Cunningham convicted [of shooting man who raped her daughter]

Knoxville News Sentinel ^ | 10/28/5 | ROBERT WILSON

[SmithL]

MARYVILLE — Kimberly Cunningham, the 33-year-old South Knoxville woman who shot to death a man she believes raped her daughter twice when the child was 10, was convicted today of voluntary manslaughter in the man's death.

The verdict was returned about 10 a.m. by the seven-woman, five-man jury after five hours of deliberation Thursday and one hour today.

Cunningham had been on trial on a charge of second-degree murder, but the jury acquitted her of that and found her guilty of the lesser charge. She had already been tried once in the death of Coy Hundley.

In that trial last April, she was acquitted of first-degree murder, and the jury deadlocked on all lesser charges.

Cunningham will be sentenced on Dec. 19 by Judge D. Kelly Thomas in Blount County Circuit Court.

[Bonaparte]

It said "she believes" he raped her daughter. Was she right?

Thanks for being one of the small minority that asks that very pertinent question.

[SALChamps03]

Yep...that would have been a very long mistrial or not guilty verdict were I there.

[Bonaparte]

She has been tried again for the "same offense." It's a different offense (involuntary manslaughter) arising from the same act (homicide).

[Bonaparte]

Better make that, "she has NOT been tried twice for the same offense."