Skip to comments.Mother Sentenced to Four Years in Death of Daughter's Rapist
Posted on 12/19/2005 6:40:52 PM PST by mcg2000
MARYVILLE, Tenn. A mother charged in the shooting death of a man she said raped her young daughter was sentenced to four years in prison today.
Authorities say Kimberly Cunningham must serve nearly a third of the sentence before being eligible for parole, The Knoxville News Sentinel reports.
Her attorney Bruce Poston told Blount County Circuit Court Judge D. Kelly Thomas that he would appeal the sentence.
In October Cunningham was found guilty of voluntary manslaughter in the death of Coy Hundley, her daughter's uncle.
Cunningham was tried on a charge of first-degree murder in April in the case, but the jury acquitted her of that charge and deadlocked on all lesser charges.
Cunningham has served about two months in jail since the October 7th 2003 killing and Poston said that would be deducted from her sentence.
Copyright 2005 Associated Press.
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
I'm sorry for your situation early in life, but that stat is just BS.
What happened to you sucks, but now you are advocating that the burden of proof on any sexual crime be lowered to a mere accusation. That is not justice, it's misguided revenge on people that weren't even involved in your situation. This is no different that a black person that had a bad experience with a white racist in their youth and now sees racism behind around every corner.
Oh, and children have always had the mental complexity to fabricate accusations. This doesn't mean that all accusations are false, but to put a person in prison, the accusations should have corroborating evidence.
In your case, if corroborating evidence wasn't available, your parents still should have separated you from the family member. Your parents decisions sucked - it's their fault - not yours, but it's not the fault of other people that are falsely accused either.
Then you are a very dangerous person. A parent cannot go around killing people that they think may have hurt their child.
If so, that could have been presented to the police and used at trial.
I guess you have no problem is this mother is gunned down by one of the family members of the person she shot do you? The person she shot was someone's son too - she would only be avenging her child who was never even charged with the crime.
What makes you say that? The reason I'm asking is most of the incest/molestation survivors I know, few if any have faced their molestor. So the 'diminished' capacity of a child doesn't play when you're dealing with a 45 y/o Ex Navy Seal who is just now admitting to being molested by the adults in his family. I've discovered that most keep it to themselves or 'in the family'. But all have the scars and the problems to deal with.
When I was younger, I would have agreed with you. But now, I can say those numbers sound, 1 in 3, sound about right. In my circle of friends and family, its on the money.
I'm a dangerous person.
They acquitted her on the first degree murder charge, and they did her over on the lesser charges the 1st jury hung on. Thats right.
We recently had a similar case here in Green Bay.
A man was sent to prison for 18 years and was freed a couple of years ago when DNA evidence cleared him.
On Halloween a woman went missing after taking some photos for Auto Trader magazine of a car he had for sale. A couple of weeks later they found her remains in a burn pit near his house, her car hidden in his family's junk yard (with his blood inside), and her car key in his bedroom (his blood on it). So much for his wrongful imprisonment case against the county.
I'm not in favor of killing the perp based on someone's accusation, but if it were my daughter, I would confront the bastard. If he laughed at me and asked me what I was going to do about it, I wouldn't hesitate to cap him. Innocent people don't react that way.
True, but we don't know if he actually said that - that is just the mothers story. The mother showed up at his work and started leveling accusations which may or may not have been true - thanks to her temper no one will ever know.
Anyway, if someone showed up at my work and starting leveling accusations of something I didn't do, I'd probably tell them to "do whatever you want just hit the road".
I don't quite follow - on what grounds was he released?
Cue the banjo music....
The stat that was originally posted was 2 in 3, not 1 in 3. In any event, 1 in 3 is still an unsupportable high number.
God bless you and all the children like you and your cousins who have suffered at the hands of someone and yet their families still won't allow that guilty party to be prosecuted. I can't imagine that.
Uell if someone approached me about such an act I sure would not laugh and say what are you going to do about it. I would be asking questions and clearing my name ASAP.
Mamma may have known uncle had done this before to someone else. But the ones who do such acts in general have an arrogance as what can you do about it. Prove it. It's my word against yours etc.
Not in these cases they are usually among the first to know. They might lie about the homework but it takes a lot of doing to make up a molestation. A parent with a good ear can pick up on truth real quick. BTW it happens much more than you think. Likely in your own family. What would you do if your daughter told your wife she had been molested? Laugh at her? No you see in general the perp follows a quirk ritual and THAT is the give away. The next kid can likely describe the exact same act. Their goal is to steal a childs innocence.
