A Birmingham police detective was assaulted during a traffic stop in on Parkway East Friday, Aug. 7, 2015.
Carol Robinson |
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on January 31, 2016 at 7:35 PM, updated January 31, 2016 at 8:43 PM
Janard Shamar Cunningham, the man charged with attempted murder in the Aug. 7 pistol whipping of a Birmingham police detective, was recently released from jail after a judge reinstated his bond. But now he faces federal gun charges related to the incident.
If convicted, Cunningham could face maximum sentences of 10 years on each of the two federal charges.Cunningham was indicted Wednesday by a federal grand jury on one count of unlawful transport of firearms by a convicted felon and one count of receiving stolen firearms.
The indictment charges that on Aug. 7 Cunningham possessed a firearm after having been convicted in Jefferson County on Oct. 25, 1999 of breaking and entering a vehicle and after having been convicted, on May 27, 2003 of first-degree robbery, and on June 17, 2003 of second-degree assault.
The grand jury also charged that Cunningham had reasonable cause to believe the firearm he possessed, a Smith and Wesson 9mm pistol, was stolen.
Cunningham was released from jail a few weeks ago after a Jefferson County circuit judge re-instated his bond.
Cunningham's bond had been revoked in September for violating terms of his electronic monitoring. The bond was revoked only a few days after a district court judge had granted a $100,000 bond on conditions that Cunningham be on home detention under electronic monitoring.
A report stated that Cunningham had gone outside electronic monitoring range for 15 minutes.
Cunninigham's wife told an electronic monitoring supervisor that Cunningham had gone to the store to get a new phone, according to the report. Cunningham did not have permission to leave, but he later told the supervisor that "he did not have to have permission to do 's..t'."
A Jefferson County prosecutor argued against a bond being set for Cunningham because he has three prior felony convictions, including two for violent crimes, and would be a flight risk.
Cunningham's attorney, Victor Revill, said Cunningham had gone to the store to get a phone he thought would work with the electronic monitoring system. He said Cunningham was worried the one he had would not work.
Cunningham had called the electronic monitoring supervisor back and apologized before he even knew he would be re-arrested, Revill said.
According to a court document filed Jan. 13, Circuit Court Judge Teresa Pulliam ordered Cunningham's bond re-instated and that he be released from jail on the same conditions with electronic monitoring and home detention except under certain circumstances. Court records show Cunningham had filed a copy of the receipt for the phone in December.
A district court judge in September had found probable cause for the attempted murder charge against Cunningham after a preliminary hearing.
Brooks had to have 15 staples in his head, suffered a concussion, neck injury, and is still suffering from vertigo and nausea and as a result can't drive a car, Steele said. Brooks has not been cleared by doctors to return to work, he said.
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