doug percy jerry thompson

The jury's verdict reflects a decision to credit Percy's testimony that this Court, as an appellate tribunal, would ordinarily not question. Bone.. Looks. 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. 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. 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. For example, in United States v. Ostrowsky, 501 F.2d 318 (7th Cir. Douglas Percy. Learn more about FindLaws newsletters, including our terms of use and privacy policy. It also placed Percy himself at each of these crime scenes. Accordingly, over Thompson's objection, an officer with the New Castle Police Department was allowed to testify that he attended Thompson's trial in Henry County for Crandall's murder, thirty to forty witnesses were called (including Percy), and that the jury convicted Thompson. The jury therefore knew from the outset that Thompson had been a killer and a thief in the past. This occurred with the apparent assent of all counsel. What does Mr. Percy have to lose? 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 State all but urged the jury to make the forbidden inference. The serial numbers on the handgun were ground off. Percy did not see the location of the shot, but assumed that Thompson had shot Crandall in the head. Percy did not assert his knowledge of that fact or whether Crandall died from the shot. Access to the murder weapon, particularly where the evidence is circumstantial as in this case, is such a permissible purpose. Thompson pointed the gun at Crandall, but it made a "clicking sound" and would not fire. 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. 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. Percy Douglas Thompson Percy Douglas Thompson in Australia, Victoria Marriage Index, 1837-1942. If so, the jury necessarily learns of the aggravating circumstance in the course of the guilt phase. 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. . In any event, the jury in this case did not and could not know all of the record in the Crandall trial. On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident 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. 1983, trial court committed reversible error by informing jury sua sponte during voir dire of inmate's prior convictions for rape and sexual assault). The best result we found for your search is Jerry Wayne Thompson age 70s in Portland, OR in the Maplewood neighborhood. . 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. Unnecessary and inflammatory detail may require reversal. 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. II. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. As noted, the extraneous Crandall murder evidence was not admissible for this purpose. A. A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? 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. Doug's military training took place in Hastings. Genealogy record of %1. Once he got his hands on a gun, any target would do. This site is protected by reCAPTCHA and the Google. Ct. App. Douglas Percy. In this review, we do not reweigh evidence or assess the credibility of witnesses. 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. Jerry Thompson Obituary. He didn't leave witnesses. And, he took Wesley Crandall's money that was there, and the marihuana. B. 1 . He then went to Seattle and graduated from the University of Washington. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 2d 265 (1988). We have little difficulty concluding that the fact and manner of Crandall's death, and Thompson's murder conviction, were highly prejudicial to Thompson. 5. 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. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. Their license was verified as active when we last checked. The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. Jerry shot the drug dealer with a shotgun, execution style. As discussed in footnote 8 supra, this is a prior consistent statement. The trial court denied Thompson's motion, ruling that the State could show "how a weapon of the crime was obtained. The email address cannot be subscribed. 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). . 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. Jerry Don Thompson (born November 21, 1942) is Regents Professor of History at Texas A&M International University in Laredo, Texas. We need not address whether this error is a ground for reversal in the absence of any objection by the defense because the convictions must be set aside for the reasons explained in Parts II and III. 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. Jerry K. THOMPSON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). The bag Thompson carried contained several guns and Percy's bag contained marijuana and shell casings. Id. He did not break 510, 130 pound Wesley Crandall's neck. In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. 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. 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. 492, 355 N.E.2d 843 (1976), however, stand for nothing more than what we have already concluded was permissible-a showing, with reasonable factual context, of access to the murder weapon. Ct. App. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. It also placed Percy himself at each of these crime scenes. That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. 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. at 321, were unfairly prejudicial and required a new trial. 1991) ("bootstrapping" testimony related to extrinsic acts is admissible but only to the extent it is relevant to a material fact). Two witnesses -- the forensic pathologist and Percy's friend Mike Featheringill -- testified to how Crandall died. SHEPARD, C.J., concurs with separate opinion. 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. 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. 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. 1995). See, e.g., Taylor v. State, 659 N.E.2d 535, 542-43 (Ind. Thompson was charged and a jury convicted him on all counts. People at Inforver; . Id. ), APPEAL FROM THE MARION SUPERIOR COURT The Honorable John R. Barney Jr., Judge Cause NO. The defense asked jurors to "think about what somebody's got to gain when they testify. You already receive all suggested Justia Opinion Summary Newsletters. These authorities, e.g., Maldonado v. State, 265 Ind. 1990) (citing Brewer). Facebook gives. 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind.1990) (citing Brewer). Without explanation, the trial court ruled that the conviction was admissible. 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. 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. 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. The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. However, the details of the killing, including the cause of death "as being two gunshot wounds in the head," id. Champlain v. State, 681 N.E.2d 696, 702 (Ind. Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. 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. 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. 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. 1991, and ballistics tests confirmed to be the weapon used to kill Hillis and Beeler. 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. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident . at 368, 417 N.E.2d at 906. As the defense's opening statement put it: Who does [the State] say was with Mr. Thompson in New Castle? Thompson and Percy had the first two guns with them when they were detained by Illinois police in June 1991.See footnote 7, On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. Join Facebook to connect with Percy Thompson and others you may know. 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. Brewer also established that the jury is impermissibly tainted "when the aggravating circumstance to be charged is either a prior murder conviction, a prior murder unrelated to the current offense, or a prior life sentence." 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. Access to the murder weapon, particularly where the evidence is circumstantial as in this case, is such a permissible purpose. Percy did not testify that Crandall was killed in his presence, only that he assumed Thompson shot him in the head. 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. Leonard v. United States, 378 U.S. 544, 84 S.Ct. The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. 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. I. at 321, were unfairly prejudicial and required a new trial. . 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. View the profiles of people named Jerry Thompson. Doug was born in San Jose, California on February 3, 1958. 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 convictions and sentence are reversed. He appeals. 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. The guards noticed a disturbance. 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). Id. 0. Double Jeopardy 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, See footnote 13 generally does not bar a retrial on the same crimes. They found the 41-year-old inmate on the floor with stab wounds. Hardin v. State, 611 N.E.2d 123, 129 (Ind.1993). Reading of Death Penalty Information in Voir Dire. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. Accordingly, over Thompson's objection, an officer with the New Castle Police Department was allowed to testify that he attended Thompson's trial in Henry County for Crandall's murder, thirty to forty witnesses were called (including Percy), and that the jury convicted Thompson. And, he took Wesley Crandall's guns Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. 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. 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." 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 . 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). 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. 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.

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