Cunningham threatened to kill minutes before murders, witness says

SPRINGFIELD — Jessica Serna’s voice was “panicky” in a call placed to a friend of hers minutes before she was murdered in 2008, according to witness testimony Tuesday, April 27, in the capital murder trial of Charles Cunningham.

Cunningham, 39, is being tried in Clark County Common Pleas court on charges of aggravated murder, felony murder, felonious assault, having weapons under disability and tampering with evidence.

He is accused of fatally shooting Serna, 27, and Heidi Shook, 28, on Oct. 4, 2008.

Marcus Douthy, a friend of Serna’s, said he spoke to her by phone sometime after 2:30 that morning and that she was “panicked, very panicked” after a confrontation with the defendant.

“She said ‘(Cunningham) is chasing me, baby, he’s crazy, he’s crazy,’” Douthy testified.

Defense attorney William Merrell has argued that witnesses had been drinking on the night of the murder and called their memory of events into question.

In other testimony:

• Amy Morris, a friend of Serna’s, testified that it was Cunningham’s voice heard on a recording of a 911 call placed by Shook just before the murder.

Prosecutors assert that the emergency call was placed during the attack and the recording caught the murder on tape.

• Robert Farmer, a former employee of Burger King, 2141 E. Main St., testified that Cunningham threatened to kill the women as they and another man sat in their SUV outside the restaurant close to 3 the morning of the murder.

Merrell disputed that the witness’ credibility, questioning Farmer about his prior convictions on charges of burglary and theft in Ohio and Georgia.

Serna and Shook were found shot to death on North Street just east of Water Street shortly before 3 a.m. Oct. 4, 2008. Shook was pronounced dead at the scene; Serna died at Miami Valley Hospital a day later.

If convicted on all charges, Cunningham could face the death penalty.

Contact this reporter at (937) 328-0360 or vlough@coxohio.com.

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