He did not break 510, 130 pound Wesley Crandall's neck. ON OCTOBER 27, 2002, THOMPSON WAS FOUND DEAD IN THE RECREATION AREA OF A CELLBLOCK ON "X ROW" AT THE INDIANA STATE PRISON IN MICHIGAN CITY, INDIANA. 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. 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. What does Mr. Percy have to lose? 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. Because the effect of this testimony on the jury was at best speculative, and likely negligible in light of the more inflammatory evidence presented related to Crandall's murder, we see no basis for reversal on this point. And, who does [the State] say was in Illinois in June of 1991, when [Thompson] was stopped by [Illinois police]? 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. 1994) (in action against prison officials under 42 U.S.C. 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. 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. 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. Unnecessary and inflammatory detail may require reversal. That's what identifies him with being associated with that gun. The third result is Douglas Edwin Percy age 60s in Marblehead, MA in the Marblehead neighborhood. Before the trial in this case, Thompson was tried and convicted in Henry County of murdering Crandall. 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. Reading of Death Penalty Information in Voir Dire. . A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. Two witnesses -- the forensic pathologist and Percy's friend Mike Featheringill -- testified to how Crandall died. Prospective jurors were told the following: Jerry K. Thompson has been convicted of another Murder; that is, a judgment of conviction for the murder of Wesley A. Crandall, Junior, was entered against Jerry K. Thompson on the 15th day of June, 1993, in Henry County, Indiana, in cause #33D019207CF027 The three other aggravating circumstances were: (1) two counts of committing an intentional killing while committing or attempting to commit a robbery, Ind.Code 35-50-2-9(b)(1) (Supp.1990); and (2) one count of committing another murder at any time, Ind.Code 35-50-2-9(b)(8) (Supp.1990). We first take up an issue not raised by the parties. 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. Cf. It also placed Percy himself at each of these crime scenes. Bill Percy - Partner - Thompson Dorfman Sweatman | ZoomInfo 9. In and of itself, no. Douglas Percy Thompson - Wakefield Council 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. The bag Thompson carried contained several guns and Percy's bag contained marijuana and shell casings. The serial numbers on the handgun were ground off. Without explanation, the trial court ruled that the conviction was admissible. What particular pa. You're all set! 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." The State responded that his testimony was admissible under Evidence Rule 801(d)(1)(B) as a prior consistent statement to rebut Thompson's recent charge of improper motive. Percy Douglas Thompson was born circa 1889, to Henry Maxwell Thompson and Jannet Isabella Watson. After she had purchased the shotgun, Thompson and Percy altered the shotgun by shortening the barrel and fashioned a sling to carry the weapon. Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. Ct. App. Trafficking Indictment Filed Against 60 People in Conspiracy That We have little difficulty concluding that the fact and manner of Crandall's death, and Thompson's murder conviction, were highly prejudicial to Thompson. at 321, were unfairly prejudicial and required a new trial. The State's fallback position, advanced at oral argument in this Court, is that all evidence related to the Crandall murder was properly admitted because Percy's credibility was under attack. Factual and Procedural History On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. 1976) (admission of a "rap sheet" detailing the defendant's criminal record, including prior convictions, was reversible error). 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. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. . 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 . Evidence Rule 801(d)(1)(B), corroborative proof is limited by several considerations: (1) whether the challenged witness actually testified to what is sought to be corroborated; (2) whether the corroboration helps prove a material fact (relevance); and (3) whether the corroborative evidence, assuming it is relevant, is nonetheless so prejudicial that it must be excluded under Evidence Rule 403. 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." 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. Jerry Thompson, his brothers David (Lisa) and Dan (Ana) Thompson, his nephews, Lucas . 1995). 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. doug percy jerry thompson - edrobd.org Champlain v. State, 681 N.E.2d 696, 702 (Ind.1997). Percy carried Thompson's sawed-off shotgun into the residence. Thompson retrieved a pillow from another room, placed it over Crandall's head, and fired. 1995) (evidence as to defendant's four prior, convictions for dealing in cocaine should not have been admitted in prosecution for cocaine possession), trans. Percy testified that Thompson shot Crandall. We cannot conclude that these evidentiary errors were harmless. 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. 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. 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. Conclusion The convictions and sentence are reversed. cuando tu pareja te miente frases virginia rockhounding map doug percy jerry thompson. This [is] the gun that came from there. Ct. App. Thompson v. State :: 1996 :: Supreme Court of Indiana Decisions 285, 102 L.Ed.2d 265 (1988). 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. You can explore additional available newsletters here. 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. Such evidence is highly prejudicial. Loveless v. State, 240 Ind. Even oblique or apparently innocuous references to prior convictions are impermissible. 