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.
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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.
Another potential example of the common failure of the American "justice" system
This is Senator Alexander's hometown.
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.
"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.
You are too right.
See post #24.
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.
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.
Then there's Tawana Brawley. Darn good thing that people's trigger fingers were slow in that case.
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.
A jail sentence for the permanent removal of my daughter's rapist
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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.
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.
Hey she was just taking out the garbage..........
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.
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.
10 year old kids don't usually have a political/social agenda.
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