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Mother Sentenced to Four Years in Death of Daughter's Rapist
WMC TV - Memphis ^ | December 19, 2005 | Staff

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 This material may not be published, broadcast, rewritten, or redistributed.


TOPICS: News/Current Events; US: Kentucky; US: North Carolina; US: Tennessee
KEYWORDS: rapist; tennessee
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1 posted on 12/19/2005 6:40:53 PM PST by mcg2000
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To: mcg2000

So sad, the rapist got what he deserved, but if everythings true, she didn't. She deserves an award.


2 posted on 12/19/2005 6:42:20 PM PST by benjibrowder (Join the dark side. We have cookies!)
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To: mcg2000

The ACLU must be pleased.


3 posted on 12/19/2005 6:42:29 PM PST by msnimje (Political Correctness -- An OFFENSIVE attempt not to offend.)
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To: mcg2000
In October Cunningham was found guilty of voluntary manslaughter in the death of Coy Hundley, her daughter's uncle

Her brother?

4 posted on 12/19/2005 6:42:37 PM PST by neodad (Rule Number 1: Be Armed)
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To: mcg2000

Vigilante justice cannot be tolerated. All the same though, I'm glad that they let her off light.


5 posted on 12/19/2005 6:42:39 PM PST by Zeroisanumber
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To: msnimje

No, they're whining away about how this woman should be put on 'Death Row', or wait a minute...they're whining about how this woman should be sentenced to life w/o the possibility of parole


6 posted on 12/19/2005 6:43:51 PM PST by benjibrowder (Join the dark side. We have cookies!)
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To: neodad
Her brother?

Or brother of first husband.
7 posted on 12/19/2005 6:44:25 PM PST by msnimje (Political Correctness -- An OFFENSIVE attempt not to offend.)
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To: neodad

Could be brother-in-law? Hopefully ...


8 posted on 12/19/2005 6:44:54 PM PST by mcg2000 (New Orleans: The city that declared Jihad against The Red Cross.)
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To: neodad

Could be her father's brother.


9 posted on 12/19/2005 6:45:27 PM PST by benjibrowder (Join the dark side. We have cookies!)
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To: mcg2000

She had bad council. She had a clear case of diminished capacity.


10 posted on 12/19/2005 6:47:40 PM PST by Natural Law
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To: mcg2000
four years in prison today... must serve nearly a third of the sentence before being eligible for parole

That's about 16 months. I must say, if someone raped my daughter, 16 months in the clink would seem like nothing next to the grim satisfaction I'd get from shooting him down like a dog.

-ccm

11 posted on 12/19/2005 6:48:08 PM PST by ccmay
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To: neodad
Her brother?

O Brother, where art thou?

12 posted on 12/19/2005 6:48:18 PM PST by Bloody Sam Roberts (This is my tagline. There are many like it but this one is mine.)
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To: mcg2000
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.

If the jury acquitted on one charge and deadlocked on all other charges, how can she be going to jail?

13 posted on 12/19/2005 6:48:44 PM PST by nickcarraway (I'm Only Alive, Because a Judge Hasn't Ruled I Should Die...)
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To: mcg2000

She should get a reward for doing society a favor.


14 posted on 12/19/2005 6:48:54 PM PST by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: mcg2000
And if the man did not do what she accuses him of?
How does she know?
How do we know?

Do parents get one free kill if they play the "rape card"?

15 posted on 12/19/2005 6:49:31 PM PST by Teacher317
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To: mcg2000
shooting death of a man she said raped her young daughter

Well since he was executed I hope he was actually guilty, the "she said" part is disturbing. Maybe he did it, but I'd like the courts to take care of this sort of thing.
16 posted on 12/19/2005 6:50:18 PM PST by starbase (Understanding Written Propaganda (click "starbase" to learn 22 manipulating tricks!!))
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To: benjibrowder
Could just be her brother?!?
17 posted on 12/19/2005 6:50:41 PM PST by mcg2000 (New Orleans: The city that declared Jihad against The Red Cross.)
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To: Teacher317

So you're saying that we should drop the death penalty against every murderer for the fact that they may not have done it despite the evidence against them?

