Skip to comments.Cunningham convicted [of shooting man who raped her daughter]
Posted on 10/28/2005 10:09:54 AM PDT by 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.
Ah, I didn't realize there was already an admission of guilt. Never mind.
She should get a medal for shooting an unarmed person? I don't know what the truth of the incident was but this guy was innocent in the eyes of the law and she decided to brutally kill him.
What's to stop anyone else committing murder and making up some story of abuse or rape to cover up for the crime. You can either be on the side of law and order or on the side of ciminality. We can't allow people to take the law into their own hands.
If she'd been Tawara Brawley's mother, had believed her lies and gone and gunned someone down ... this thread would be very different in tone. We only have the mother's word that the guy "admitted it". I just don't know enough to be completely comfortable we're on the right side here.
That's impossible! 14 yr old girls always tell the truth. Their private testament to their family is more incontavertable than DNA evidence.
P.S. If you don't know it's sarcasm, head back to DU
"and 5 hours of community service."
Could that involve giving her a .45 and a list of names?
OK, I laughed :0)
Are you sure that it wasn't a mistrial?
If there was a witness to this, then she shouldn't have been prosecuted. It's justifiable homicide. Here in Texas, we'd say the guy "needed killin".
Do we really know that? Or did Ms. Cunningham simply say he said it, after the fact? Him being dead, there may be nobody around to corroborate.
Good shooting, Kimmy!
Good shooting, Kimmy!
This is clearly a case where Jury Nullification is justified. Of course, don't expect anyone sitting on a jury to ever be informed of what that concept is by anyone on the legal or judicial profession... And don't expect to be ever sitting on a Jury if you know what it is either.
Guys, it isn't charging her with different crimes until one sticks. Its the same crime. The first jury came back and said "we dunno" if she is guilty or not. So, you have got to find a jury that can make a decision.
You may not like it in this situation, that's fine. But it has long been the law, and its hardly unusual.
He needed a killin' works here in GA too.
Voluntary manslaughter is a more unusual lesser offense because it requires proof of sudden passion on the part of the defendant which excuses his or her culpable mental state. States vary on whether the defendant has the burden to prove sudden passion or whether the State has the burden to prove lack of sudden passion.
Double jeopardy does not come into play because the original jury neither convicted nor acquitted the defendant on the lesser offense of manslaughter. Since the jury did acquit the defendant on the greater charge of murder, the State could only re-try the defendant for the lesser offense.
Well, no it's not "justifiable homicide." It's just plain old criminal homicide. If the guy really did do it, I'm not shedding any tears over him. But Ms. Cunningham (nor anybody else) is allowed to simply kill those whom they think "need killin'".
>>>>He would be proud to go to jail for it too.
I think the same. Hurt one of mine and I'll have no hesitation to do the time. A parent has to defend his children, its part of the job.
However, I do agree that there is definitely a need to stay away from vigilante justice.