An Idaho man who, along with his cousin fired a gun near a school and park in the Rose Village neighborhood, was sentenced Thursday to 150 days in jail.
Joseph A. Cunningham, 28, of Boise, Idaho, pleaded guilty in Clark County Superior Court to second-degree malicious mischief, reckless endangerment, tampering with physical evidence and unlawful discharge of a weapon.
Cunningham and his cousin, Anthony Schierer of Vancouver, initially faced assault charges because responding police officers believed shots were fired toward them. Investigators found that was not the case, however.
Schierer, 29, previously pleaded guilty and was sentenced to 200 days in jail.
Cunningham was in town March 10 visiting Schierer at his home, 715 E. 29th St., and brought along his Glock 9 mm handgun. The men, who were intoxicated, began shooting the gun into the air in the middle of the street, according to a probable cause affidavit.
A neighbor at about 2:15 a.m. reported seeing the men walk to a park that is part of Washington Elementary School and watched as they took turns with the gun, pointing it toward the school and firing off rounds, the affidavit said.
Two officers responded and said that as they got out of their patrol vehicle, shots were fired in their direction, court records state.
The shooters ran, but witnesses saw one flee to Schierer’s residence and alerted police. A SWAT team responded and surrounded the house, leading to an hours-long standoff before the man surrendered, police said. The other man was arrested outside of the house, according to police.
Cunningham, in an interview with police, said that he and Schierer had been drinking vodka all day and were “shooting the gun for fun,” court documents state. He said he and Schierer fired the shots into the air and at a trash can but denied shooting any rounds in the direction of any person or vehicle, the affidavit said.
Police found the gun in the gutter of Schierer’s house; the men had thrown the pistol’s magazine into some grass, and it was never recovered, court records said. Ammunition casings also were found in the street and near the playground, and bullet holes were found in a street sign, a trash can and a light pole, court documents state.
On Thursday, Deputy Prosecutor Aaron Bartlett said there were 11 calls made to 911 during the incident, and police determined there were 12 shots fired. One of the bullets hit a nearby day care. An 8-year-old girl reportedly found the bullet on the floor inside, he said.
Bartlett asked that Cunningham be sentenced to 180 days in jail but said that as part of the plea agreement, Cunningham’s defense attorney could argue for less time. His attorney, Erin McAleer, argued that he should receive 30 days.
Although Cunningham “made a lot of mistakes that night,” McAleer said, his client has no criminal history, is married and has a young child, and will lose his real estate license because of his convictions. McAleer said Schierer had grabbed the firearm from Cunningham and began shooting it.
Cunningham told the judge that he’s had to take a serious look at his life and said he’s been selfish.
“(What occurred) goes against everything I stand for,” he said.
Judge David Gregerson acknowledged that if Cunningham could do it over, he likely would have done something differently.
Cunningham surrendered to the jail after the hearing. He was given credit for four days in custody.
