Man to serve eight years for beating friend

Atavis Cortez Cunningham, 23, 701 Sampson Ave., was sentenced to eight years in prison for allegedly beating his friend.

A Dyer County Circuit Court jury found Cunningham guilty of aggravated assault on Aug. 22 and sentenced Sept. 23. As a Range 2 multiple offender, Cunningham must serve at least 35 percent of his sentence before he may be considered for parole.

He was accused of beating, kicking and stomping a Dyersburg man on April 12. The man suffered a broken jaw, is expected to lose seven or eight teeth and has been diagnosed with TMJ, a jaw disorder.

During the sentencing hearing, the victim testified that he considered Cunningham his best friend before the assault. He said the assault has affected his life and made it difficult to go places and hang out with mutual friends.

Cunningham apologized, said he shouldn't blame anyone but himself and said he still considers the victim a friend.

District Attorney General Phil Bivens said Cunningham has a criminal record that includes two prior felonies and 10 misdemeanors. Cunningham failed to comply with the sentences issued for his prior crimes and was on unsupervised probation when he attacked his friend. Those examples and the fact that the victim's injuries were so severe justify enhancing Cunningham's sentence, Bivens argued.

Cunningham's attorney, Barbara Deere, asked that a portion of Cunningham's sentence be suspended. Cunningham can pay a portion of the victim's medical bills if he gets out and gets a job, she said.

Judge Lee Moore said Cunningham's chances for rehabilitation don't look good. Until the sentencing hearing, Moore said, Cunningham denied touching the victim even when all of their friends said he'd done it. "I'm not sure if he's sorry, or if he's sorry he was caught," Moore said.

In other circuit court action on Sept. 23:

* Curtis Ray Tyler, 24, 224 Carter Lane, entered "best interest" pleas to charges of theft of property in excess of $1,000, aggravated burglary and failure to appear. Additional charges of domestic assault and evading arrest were dismissed.

On the theft charge, Tyler was accused of stealing an outboard motor, air compressor, miter saw, oxygen/acetylene bottles, aluminum rims and aluminum engine block from a Dyer County man. Tod Taylor, Tyler's attorney, said only the tire rims left the victim's property. The rest of the items were loaded onto a boat elsewhere on the property. Tyler was sentenced to two years in a community corrections program and was ordered to obtain anger management and substance abuse counseling.

On the burglary charge, Tyler was accused of forcing his way into a motel room occupied by a former girlfriend. He was sentenced to three years in a community corrections program and will serve that time consecutively to the first sentence. He also was ordered to obtain anger management and substance abuse counseling.

On the failure to appear charge, Tyler was sentenced to 138 days in jail, which he has already served. That sentence is considered consecutive to his other sentences.

* Adrian K. Taylor, 29, address unavailable, pleaded guilty to possessing more than half a gram of cocaine with intent to sell or deliver. He was sentenced to eight years in prison, with the sentence immediately suspended and Taylor placed on supervised probation. His $2,000 fine was suspended. Taylor will serve the sentence concurrently with a prior probation violation.

* James "PeeWee" Pennock, 45, address unavailable, entered "best interest" pleas to two counts of selling less than half a gram of cocaine. In each count, he was sentenced to four years and six months in prison, with the terms being served concurrently. He was fined $2,000 in each counts and ordered to pay a total of $210 restitution to the Dyer County Sheriff's Department. Additional charges of selling less than half a gram of cocaine; selling dihydrocodeinone, a Schedule III controlled substance; and forgery were dismissed.