If my arms were long enough, I'd give you a big ol' empathetic hug....:)
It made me into the person I am today and I'm quite pleased with that.
I'm not like them.
No defenseless creature within my sphere of influence will be harmed without redress.
Regretfully, this is just more evidence that you come from a very screwed up family.
Many families have high incidents of alcoholism. The proportion of alcoholics in one family is in no way indicative of the number in the general population.
Three out of the four males in my immediate family are doctors. By you logic, that would mean that three out of four males in the general population must be doctors. You see how silly that reasoning is?
That is horrible.
In MD a "mentally handicapped man" with a history of molestation/sexual assault [both child and adult] was paroled.
Within one week of his release, he snatched a beautiful little boy from a Frederick 7-11 and took him to a nearby baseball field dugout.
He sodomized him and then beat him to death with a bat.
I never heard whether the death penalty argument was settled or not.
Some felt it cruel because he was something like mildly retarded.
He knew enough to bait the child outside with a Slurpee, take him to a place where no one would see and then commit murder to cover the rape so, IMO, he knew he enough to be killed for it.
What can I say?
I guess this is just an innately silly issue to some people.
Here's hoping that you [and yours] lead a life charmed enough that you'll never have to eat your own words.
It's so easy to semantically dispute that which you have never lived.
Again, you only have her hearsay that he actually even said that.
Your reasoning is silly and flawed.
You were molested at a young age and that was horrible and criminal. From your posts this was not an isolated incident but a pattern in your family. If 3 out of the 4 women in your immediate family have been molested, it is likely that your parents did believe you but didn't care. That is horrible and I can certainly understand why you have such rage within you - I don't blame you.
What I am trying to do, however, is to point out that your rage, if you can't find away to relieve it, needs to be better focused. Not all people that are charged with a crime - especially sex crimes - are guilty.
From what you describe in your posts, your rage has made you hyper-protective to the point that it adversely effects your life. Saviour complexes are not healthy and can be very emotionally damaging.
I hate what happened to you, but killing people that are charged with crimes even before the facts can be sorted out is not the answer.
Have you asked God to help you with your pain? A heart still angered doesn't have a lot of room for Christ.
In the 34 years I've had to mull this over, *none* of that has ever occurred to me.
[thank you, Captain Obvious, for pointing it out]
If you take away nothing else from this endless rehashing of "silliness", take away this;
I am *not* unusual in this respect.
THIS is what happens to molested kids.
THIS is how messed up they are until the day they die.
THIS is why molesters "need killin'", as the old joke goes.
Do you have any notion of how hard it is to seek God's comfort or forgiveness when you've been brainwashed into taking all the blame for a "crime" you didn't commit?
The concept of trust and forgiveness takes a lot longer to sink in than with 'normal' people.
You're terribly concerned with the innocent being punished for crimes they didn't do.
Yeah, I can certainly appreciate that a lot better than
you probably ever could.
I have to stop with this now.
I'm in for the inevitable weeks of flashback nightmares already and I'd love to keep it from stretching into months.
God bless you for whatever help you may have been trying to give, in your own way.
Unless it is the only source of justice, which is becoming more and more the case.
I mentioned it because in your early posts, you implied that you parents did not believe you when you told them about the molestation. Since 2 out of the 4 women in your family have been molestation victims, the odds are high that they did believe you and were complicit.
I do regret that you had to endure what you went through in your childhood and while you will never forget, I do pray that you are able to find peace with it. From what I can tell, you are very much on that path. :-)
Just to be clear, I just want those accused of crimes to have their day in court. You were denied justice because your parents were complicit with the molestation and that is a totally different situation. Your parents were wrong in your circumstance and the woman in this story was wrong in her reactions in well - just in a different direction.
From Fitzgerald to these lowly jerks, please tell me...Why are prosecutors such assholes?
Mine was a brother. He has a daughter now. My children are not allowed around him; we have done the disappear from the family scene.
Thanks for the prayers.
I can use all the help that I can get.
No hard feelings, here.
Or her brother-in-law.
A sad, hard but ultimately wise choice for your childrens' sakes.
I hope he's one of those who differentiates between "his kids" and the kids of others, for the daughter's sake.
My bet's on that.
Looked twice then laughed at your tag.
