admitted, but it was error to admit subsequent exchange on the same tape concerning unrelated drug sale). 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. 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. 13. Access to the murder weapon, particularly where the evidence is circumstantial as in this case, is such a permissible purpose. 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. 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. 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. 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. Thompson was charged and a jury convicted him on all counts. 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. Leonard v. United States, 378 U.S. 544, 84 S.Ct. Id.
Percy Thompson Profiles | Facebook Select this result to view Jerry Wayne Thompson's phone number, address, and more.
Jerry Thompson Obituary (1954 - 2020) | Sweetwater, Tennessee - Echovita . B. 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. Bowen v. State, 680 N.E.2d 536, 540 (Ind.1997) (improper comments about defendant's criminal background did not require reversal because evidence independently supported conviction for burglary); United States v. Burke, 948 F.2d 23, 28 (1st 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). Jerry shot the drug dealer with a shotgun, execution style. 7. 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. There is no doubt that Percy's credibility was critical to the State's case. 1997). It is always difficult saying goodbye to someone we love and cherish. The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. DICKSON, SULLIVAN and SELBY, JJ., concur. One thing was certain, by the time he reached manhood, Jerry Thompson was a savage killer. 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. Id. Not every aggravator needs to be kept from the jury. 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. 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. He has a very deep voice, and his hairstyle is a crew cut with a single strand of hair in a ponytail. 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. 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. Indeed, the State does not contend that these were signature crimes. Percy testified that Thompson "shot" Crandall. He offers broad experience in skills like . . 1995). 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. Includes Address (14) Phone (8) Email (7) See Results. 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. 1997) (improper comments about defendant's criminal background did not require reversal because evidence independently supported conviction for burglary); United States v. Burke, 948 F.2d 23, 28 (1st Cir. . II. at 321, were unfairly prejudicial and required a new trial. Ind.Evidence Rule 103(a) (reversible error not established unless a substantial right of the party is affected). 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. And, as Evans put it, if the aggravating circumstances are prior unrelated crimes it is necessary that the information of prior crimes be withheld from the jury until the instant case is decided. Evans, 563 N.E.2d at 1259. The serial numbers on the handgun were ground off. Thus it was error to inform jurors of Thompson's conviction of Crandall's murder prior to the penalty phase. 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. These criteria mirror Evidence Rules 401, 402, 403, and 404(b). 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. Ct. App. The propensity evidence in this case crossed that line by a wide margin. Jerry A Thompson, 80. 1991) ("bootstrapping" testimony related to extrinsic acts is admissible but only to the extent it is relevant to a material fact). In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. Conclusion The convictions and sentence are reversed. Douglas is related to Greg S Percy and Theresa Marie Percy as well as 1 additional person. 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. A. If so, the jury necessarily learns of the aggravating circumstance in the course of the guilt phase. The fact of a shotgun wound could perhaps have been established by a police officer or otherwise without getting into whether it was fatal. They found the 41-year-old inmate on the floor with stab wounds. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web.