Noel, Shawn: 2008

Shawn Patrick Noel was murdered on April 6, 2008, by Ryan Russell Cunningham.

He had gone to visit his girlfriend.  Ryan Russell Cunningham had been dating the same woman, but they had broken up.

In the roadway at 901 17th Avenue, an argument began between Cunningham and Jessica Hardin, Cunningham being near the back door of his car. Two other vehicles arrived, one carrying the victim. He left his vehicle and entered the argument. Cunningham retaliated and the two men fought. Cunningham produced a black, survival style knife and stabbed Mr. Noel in the stomach, then got into the back seat of his car. The driver fled the scene, traveling down 17th Avenue to Ninth Street. Meanwhile, Mr. Noel ran the same direction on 17th Avenue. At about Tenth Street, he turned and walked back toward the scene of the argument. He did not quite make it back. Mr. Noel collapsed and fell over a low wall onto a porch at 905 17th Avenue. An ambulance was called for, and he was taken to the trauma unit at Altoona Regional Medical Center. He was pronounced dead in the surgical unit. Ryan Cunningham was arrested. He admitted to police that he and Mr. Noel had had an ongoing problem, and that he had expected trouble that day. He also admitted bringing the knife to the scene, and to stabbing Mr. Noel. Cunningham was charged with criminal homicide, aggravated assault, aggravated assault with a deadly weapon, simple assault, reckless endangerment, and possession of an instrument of crime

Cunningham surrendered to Altoona city police the same night.

District Attorney Richard Consiglio originally wanted to have Cunningham stand trial for first-degree murder.  He and the attorney for the defense, Thomas Dickey, arranged a plea bargain for a no-contest plea to third-degree murder.  The mothers of both the victim and the killer were present in the Thomas Sullivan’s courtroom when the deal was announced.  The hearing was held September 28, 2009.

Cunningham was sentenced to 18 to 40 years in prison, with probation of five years following the completion of that sentence.  While waiting for sentencing, however, Cunningham changed lawyers and decided to contest the charges against him.  His current attorney is Steven Passarello.

On January 12, 2010, Cunningham’s request to withdraw his no-contest plea was granted by Judge Timothy Sullivan.   Cunningham will stand trial, likely in April or May of 2010.

OoLO: If these plea bargains can be retracted like this, it behooves the District Attorney of this county, and all others, to refuse to enter any future negotiations.  Let the accused stand before a jury of his peers, and be convicted or released on the evidence presented.  It is to be hoped that District Attorney Consiglio will demand that Cunningham stand trial for murder in the first degree.