TORRINGTON – A felony count of sexual abuse of a minor against Jeremy Cunningham has been dismissed and will be refiled as a misdemeanor charge of child endangerment due to the stipulations of a plea agreement.
In what was supposed to be a change of plea hearing Tuesday morning, Goshen County Attorney Eric Boyer asked Eighth Judicial District Court Judge Patrick Korell to grant a motion to dismiss the matter, and said he plans to refile with the lesser charge under the plea agreement.
Cunningham’s original felony charge of sexual abuse of a minor in the third degree carried a maximum sentence of 15 years. The misdemeanor carries a maximum sentence of one year in jail.
Cunningham pleaded not guilty to the charges on Aug. 22, 2019 and the case was set for trial at 9 a.m. on Jan. 29. The court documents were sealed to protect the victim until the case was filed in the Eighth Judicial District Court.
Cunningham was arrested and charged after a representative for the victim contacted Torrington Police Sgt. Anthony Scoleri.
According to the Affidavit of Probable Cause filed by Scoleri, Cunningham allegedly grabbed his victim by the throat and threw the victim into a wall after he “had begun drinking and was
highly intoxicated.
“When (the victim) fell, (the victim) stated that he began slapping (the victim) in the face and the back of the head,” according to the affidavit.
In the affidavit, the victim told officers the sexual contact occurred later. The victim also told the officers this wasn’t the first time Cunningham had touched the victim.
“He always does this every time ... because he is drunk,” the victim was quoted in the affidavit.
Cunningham is represented in the proceedings by Cody Jerabek. Cunningham was freed after posting a $15,000 bond.
