Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, March 18, 1995 TAG: 9503200039
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
As part of an agreement reached in Roanoke Circuit Court, Wilson pleaded guilty to second-degree murder and use of a firearm and was sentenced by Judge Robert P. Doherty to 28 years in prison.
Alfred Curtis Cunningham, 39, of Roanoke, was shot three times in the back and the neck shortly after he stepped out of a car on the 2300 block of Hanover Avenue Northwest and was met by Wilson and two teen-age boys.
Although a motive was not clear, Assistant Commonwealth's Attorney Gerald Teaster said a witness was prepared to testify that it appeared Cunningham and the three others were involved in a nighttime drug deal.
The two juveniles might have been reluctant witnesses, Teaster said, and it appeared likely they would have faced tough cross-examination had the case gone to trial next week.
"It would have been a significant part of our defense to destroy the credibility of the two juveniles," said Ray Ferris, a Roanoke lawyer who represented Wilson. Ferris said one of the youths has given several inconsistent statements, Ferris said.
While the juveniles have told police they heard gunshots and saw Wilson holding a handgun, both have said they did not see the shots being fired.
Afterwards, one of the juveniles called his girlfriend to tell her what had happened, Teaster said. She in turn called police, who found Cunningham lying next to the street when they arrived at Hanover Avenue.
Cunningham was taken to Roanoke Memorial Hospital, where he died 10 days later from complications caused by the gunshot wounds.
Wilson, 20, was convicted in 1993 of possession of cocaine with intent to distribute and was sentenced to three years in prison. He was released Sept. 2 on discretionary parole.
At the time of the killing, Wilson was facing a hearing at which prosecutors planned to ask that his probation be revoked and he be sent back to jail, based on several alleged violations of his probation.
As part of the agreement, Teaster agreed to drop charges against Wilson of robbery, use of a firearm and possession of a firearm as a convicted felon.
In accepting the agreement, both the prosecution and defense cited uncertainties over how a jury might react to the case. While prosecutors have seen juries return relatively light sentences in cases that involve drug dealing, Ferris was concerned that the mere mention of drugs might cause the jury to "overreact" against his client, who faced two life sentences.
Cunningham's family was satisfied with the 28-year-sentence, Teaster said.
by CNB