Inexplicably, Featheringill was also permitted to relate, Percy's account of an "execution style" shooting.See footnote 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. Such evidence is highly prejudicial." Mar 3, 2022 Mar 3, 2022; Facebook; Twitter; WhatsApp; SMS; . ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). In light of this disposition, it is unnecessary to reach the remaining claims of error.12. 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." Doug was born in San Jose, California on February 3, 1958. Jerry Thompson Obituary. He didn't stomp on him; he didn't take a shotgun and nearly blow his head off. 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). 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. Indiana Evidence Rule 404(b) provides that [e]vidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It cannot be expected to make its decision in a void United States v. Moore, 735 F.2d 289, 292 (8th Cir.1984). Learn more about FindLaws newsletters, including our terms of use and privacy policy. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. . He worked in the kitchens and as a driver and mechanic. Thompson v. State, 671 N.E.2d 1165 (Ind.1996). 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. ." 1992). Under these circumstances, the errors were not harmless.See footnote 11 See Wickizer v. State, 626 N.E.2d 795, 800-01 (Ind. He did not break 5'10, 130 pound Wesley Crandall's neck. Hardin v. State, 611 N.E.2d 123, 129 (Ind. 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. 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. Served in France in Second World War and managed to avoid any wounds or capture. . 13. Thompson retrieved a pillow from another room, placed it over Crandall's head, and fired. . Reading of Death Penalty Information in Voir Dire. Douglas Percy. Douglas (Doug) Jerry Thompson | Obituaries | syvnews.com Id. 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. 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. IN Supreme Court Opinions and Cases | FindLaw He appeals. Percy did not see the location of the shot, but assumed that Thompson had shot Crandall in the head. Brewer v. State, 275 Ind. This discussion of the Crandall murder followed: [W]hen [Percy] came forward to the Police he insisted that he needed to tell them about something that happened in New Castle, Indiana. Resides in Mead, WA. SHEPARD, C.J., concurs with separate opinion. He went to elementary school in Solvang and graduated from Santa Barbara High School in 1976. Ind.Code 35-50-2-9(b)(1) (Supp.1990). In and of itself, no. 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). View the profiles of people named Jerry Thompson Thompson. 6. 7. [T]he Evidence shows that [Percy] did nothing to kill either of those 3 men. . We first examine what went on in the trial court. In and of itself, no. Lockhart v. State, 609 N.E.2d 1093, 1097 (Ind.1993). Percy was the only witness conclusively placing Thompson at the scene. As the defense's opening statement put it: Who does [the State] say was with Mr. Thompson in New Castle? 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. 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. United States v. York, 933 F.2d 1343, 1353-54 (7th Cir. "See footnote 5 Brewer, 275 Ind. He appeals. . The serial numbers on the handgun were ground off. One of the aggravating circumstances was Thompson's prior conviction of the murder of Wesley Crandall Jr., discussed in more detail below.4 Although it was proper to inform prospective jurors of the crimes charged, the trial court erred in advising the jury of the death penalty information before the sentencing phase. In a hearing outside the presence of the jury, the State asserted that proof of the conviction was relevant to show identity and because Percy's credibility had been attacked. This [is] the gun that came from there. One thing was certain, by the time he reached manhood, Jerry Thompson was a savage killer. Join Facebook to connect with Jerry Thompson and others you may know. 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. Jerry Thompson, his brothers David (Lisa) and Dan (Ana) Thompson, his nephews, Lucas . 12. There is no doubt that Percy's credibility was critical to the State's case. 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. Indeed, our decisions have cautioned that evidence of prior misconduct offered to bolster a key witness's testimony as to the current charge, although often probative on that point, is also quite prejudicial. Ct. App. This site is protected by reCAPTCHA and the Google. The details of the prior murder were irrelevant. 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 Thompson - Historical records and family trees - MyHeritage The identity exception to the general prohibition on propensity evidence is crafted primarily for signature crimes with a common modus operandi. The proffered conviction here does not approach the probative value required to outweigh that prejudice under Rule 403. 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 State emphasized the details of Crandall's killing from the beginning. 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. Related To Andrea Thompson, Eric Thompson, Lloyd Thompson, Amanda Thompson, Brandy Thompson. That's what identifies him with being associated with that gun. 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. 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. . 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. About; Contact; Login; Search. 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. 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. As the defense's opening statement put it: Who does [the State] say was with Mr. Thompson in New Castle? 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind. The trial court denied Thompson's motion, ruling that the State could show "how a weapon of the crime was obtained. That is not the end of the analysis, however. That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. Thus it was error to inform jurors of Thompson's conviction of Crandall's murder prior to the penalty phase. 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. Brewer v. State, 275 Ind. The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. On February 14, 1991, he and Thompson went to Crandall's house to buy marijuana. doug percy jerry thompson. I. 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. 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. 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. Champlain v. State, 681 N.E.2d 696, 702 (Ind.1997). DICKSON, SULLIVAN and SELBY, JJ., concur. 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." . 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. 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. I. 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. in the event that any such attack may open the door to the use of such evidence." In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. 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). United States v. Smith, 80 F.3d 1188, 1193 (7th Cir.1996) (internal quotation marks omitted). Lila Thompson (1967-1971), Percy Douglas (1984-1988), Shynese Sangster (2002-2006) Control profile. 1996). If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. Jerry is related to Virginia Ann Thompson . They have also lived in Phippsburg, ME and Beverly, MA. 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. Jerry Thompson Obituary (1954 - 2020) | Sweetwater, Tennessee - Echovita Percy Femur | Doug Wiki | Fandom 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. 1989) (citation omitted), the Double Jeopardy Clause does not preclude a retrial. Access to the murder weapon, particularly where the evidence is circumstantial as in this case, is such a permissible purpose. Sign up for our free summaries and get the latest delivered directly to you. 10+ "Doug Percy" profiles | LinkedIn It is always difficult saying goodbye to someone we love and cherish. The rules of evidence require courts to guard against exploitation of those details. 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. 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. 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. Thompson pointed the gun at Crandall, but it made a clicking sound and would not fire. 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. Jerry shot the drug dealer with a shotgun, execution style. Rule 404(b) is on the books because evidence of prior crimes is presumptively prejudicial. Reading of Death Penalty Information in Voir Dire We first take up an issue not raised by the parties. 2056, 23 L.Ed.2d 707 (1969). Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 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. Wooden v. State, 657 N.E.2d 109, 111 (Ind. This Court has jurisdiction under Indiana Appellate Rule 4(A)(7). When Featheringill was asked about the events in New Castle, the defense objected on hearsay grounds. 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. Stay up-to-date with how the law affects your life. That conviction was affirmed on direct appeal. Even oblique or apparently innocuous references to prior convictions are impermissible. In the end, an impermissible flood of damaging propensity evidence washed away Thompson's right to a fair trial. Percy did not testify that Crandall was killed in his presence, only that he assumed Thompson shot him in the head. 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. 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. 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. The trial court denied Thompson's motion, ruling that the State could show how a weapon of the crime was obtained. The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. Two witnesses-the forensic pathologist and Percy's friend Mike Featheringill-testified to how Crandall died. Conviction there could have been based on forensic or other evidence wholly independent of Percy's testimony. 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.