I now one man who molested his daughter and grandkids. I know several others who tried it on their step daughters. One or two who made passes at early teen nieces etc. Only one ever did any time in jail. Another case in point I went to school with an idiot now doing 40/40 years back to back for raping a 6 year old.
No family is immune from this but some families chose to ignore it. The best thing any parent can do is educate their kids about where persons are allowed to touch them and when. Be weary of a realitave wanting to take kids into rooms and closing the door. Check on the kid. It may be innocent but it may not and a parent may not know for years to come. This stuff isn't new. It's went on ever since. It happened in the 50's & 60's as well as today.
And the word of her daughter she was twice raped by the man. Enough for me. Have you personally ever had to deal with a child molester or help their victims pick up the pieces? If not then you have much to learn.
Women have been known to lie about these things. You've implied that we want to disregard all allegations made by children - that is not the case. What we are saying is that before killing a man, we should collect all of the evidence we can.
If your husband pissed off some woman and she decided to make him pay by screaming rape - wouldn't you like him to have a chance to answer the charges rather than just being shot dead by the woman's mother?
LOL CVA 66 means The USS AMERICA CVA-66 a Navy aircraft carrier Snipe means Machinist Mate or one who works in the propullsion spaces. IOW I am a man :>} I will answer you question in private give me a few to get reply together OK.
Dr. Eugene J. Kanin of Purdue University investigated the incidences, in one small metropolitan community, of false rape allegations made to the police between 1978 and 1987. The falseness of the allegations was not decided by the police, or by Dr. Kanin; they were "... declared false only because the complainant admitted they are false." The number of false rape allegations in the studied period was 45; this was 41% of the 109 total complaints filed in this period. In Dr. Kanin's research, the complainants who made false allegations did so (by their own statements during recantation) for three major reasons: * providing an alibi; * a means of gaining revenge; and/or * a platform for seeking attention/sympathy.Link
What if the parents of the 45 women that falsely accused rape had gone out and killed the accused just on the word of their daughter?
LOL - sorry about that. I hope you did not take any offense. :-)
BTW, I do appreciate the civil nature that everyone in this thread is showing. It's refreshing to see people discuss a very emotional issue like this without getting all bent out of shape.
You really seem to have a dog in this hunt.
Makes me curious the angle that from which you're approaching all this.
I can't tell if you're naive' or just simply cold.
Just doing some late night catch up work.
Hang in there. Believe me, in the parallel universe I seem to live in, there are lots and lots of survivors. :)
And I'll stand by my 1 in 3. (Geez, some weeks it seems like 1 in 2 ;))
That number is wildly out of line with data from the Bureau of Justice Statistics. Please post a link to your source.
Why did you want this man silenced before he could answer the charges to the police and if necessary, court?
Taking a life is a big deal to me. I'm sorry that your heart is cold when it comes to taking a human life just on a whim.
Most cases do not get reported sad to say. The Justice Stats come from reported cases.
No problem I got a laugh. The Free Mail will shine some light on it all :>} I am looking at all sides of it.
See: "Jury Nullification"
Like I said,
I'm the wrong person to ask (remember, you asked me the question, I gave an honest answer)....
I wouldn't serve on a jury in a molestation case, I'm biased and I know it. I do feel some pity for the molested kids I've seen grow up into molestors who are now wards of the state because they can't control their impulses. They are damaged.
If someone screams in my arms that she wants her molester dead....I'll agree that he deserves to die. Believe me, cutting off a kids legs or blinding them would do less damage to their souls. You're crippled in ways you can't even imagine...this isn't a snark at you, but you don't seem to get where we're coming from on this.
I'm damaged, I know it. I'm putting my life back together bit by bit. But you asked a question, I gave an honest answer. I am the product of systematic, hyper-religious, super-self-righteous molestation, incest and abuse...the worst kind of evil there is. Once it has destroyed your innocence, life does take on a different cast.
Oh yeah, read my tagline hun ;)
No, they don't. They come from anonymous telephone interviews.
"The National Crime Victimization Survey (NCVS) Ongoing since 1972, this survey of households interviews about 75,000 persons age 12 and older in 42,000 households twice each year about their victimizations from crime."
Copied from here: http://www.ojp.usdoj.gov/bjs/glance/rape.htm
Then your parents simply don't love you. Sorry to be so blunt, but it's true, and they are unworthy of any loyalty you might have toward them.