If I saw my daughter being raped, I would pull a gun on that rapist and blow his brains onto the wall.


18 posted on 12/19/2005 6:53:27 PM PST by benjibrowder (Join the dark side. We have cookies!)
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To: mcg2000

I don't think I could have voted to convict. I have 4 daughters and would do the same as this lady to anyone who made them cry.


19 posted on 12/19/2005 6:56:16 PM PST by Fierce Allegiance (I miss my dad. Ruudzdistvachxizax^ama ama slum tagadagan inix^sinaa imchix anuxtakus)
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To: nickcarraway


I wonder if the judge and/or DA just didn't like the jury's result. Double jepordy?


20 posted on 12/19/2005 6:56:45 PM PST by Fido969 ("And ye shall know the truth, and the truth shall make you free" (John 8:32).)
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To: Zeroisanumber
Vigilante justice cannot be tolerated. All the same though, I'm glad that they let her off light.

She likely knew Uncle Bubba would serve less time for the crime than she would for stopping any future family members from being his next trophy. Time served should suffice and her record expunged after 2 years. Child molesters generally do not stop with one child and if it's family members many can become the offenders victim as no one wants to air the families dirty laundry.

Unfortunately the courts would have likely went light on him. Such persons as the dead man leave deep rooted scars in their victims that last forever. At least the child knows Uncle Bubba can never do it again to her or anyone else for that matter. She has my sympathies and understanding. Had I been on the jury a Not Guilty would have been my vote on all counts.

21 posted on 12/19/2005 6:57:51 PM PST by cva66snipe
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To: benjibrowder

Another potential example of the common failure of the American "justice" system


22 posted on 12/19/2005 7:01:39 PM PST by Theodore R. (Cowardice is forever!)
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To: mcg2000

This is Senator Alexander's hometown.


23 posted on 12/19/2005 7:02:48 PM PST by Theodore R. (Cowardice is forever!)
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To: starbase

When I was 10, "I said" that my aunt's husband was molesting me.
I continued to say it for nearly 5 years.
Halfway through my 4th year, my little 10 year cousin came to me and "she said" he was molesting her.
"We both said" to our mothers and -nothing- was ever done about it.
[they didn't want to "ruin" my aunt's life]
Another cousin never said anything that any of us ever heard but suddenly her mother and my uncle completely disappeared from the family scene around the time that the cousin turned 10.

"The family" made up weird theories rather than face the likely probability.

The aunt that's married to the 'weird uncle' was a 4th grade teacher who often brought students to their home.

How many innocent lives were "touched" by that man because "she said" wasn't good enough?

He's living a wonderful life right now; a veritable pillar of the community and respected Christian.
Any accusation against him would be met with open derision, lacking the support of parents who believed what their kids had said.

The [now grown] little girls are all living varied degrees of living hells.


I applaud the parents who would go to such lengths to protect their children.

There are other parents who do nothing for fear of creating a "scene".


How I wish mine had been the former rather than the latter.



24 posted on 12/19/2005 7:06:55 PM PST by Salamander (Cursed With Second Sight)
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To: cva66snipe

"Had I been on the jury a Not Guilty would have been my vote on all counts."

That would have insured that you wouldn't have gotten the chance. The defense would have paid cab fare to send you home.


25 posted on 12/19/2005 7:07:13 PM PST by billhilly (Demo camo is yellow and white)
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To: cva66snipe

You are too right.
See post #24.


26 posted on 12/19/2005 7:08:00 PM PST by Salamander (Cursed With Second Sight)
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To: Zeroisanumber
Vigilante justice cannot be tolerated.

How is it better for today's government to pass judgement?

I am pleased when good things happen to good people, and bad to bad. I see no need to protest when desirable conditions are achieved.

