(Lander, Wyo.) – In September, Ninth District Court Judge Marvin Tyler denied a plea agreement in the case of Jeremy Wade Cunningham, but a new plea agreement was filed yesterday, Dec. 12.
Cunningham is charged in a shooting incident in Sinks Canyon on Jan. 31 of this year. The charges stem from him allegedly firing at least three rifle rounds toward three victims on Sinks Canyon Road. Originally, Cunningham was charged with three counts of attempted second degree murder and three charges of aggravated assault and battery, corresponding to the three victims. (Read more about the alleged crimes in this story.)
The plea agreement that was rejected had Cunningham admitting guilt to two of the assault charges in exchange for 18-48 months in prison and a dismissal of all other charges.
In the new agreement, Cunningham will plead guilty to all three aggravated assault charges. For his plea, earlier probation revocations will be dismissed and he will receive a suspended 6-10 year prison sentence. If the agreement is approved by the court, he will be given credit for time served and placed on five years supervised probation.
The agreement also stipulates that Cunningham will be placed in a 90+ day inpatient treatment program. Upon completion of that treatment, he is to receive after care.
He will also be ordered to pay $4,200 in restitution.
Should Cunningham fail treatment or other probation terms, the agreement would be voided and he would have to serve the prison sentence.
On Friday morning a pretrial conference was scheduled in the case, but because the plea agreement had been filed, Tyler said he would set a change of plea hearing for the near future.
Tyler, in September, said there were two factors that played into his rejection. The first was that the two charges only identified two victims, effectively leaving out the third, Amanda Crain. He said there had been no explanation of why the number of charges didn’t align with the number of victims. Secondly, he said the pre-sentence investigation report recommended substance abuse treatment, and the short sentence wouldn’t allow for enough time. (Read more about the plea agreement rejection and statements from the victims here.)
Both matters are addressed in the new agreement.