doug percy jerry thompson

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. The jury's verdict reflects a decision to credit Percy's testimony that this, Court, as an appellate tribunal, would ordinarily not question. 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. 1992). 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. 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 State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. AT THE TIME, THOMPSON WAS ON DIRECT APPEAL FROM HIS DEATH SENTENCE FOLLOWING A RETRIAL IN MARION COUNTY. And, as Evans put it, if the aggravating circumstances are "prior unrelated crimes . Hardin v. State, 611 N.E.2d 123, 129 (Ind. 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. 285, 102 L.Ed.2d 265 (1988). United States v. York, 933 F.2d 1343, 1353-54 (7th Cir. Trafficking Indictment Filed Against 60 People in Conspiracy That . 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. Indeed, the State does not contend that these were signature crimes. Unnecessary and inflammatory detail may require reversal. 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 in the event that any such attack may open the door to the use of such evidence. 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. 1986). 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. 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. This [is] the gun that came from there. The jury's verdict reflects a decision to credit Percy's testimony that this Court, as an appellate tribunal, would ordinarily not question. Ind.Evidence Rule 103(a) (reversible error not established unless a substantial right of the party is affected). Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. Percy did not testify that Crandall was killed in his presence, only that he assumed Thompson shot him in the head. This occurred with the apparent assent of all counsel. The State all but urged the jury to make the forbidden inference. Rule 404(b) is on the books because evidence of prior crimes is presumptively prejudicial. at 368, 417 N.E.2d at 906. Rule 403 required exclusion More importantly, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. 6. 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. Ind.Code 35-50-2-9(b)(1) (Supp.1990). 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. He appeals. 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. 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. Larry Sells Tells Of The Most Dangerous Man He Has Ever Prosecuted In Under these circumstances, the errors were not harmless.See footnote 11 See Wickizer v. State, 626 N.E.2d 795, 800-01 (Ind. For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. Douglas Percy. While we have reversed on the basis of evidence improperly admitted during the State's case in chief, it might turn out that discrete pieces of this evidence would be admissible as rebuttal. He had no conscience about rape, child molestation, or thrashing a dozen men in a prison fight. Opening arguments The State emphasized the details of Crandall's killing from the beginning. View the profiles of people named Jerry Thompson. 12. 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. Facebook gives people the power to share and makes the world more open and connected. 1983, trial court committed reversible error by informing jury sua sponte during voir dire of inmate's prior convictions for rape and sexual assault). See, e.g., Taylor v. State, 659 N.E.2d 535, 542-43 (Ind. Copyright 2023, Thomson Reuters. The allegedly corroborative evidence here was irrelevant. When this mandate is observed, the conviction will not be disturbed. Far more importantly what somebody has to lose. Percy was the only witness conclusively placing Thompson at the scene. He did not break 5'10, 130 pound Wesley Crandall's neck. Doug was born in San Jose, California on February 3, 1958. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. 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. Although corroboration of collateral facts is sometimes permissible to show credibility, see, e.g., Ind.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. The rules of evidence require courts to guard against exploitation of those details. Jerry Don Thompson - President - Voyager Energy Services - LinkedIn Percy testified that Thompson shot Crandall. ." This site is protected by reCAPTCHA and the Google. Brewer noted that, as in habitual offender proceedings, the death penalty information must be pleaded on a separate page from the charging instrument to shield [the defendant] from the hazard of having the knowledge of his prior criminal record prematurely imparted to the jury.5 Brewer, 275 Ind. 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. denied; Pirnat v. State, 612 N.E.2d 153, 155 (Ind. 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. 1976) (admission of a "rap sheet" detailing the defendant's criminal record, including prior convictions, was reversible error). In any event, the jury in this case did not and could not know all of the record in the Crandall trial. Jerry K. THOMPSON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). 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. 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. 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. Ind.Code 35-42-1-1(1) (Supp.1989). You can send your sympathy in the guestbook provided and share it with the . 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. 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 . Wooden v. State, 657 N.E.2d 109, 111 (Ind. 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. 49G03-9204-CF-60651, I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. THOMPSON SUFFERED SEVERAL FATAL STAB WOUNDS. Champlain v. State, 681 N.E.2d 696, 702 (Ind.1997). Jerry as Percy Frank's Father as Toby Bart (from The Simpsons) as Duck Carl (from The Simpsons) as Donald Lenny (from The Simpsons) as Douglas Milhouse (from The Simpsons) as Oliver Nelson (from The Simpsons) as Diesel Skipper (from Skipper & Skeeto) as Skarloey Skeeto (from Skipper & Skeeto) as Rheneas . 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. . See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir. In light of this disposition, it is unnecessary to reach the remaining claims of error.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. Percy's credibility was critical to the State's case. . 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. 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. A. Pretrial developments The admissibility of the Crandall murder evidence was contested from the outset. As noted, the extraneous Crandall murder evidence was not admissible for this purpose. His testimony was an essential element in the chain of evidence pointing to Thompson as the killer. Id. 2d 265 (1988). III. Jerry K. Thompson was convicted of two counts of murder,1 two counts of robbery,2 and one count of carrying a handgun without a license.3 The trial court sentenced Thompson to death for the murders and imposed a term of years for the other convictions. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident . Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. 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. 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. Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. For example, in United States v. Ostrowsky, 501 F.2d 318 (7th Cir. Jerry K. Thompson v. State of Indiana :: 1998 - Justia Law Thompson v. State :: 1997 :: Supreme Court of Indiana Decisions 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 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 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. 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. 