27 posted on 12/19/2005 7:08:12 PM PST by deflion1
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To: Zeroisanumber

This is exactly the sort of case that Jury Nullification is designed for... yes she broke the letter of the law, but she did not act in a way any other reasonable mother would not act.

Jury should have acquitted... its why we have Jury's.. if it was nothing but letter of the law, there would be no need for them.

NO way I would have convicted her on any charges, stemming from this.


28 posted on 12/19/2005 7:12:14 PM PST by HamiltonJay
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To: mcg2000
She should get four years - of free groceries!
29 posted on 12/19/2005 7:12:23 PM PST by Ukiapah Heep (Shoes for Industry!)
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To: Salamander
"How many innocent lives were "touched" by that man because "she said" wasn't good enough?"

Then there's Tawana Brawley. Darn good thing that people's trigger fingers were slow in that case.

30 posted on 12/19/2005 7:16:52 PM PST by robertpaulsen
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To: mcg2000

My prediction.

She'll be the queen of whatever prison she gets stuck in.

The guards will be saluting her, the dykes will be protecting her instead of trying to seduce her.

It should be an easy 16 months for her.

IMO, this woman has some well-defined leadership qualities.


31 posted on 12/19/2005 7:17:00 PM PST by japaneseghost (()
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To: ccmay
four years in prison today... must serve nearly a third of the sentence before being eligible for parole

That's about 16 months. I must say, if someone raped my daughter, 16 months in the clink would seem like nothing next to the grim satisfaction I'd get from shooting him down like a dog.



 

A jail sentence for the permanent removal of my daughter's rapist
Sounds like a good trade


32 posted on 12/19/2005 7:17:13 PM PST by HangnJudge
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To: benjibrowder

That was not the case here, the daughter told her about a rape from several years back. Mom took a gun to his place of work and capped him.


33 posted on 12/19/2005 7:18:17 PM PST by When do we get liberated? ((God save us from the whining, useless, irrelevent left...))
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To: mcg2000
Such a shame she will miss part of her daughter's life. The filthy son of a bitch didn't just rape the girl, he raped the whole family.

Good on you Mrs. Cunningham. You did what had to be done to not only protect your daughter from a return visit by her "Uncle" but all the young women who he would have potentially preyed upon.

Too bad I wasn't on that jury, she would have walked.
34 posted on 12/19/2005 7:19:31 PM PST by Dr.Zoidberg (Whats with the Marquis of Queensbury Rules bullsh*t, we fight for our very survival! Fight Dirty!)
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To: nickcarraway

She was probably retried on one of the lesser deadlocked charges. If she had a hung jury they can retry her I think

I believe this character wasnt a real Uncle , but a person so close to the family the girl called him uncle.

To me she is a heroine.


35 posted on 12/19/2005 7:20:32 PM PST by sgtbono2002 (The alphabet channels --spying for the enemy.)
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To: When do we get liberated?

Hey she was just taking out the garbage..........


36 posted on 12/19/2005 7:20:44 PM PST by hatfieldmccoy (Satan has a new name and it is Islam)
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To: Zeroisanumber
Vigilante justice cannot be tolerated.

Considering this latest story of a judge who released a violent sexual predator, I do not agree with your sentiments.

Rapists and pedophiles have a ridiculously high recidivism rate. I'd say this woman did society a favor and should be given not only a medal, but a parade.

37 posted on 12/19/2005 7:25:13 PM PST by Prime Choice (We are RepubliCANs, not RepubliCAN'Ts.)
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To: Salamander
Wow, well I'm so sorry for your terrible experience. In your case it sounds like there was plenty of proof for suspicion and lot's of effort to bury it all, rather than address it. I am sorry.

In this particular case I only read that a woman "said" a man did something after she had shot him dead.

Based on your experience I think you're reading in a presumption of guilt, and based on my lack of any personal experience in this I think I'm reading in a presumption of innocence, or at least a right to trial.

I do understand the part about how the predator will spread to victim after victim. I read about one mother who sat in her car in her garage with her little daughter until they were both dead because she knew if she ran off with the daughter to protect her from the molesting ex-husband, and got caught later,then the ex-husband would get custody.