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. On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. Resides in Mead, WA. 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. If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. Jerry Don Thompson - President - Voyager Energy Services - LinkedIn As Brewer put it, in the latter situation [t]he killing and the robbery were the same res. Brewer, 275 Ind. The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. Their license was verified as active when we last checked. 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 . I. 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. 1993). 6. In the end, an impermissible flood of damaging propensity evidence washed away Thompson's right to a fair trial. The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. 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. It is valid as a logical proposition only if one has an understanding of all the dynamics of the Crandall trial. Indeed, the State does not contend that these were signature crimes. This Court has jurisdiction under Indiana Appellate Rule 4(A)(7). 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. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident . 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. Even oblique or apparently innocuous references to prior convictions are impermissible. He worked in the kitchens and as a driver and mechanic. 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. As Percy waited nearby in the living room, Thompson and Crandall spoke in the kitchen. at 321, were unfairly prejudicial and required a new trial. AT THE TIME, THOMPSON WAS ON DIRECT APPEAL FROM HIS DEATH SENTENCE FOLLOWING A RETRIAL IN MARION COUNTY. Without that knowledge it is impossible to conclude what, if any, "validation" of Percy the conviction represents. 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. Percy's credibility was critical to the State's case. 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. It also placed Percy himself at each of these crime scenes. 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. 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). 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. I don't think [Rule] 404 precludes the obtaining of the weapon, so the State will be allowed to introduce evidence of the obtaining of the weapon." THOMPSON SUFFERED SEVERAL FATAL STAB WOUNDS. That's what identifies him with being associated with that gun. Once he got his hands on a gun, any target would do. He appeals. Jerry Don Thompson serves as President of Voyager Energy Services and Vice President of Granbury Thompson Group offering SandX and Super Loop Products. Sometime after that 2 retarded men were coerced into admitting that they killed Wesley Crandall, were convicted; they went to prison, and but, for Doug Percy coming forward, they would probably still be there. On February 14, 1991, he and Thompson went to Crandall's house to buy marijuana. 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. If so, the jury necessarily learns of the aggravating circumstance in the course of the guilt phase. 1 . See, e.g., Watson v. State, 540 N.E.2d 598 (Ind. Id. And, he took Wesley Crandall's money that was there, and the marihuana. Thompson retrieved a pillow from another room, placed it over Crandall's head, and fired. See, e.g., Watson v. State, 540 N.E.2d 598 (Ind.1989) (testimony concerning prior robbery was admissible in murder trial because the defendant had stolen the same type of pistol used to kill the victim); United States v. Day, 591 F.2d 861 (D.C.Cir.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).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. III. Join Facebook to connect with Jerry Thompson and others you may know. Thompson pointed the gun at Crandall, but it made a clicking sound and would not fire. Evans, 563 N.E.2d at 1259. Inexplicably, Featheringill was also permitted to relate Percy's account of an execution style shooting.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. In March 1992, Percy approached Indianapolis police with . Ind.Evidence Rule 103(a) (reversible error not established unless a substantial right of the party is affected). Is proof of that conviction in New Castle, proof of his guilt in this case? 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. And, he took Wesley Crandall's guns. 1992). There are 10+ professionals named "Doug Percy", who use LinkedIn to exchange information, ideas, and opportunities. doug percy jerry thompson. 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. Wooden v. State, 657 N.E.2d 109, 111 (Ind.1995). 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. Served in France in Second World War and managed to avoid any wounds or capture. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). 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. The serial numbers on the handgun were ground off. Rather, he chose to attack Percy's credibility. 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. ), APPEAL FROM THE MARION SUPERIOR COURT The Honorable John R. Barney Jr., Judge Cause NO. The trial court denied Thompson's motion, ruling that the State could show how a weapon of the crime was obtained. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. 1983, trial court committed reversible error by informing jury sua sponte during voir dire of inmate's prior convictions for rape and sexual assault). 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. "See footnote 5 Brewer, 275 Ind. When Featheringill was asked about the events in New Castle, the defense objected on hearsay grounds. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. All contact info about Douglas E Percy, 61 from Marblehead, Massachusetts - address, e-mail, phone, public records, etc at Inforver FOR FREE. And, as Evans put it, if the aggravating circumstances are "prior unrelated crimes . Although corroboration of collateral facts is sometimes permissible to show credibility, see, e.g., Ind. In this review, we do not reweigh evidence or assess the credibility of witnesses. 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).
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