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. Pay particular attention to Mr. Percy. Although corroboration of collateral facts is sometimes permissible to show credibility, see, e.g., Ind. 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. And, he took Wesley Crandall's guns. Lockhart v. Nelson, 488 U.S. 33, 109 S.Ct. 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. . 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. He didn't leave witnesses. Cf. in the event that any such attack may open the door to the use of such evidence." Jerry Don Thompson (born November 21, 1942) is Regents Professor of History at Texas A&M International University in Laredo, Texas. 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. 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 . ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). Doug's military training took place in Hastings. Percy Douglas Thompson was born circa 1889, to Henry Maxwell Thompson and Jannet Isabella Watson. Facebook gives people the power. Join Facebook to connect with Percy Thompson and others you may know. The jury also returned convictions for two counts of felony murder, Ind.Code 35-42-1-1(2) (Supp.1989), which were merged into the murder convictions. Contact us. 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. The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. Evidence of Prior Uncharged Misconduct 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. 2. Jerry Thompson Profiles | Facebook 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. Thompson and Percy each grabbed a large trash bag and drove back to Indianapolis. Also known as Jerry Gthompson. 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. 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. You can explore additional available newsletters here. As discussed in footnote 8 supra, this is a prior consistent statement. . The State's claim that any prejudice to Thompson was cured by a limiting instruction is unpersuasive. 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. Far more importantly what somebody has to lose. . See, e.g., Watson v. State, 540 N.E.2d 598 (Ind. The State responds that a portrayal of the Crandall murder was not prohibited by Rule 404(b) because it helped prove Thompson's identity as the killer. Jerry shot the drug dealer with a shotgun, execution style. Lockhart v. State, 609 N.E.2d 1093, 1097 (Ind.1993). In any event, as explained in Part III infra, Featheringill's testimony was not relevant to the material fact of Thompson's access to the murder weapon and therefore should not have been admitted. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind.1996). 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. These authorities, e.g., Maldonado v. State, 265 Ind. This Court has jurisdiction under Indiana Appellate Rule 4(A)(7). There is no doubt that Percy's credibility was critical to the State's case. Bill Percy - Partner - Thompson Dorfman Sweatman | ZoomInfo Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? Without that knowledge it is impossible to conclude what, if any, validation of Percy the conviction represents. Application of the Indiana Rules of Evidence. Two witnesses-the forensic pathologist and Percy's friend Mike Featheringill-testified to how Crandall died. at 321, were unfairly prejudicial and required a new trial. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. 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. 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. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. Percy passed away in 1948, at age 59 at death place. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. The rules of evidence require courts to guard against exploitation of those details. . See Part I supra. The officers put the other prisoners back in the cells, then recovered several knives from the . On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. [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. Douglas is related to Greg S Percy and Theresa Marie Percy as well as 1 additional person. Factual and Procedural History On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. 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 retrieved a pillow from another room, placed it over Crandall's head, and fired. We first examine what went on in the trial court. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. Such evidence is highly prejudicial. Loveless v. State, 240 Ind. 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. In sum, the parties and the court concluded before trial that Thompson's access to the murder weapon was relevant to proving that he was the killer. And, he took Wesley Crandall's money that was there, and the marihuana. 1996) (internal quotation marks omitted). Thompson is currently serving a ninety-year sentence for that crime. In and of itself, no. There is nothing in the record indicating on what basis it was admitted into evidence over Thompson's objection. And, he took Wesley Crandall's money that was there, and the marihuana. Arguably this prerequisite is not satisfied here. 9. II. 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. 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). In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. The identity exception to the general prohibition on propensity evidence is crafted primarily for signature crimes with a common modus operandi. "See footnote 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. That's what identifies him with being associated with that gun. 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. 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. Thompson's contention is meritless. 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. In this review, we do not reweigh evidence or assess the credibility of witnesses. doug percy jerry thompson FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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). That is not the end of the analysis, however. Percy did not assert his knowledge of that fact or whether Crandall died from the shot. And, he took Wesley Crandall's guns Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. . In any event, the jury in this case did not and could not know all of the record in the Crandall trial. That conviction was affirmed on direct appeal. 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. [2] 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.. He appeals. The trial court denied Thompson's motion, ruling that the State could show "how a weapon of the crime was obtained. 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. 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. . If so, the jury necessarily learns of the aggravating circumstance in the course of the guilt phase. 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. The fact of a shotgun wound could perhaps have been established by a police officer or otherwise without getting into whether it was fatal. That is not the end of the analysis, however. 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. When Featheringill was asked about the events in New Castle, the defense objected on hearsay grounds. Loveless v. State, 240 Ind. 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. 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. Although the State conceded that Percy had some culpability in both crimes, Percy's role was distinguished from Thompson's: All of us know Doug Percy is not blameless in this, and at the very least, he assisted Jerry Thompson, after these horrible murders were committed [T]he Evidence shows that [Percy] did nothing to kill either of those 3 men. View the profiles of people named Percy Thompson. I. 5. . 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. IN Supreme Court Opinions and Cases | FindLaw

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