Assigned on Briefs February 7, 2017
from the Circuit Court for Madison County No. 14-423 Kyle
Defendant, Jonquarius Cunningham, was convicted of one count
of attempted second degree murder, one count of reckless
endangerment, two counts of employing a firearm during the
attempt to commit a dangerous felony, and two counts of
aggravated assault. The trial court sentenced the Defendant
to an effective sentence of twenty-three years'
incarceration. On appeal, he argues that the evidence is
insufficient to sustain his convictions and that the trial
court erred by ordering consecutive sentences. Upon review,
we affirm the judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Circuit
B. Cash, Jackson, Tennessee, for the Defendant-Appellant,
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Jerry
Woodall, District Attorney General; and Benjamin C. Mayo,
Assistant District Attorney General, for the Appellee, State
Camille R. McMullen, J., delivered the opinion of the court,
in which Thomas T. Woodall, P.J., and J. Ross Dyer, JJ.,
CAMILLE R. McMULLEN, JUDGE.
case concerns the shooting of the two victims, Gary Patrick
and Jerry Massengill, on July 21, 2013. The Defendant, who
was sixteen years old at the time of the offenses, was
originally charged in the Madison County Juvenile Court with
two counts of attempted first degree murder. In November
2013, the juvenile court transferred the Defendant's case
to the Madison County Circuit Court.
28, 2014, the Defendant and his co-defendant, Randy Taylor,
Jr., were indicted by a Madison County Grand Jury for two
counts of attempted first degree murder, two counts of
aggravated assault, and two counts of possession of a firearm
during the commission of the attempted first degree murders.
As relevant to the issues raised by the Defendant in this
appeal, the facts presented at the June 30, 2015, trial were
Patrick testified that, on July 21, 2013, he was on Conger
Street in Jackson, Tennessee to meet his friend, Jerry
Massengill. Patrick saw two classmates from school, the
Defendant and Taylor, as he was walking down the street with
Massengill. Patrick said that no words were exchanged as he
and Massengill passed by the Defendant and Taylor. Patrick
testified that "[a] second later [he] heard shots"
and he turned around to see both the Defendant and Taylor
shooting at him. Patrick also testified that they continued
shooting at him as he ran away and after he fell to the
ground. Patrick identified the Defendant at trial and in a
photographic lineup shortly after the shooting. Patrick was
shot thirteen times, including once in the neck, and was
paralyzed and confined to a wheelchair as a result of his
cross-examination, Patrick said that he had not talked to
either the Defendant or Taylor that morning. Regarding what
the shooters were wearing, Patrick could only recall that
Taylor was wearing a "fishing hat." Patrick
confirmed that he was deposed on November 1, 2013, while he
was still in the hospital. He did not recall the answers he
gave during the deposition, although he recalled
participating in the deposition. Patrick also confirmed that
he answered questions that the Defendant asked him on
Facebook. Patrick said that he did not remember the Facebook
conversation, although he confirmed the messages were sent
from his account. Defense counsel read the messages, in which
the Defendant asked, "What made you tell them I shot
you? What made you think that?" and to which Patrick
replied, "Cuz [sic] you're the only one I seen [sic]
run up and my big brother said you did."
redirect, Patrick confirmed that, at his deposition, he
repeatedly said that he saw the Defendant shooting at him.
Patrick also said that he only responded to the
Defendant's Facebook messages so that the Defendant would
leave him alone. On recross examination, Patrick said that he
could not describe the Defendant's gun but that he
remembered one shooter was wearing a hoodie and one was
wearing a fishing hat.
Massengill testified that he was Patrick's brother-in-law
and that they were friends in July 2013. Massengill confirmed
that he was on Conger Street with Patrick around 8:00 a.m.
Massengill saw both the Defendant and Taylor on Conger
Street, but he did not know them at the time. Massengill said
that he and Patrick walked by the Defendant and Taylor and
that no one said anything. Massengill then heard shots,
turned around to see the Defendant and Taylor shooting at him
and Patrick, and ran to the side of a building. Massengill
suffered a graze wound to his hand, but was not shot.
Massengill testified that Taylor was wearing a fishing hat
and the Defendant was wearing a hoodie. Massengill was not
able to identify the Defendant in a photographic lineup.
Massengill confirmed that he was absolutely positive both
Defendant and Taylor had guns and were shooting at them.
Massengill identified the Defendant at trial as one of the
Marvin Jerome Rodish, Jr. was employed by the City of Jackson
Police Department ("JPD") at the time of the
incident. Investigator Rodish located and photographed
nineteen shell casings and one bullet at the crime scene;
however, due to a sudden rainstorm, he was only able to
collect eighteen of the shell casings. Investigator Rodish
testified that the majority of the shell casings were found
on Conger Street "in a north to south trajectory."
He agreed that the location of the shell casings indicated a
direction moving towards where Patrick was found lying on the
Investigator Aubrey Richardson interviewed the Defendant on
July 24, 2013. The Defendant's mother was present for the
interview, and the Defendant signed a waiver of his
Miranda rights. The Defendant provided the following
written statement, which was read to the jury:
I was there when Gary Patrick got shot Sunday morning. Me and
Rambo, who is Randy Taylor, went to Allenton Heights the
night before. Rambo and I were sitting there when Gary
Patrick and some other guy walked by. Rambo, who was wearing
a safari hat, got up and ran towards Gary and firing [sic]
his chrome pistol at Gary. When he was shooting at Gary, Gary
fell down and Rambo ran up to him and stood over him and
fired his gun some more. We ran off and went back to where we
came from. I went back to the house and Randy came in about
thirty seconds later. He took the gun apart and eventually
got rid of it. It had a long clip. He called someone he knew
in a white van who took us to a trailer in the country. I
don't know where it was but I don't think it was in
Jackson. It may have been in Haywood County or something. We
stayed there until Wednesday morning. Rambo told me not to
tell on him and not to talk to anyone about this.
cross-examination, Investigator Richardson confirmed that the
Defendant was brought in by his mother for the interview. The