Jury acquits woman of first-degree murder
Panel deadlocked on lesser charge for Blount mother who killed daughter's alleged rapist
By JAMIE SATTERFIELD,
[email protected]
April 16, 2005
MARYVILLE - After more than 14 hours of deliberations, a Blount County jury on Friday acquitted a mother who killed her daughter's alleged rapist of first-degree murder.
But Kimberly E. Cunningham, 33, of Knoxville is not in the clear. Jurors deadlocked on whether she should be convicted of a lesser charge.
"They're relieved because Mom goes home tonight," defense attorney Bruce Poston said of the Cunningham family's reaction to the jury's announcement. "It was huge that they rendered a (not guilty) verdict on first-degree murder. By eliminating first, a new trial starts at (a charge of) second-degree (murder)."
The difference is vast. A conviction on first-degree murder would have netted Cunningham a minimum 51-year prison term. The maximum sentence for second-degree murder is 25 years.
Cunningham shot Coy Calloway Hundley eight times in the parking lot of Slide Lock Tool Co. on Topside Road in Alcoa in October 2003. Four of those gunshot wounds were to his head.
Blount County Assistant District Attorney General Robert Headrick argued that Cunningham went to Hundley's workplace armed and planning to kill him. He pointed to the fact that she emptied her five-shot revolver and then reloaded and emptied the gun a second time in the fatal shooting.
Headrick could not be immediately reached for comment Friday evening. Hundley's relatives have declined during the trial to comment.
Cunningham has testified that on the day of the fatal shooting she learned that Hundley had allegedly raped her youngest daughter. She contended she only went to his workplace to confront him.
She testified Hundley laughed at her and mocked her. She insisted she did not remember killing him.
She testified that she was already grappling with allegations that Hundley's teenage son had molested that same daughter and her son, and she had gotten a permit to carry a gun after Hundley allegedly threatened her over those allegations.
Poston had urged jurors to acquit Cunningham of any homicide charge, arguing that she was in a "trance-like" state and unaware of what she was doing.
The trial, presided over by Judge Kelly Thomas, was an emotional one, with Cunningham's youngest daughter and son both testifying about alleged molestation. Her husband of 18 years buried his head in his hands during his children's testimony.
Emotions ran even higher when, just two hours after deliberations began Thursday, jurors told Thomas they had a question.
"Does Tennessee have a death penalty?" they wrote to the judge.
The question unnerved Poston and left the Cunningham family in tears.
Thomas answered the panel by saying, "Tennessee does have the death penalty, but the state is not seeking the death penalty in this case."
The jury announced their decision around 6:30 p.m. Friday.
Although Poston said he considered the acquittal a victory, he was shocked the issue of premeditation was even up for debate. At worst, Poston has argued, Cunningham could be convicted of voluntary manslaughter, which is the killing of a person in the heat of passion.
"It still stuns me that when a mother is told her daughter was raped that a jury wouldn't consider that in the heat of passion in terms of the shooting," he said.
Under Tennessee law, there is no one-size-fits-all definition of murder. Instead, there are degrees with each carrying different penalties. The differences revolve around how culpable a person is for a death.
A person who plots to kill someone - the so-called cold-blooded killer - rates the highest charge and the toughest penalty. Next comes second-degree murder, in which a person did not plan a slaying but knew exactly what he or she was doing when committing the murder.
Voluntary manslaughter is the killing of someone in the heat of passion. The man who finds his wife in a compromising position with his best friend and kills them in an eruption of fury is the most familiar example.
Reckless homicide and criminally negligent homicide involve cases where a person's conduct causes death, though that person did not intend to kill anyone.
Thomas set a May 17 status conference on Cunningham's case to determine if prosecutors will seek a trial on second-degree murder charges or if the case can be resolved with a plea agreement.
Knoxville lawyer Bruce Poston and the family of Kimberly Cunningham gather for a hug in the front of a Blount County courtroom. Cunningham was acquitted Friday of first-degree murder in the slaying of Coy Callaway Hundley.
Jamie Satterfield may be reached at 865-342-6308.