It's painful and difficult. But I'm not going to support just gunning people down as the standard way of doing things because then anyone can start killing legally for other reasons they can think of. It's human nature.
38 posted on 12/19/2005 7:25:36 PM PST by starbase (Understanding Written Propaganda (click "starbase" to learn 22 manipulating tricks!!))
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To: billhilly
That would have insured that you wouldn't have gotten the chance. The defense would have paid cab fare to send you home.

I meant on her jury. One thing Tennessee is known for is pathetic DA's including the one in my home county 2 counties north of where this took place. There is no way I would have voted a conviction. BTW this same senerio more or less nearly happened in my county last year. An angry mom went after a pervert.

39 posted on 12/19/2005 7:26:00 PM PST by cva66snipe (N)
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To: robertpaulsen

10 year old kids don't usually have a political/social agenda.


40 posted on 12/19/2005 7:27:30 PM PST by Salamander (Cursed With Second Sight)
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To: Salamander

Oh I am so deeply sad over what you and your cousins went through. How terrible your parents did not listen to and do something about what was happening. I hope and pray you all find peace and happiness as well. God help the perverts who hurt children. They will pay. They will. Good luck to you and to your cousins.


41 posted on 12/19/2005 7:27:53 PM PST by cubreporter (I trust Rush. He has done more for this country than anyone will ever know. He's A++)
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To: Bloody Sam Roberts
Her brother?

O Brother, where art thou?

Rotting in hell, I hope.

42 posted on 12/19/2005 7:30:08 PM PST by FLcitizen
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To: starbase

"I read about one mother who sat in her car in her garage with her little daughter until they were both dead because she knew if she ran off with the daughter to protect her from the molesting ex-husband, and got caught later,then the ex-husband would get custody"


Dear God.
What a choice to make.

There's always someone worse off than you are, I reckon.


43 posted on 12/19/2005 7:30:28 PM PST by Salamander (Cursed With Second Sight)
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To: mcg2000

Appealing this sentance would be a big mistake, she only has to serve a little over a year.


44 posted on 12/19/2005 7:30:59 PM PST by Husker24
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To: robertpaulsen

I dont know how peoples trigger fingers were slow , Didnt they kil a couple of innocent men?


45 posted on 12/19/2005 7:31:09 PM PST by sgtbono2002 (The alphabet channels --spying for the enemy.)
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Comment #46 Removed by Moderator

To: mcg2000

There was a somewhat similar case in Houston TX, where the judge (Mary Bacon) threw out the charges. The difference was the father caught the rapist in the act.


47 posted on 12/19/2005 7:33:17 PM PST by Fred Hayek (Liberalism is a mental disorder)
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To: cubreporter

I am very grateful for all prayers that I may find peace from it.

That's all I want now, mostly because I gave up any hope of "justice" long ago.


48 posted on 12/19/2005 7:33:25 PM PST by Salamander (Cursed With Second Sight)
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To: John Williams

I have no idea what he thinks about that.

He was one of the "very skilled" ones who could look you dead in the eye whilst fondling you and deny that anything untoward was happening at all.

A very chilling effect, that.
It made you doubt your sanity.

If he wouldn't admit it to me while he was doing it, I don't know whether he's ever admitted it to God and repented.


I kind of have to drop this now.

It's too upsetting.

God bless you for your concern.


Shari







49 posted on 12/19/2005 7:38:24 PM PST by Salamander (Cursed With Second Sight)
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To: mcg2000
There's a verse in the Bible about God's judgement on those who hurt children. "It would be better if a millstone were tied about his neck" (something to that effect).

The Lord will take care of those scumbags.

As for the woman who snapped and killed her child's rapist, I say shame on any jury that convicted her. Shame! How can they expect a person to act "sanely" when they're facing the reality of the horror of their child being raped?

50 posted on 12/19/2005 7:38:59 PM PST by Ciexyz (Let us always remember, the Lord is in control.)
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