Cunningham found guilty of OVI

ST. CLAIRSVILLE Kenneth Cunningham, 42, 65290 Willow Grove Road, Neffs, went to trial March 18 and was convicted of OVI, a felony of the third degree occurring April 2013, with the specification of three prior felony convictions. After a one-day trial, a jury returned a guilty verdict.

Judge Frank Fregito presided.

Sentencing hearing was postponed due to delays posed by a current trial. A date for sentencing has not been set. Prosecutor Dan Fry said the state would ask for the maximum sentence of 10 years. Fry noted Cunningham’s first felony offense occurred in 2001, with four priors within six years of that. Another offense occurred in August of 2003. The third offense was not taken account during trial but will be noted in sentencing.

Assistant Prosecutor Kevin Flanagan argued the case for the state. Trooper Rocky Hise of the highway patrol gave testimony.

The April 2013 incident occurred when Cunningham was driving an ATV and suffered an accident. He refused a blood test at the hospital but was still convicted.

DeFrank can be reached at rdefrank@timesleaderonline.com.