The State maintained that it understood the pretrial ruling on Rule 404(b) to allow evidence of the conviction itself, and that it relied on this interpretation in referring to the conviction in opening arguments. [1] He is a prolific author of books on a variety of related topics, specializing in the American Civil War, the history of the Southwestern United States, and Texas history. You can send your sympathy in the guestbook provided and share it with the . The second best result is Jerry Lamar Thompson age 60s in Portland, OR in the Eliot neighborhood. Without that knowledge it is impossible to conclude what, if any, validation of Percy the conviction represents. 1995). And, who does [the State] say was in Illinois in June of 1991, when [Thompson] was stopped by [Illinois police]? That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. Thompson was charged and a jury convicted him on all counts. Douglas (Doug) Jerry Thompson February 18, 2022. 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. Thompson and Percy each grabbed a large trash bag and drove back to Indianapolis. 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. 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. Without stating the basis for its ruling, the trial court allowed Featheringill's testimony. Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. 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. Rather than telling the jury to disregard the disputed evidence completely because it was not admissible for any purpose, the limiting instruction here instructed the jury to limit its consideration of prior acts to identity. 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. That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. He has a very deep voice, and his hairstyle is a crew cut with a single strand of hair in a ponytail. 49G03-9204-CF-60651, I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. We have little difficulty concluding that the fact and manner of Crandall's death, and Thompson's murder conviction, were highly prejudicial to Thompson. 9. Cf. His testimony was an essential element in the chain of evidence pointing to Thompson as the killer. Douglas Percy. 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. 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. However, the jury's apparent decision to believe Percy may have turned on the wrongly admitted evidence. Percy was the only witness conclusively placing Thompson at the scene. In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. Brewer v. State, 275 Ind. The defense asked jurors to "think about what somebody's got to gain when they testify. He did not break 510, 130 pound Wesley Crandall's neck. Percy did not testify that Crandall was killed in his presence, only that he assumed Thompson shot him in the head. 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. The relevance and balancing issues are reviewed for an abuse of discretion. in the event that any such attack may open the door to the use of such evidence." Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. To be admissible under this Rule, Percy's motive to fabricate had to have arisen after the prior statement was made. 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. 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 . 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. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. AT THE TIME, THOMPSON WAS ON DIRECT APPEAL FROM HIS DEATH SENTENCE FOLLOWING A RETRIAL IN MARION COUNTY. Far more importantly what somebody has to lose. 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. [T]he Evidence shows that [Percy] did nothing to kill either of those 3 men. Sign up for our free summaries and get the latest delivered directly to you. These criteria mirror Evidence Rules 401, 402, 403, and 404(b). Bill Percy - Partner - Thompson Dorfman Sweatman | ZoomInfo The serial numbers on the handgun were ground off. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. Copyright 2023, Thomson Reuters. Application of the Indiana Rules of Evidence. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). 12. First, this does not remove the stain of admitting the conviction into evidence in view of the instruction that the jury is to consider only evidence in reaching its verdict, and not the charging information. Conclusion The convictions and sentence are reversed. 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. The trial court ruled that the State would be allowed to simply explain presence and then cut it off and let's get on., Percy gave the following account. 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. State prisoner stabbed to death | wthr.com That is not the end of the analysis, however. "See footnote 5 Brewer, 275 Ind. DICKSON, SULLIVAN and SELBY, JJ., concur. 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. 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. This [is] the gun that came from there. . 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. Lived In Spokane WA, Brush Prairie WA, Veradale WA, Battle Ground WA. Cf. . 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. See, e.g., Taylor v. State, 659 N.E.2d 535, 542-43 (Ind.1995). 534, 539, 166 N.E.2d 864, 866 (1960) (in prosecution for burglary, erroneous admission of defendant's alleged involvement in prior burglaries required new trial). 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. Thompson retrieved a pillow from another room, placed it over Crandall's head, and fired. 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 the Eighth Circuit put it in rejecting a Federal Evidence Rule 404(b) challenge: A jury is entitled to know the circumstances and background of a criminal charge. One thing was certain, by the time he reached manhood, Jerry Thompson was a savage killer. Thompson filed a motion in limine before trial objecting to the admission of any evidence related to Crandall's death, including the fact of Thompson's conviction for that murder. 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. Cf. Lila Thompson (1967-1971), Percy Douglas (1984-1988), Shynese Sangster (2002-2006) Control profile. 1696, 12 L.Ed.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.1994) (in action against prison officials under 42 U.S.C. Fox v. State, 497 N.E.2d 221, 224 (Ind.1986). for the killing of the man from whom this gun was taken." 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. Without explanation, the trial court ruled that the conviction was admissible. Join Facebook to connect with Jerry Thompson and others you may know. authorities those things that he knew, [Percy] solved 3 murders. 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. Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. 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." Percy did not see the location of the shot, but assumed that Thompson had shot Crandall in the head. About; Contact; Login; Search. Jerry Don Thompson - President - Voyager Energy Services - LinkedIn

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