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Last updated on Tuesday, July 31, 2007
(INDIANAPOLIS) - A Marion firefighter who pleaded guilty to propositioning what he thought was a 15-year-old girl via email has gotten a break on his sentence.
A 2-1 appeals court says the fact Joshua Cunningham was actually emailing a Noblesville police detective means no child was actually harmed. And the court says Cunningham deserves credit for years of service to society before his arrest.
The ruling shortens Cunningham's sentence from eight years to four -- with good behavior, he could be released in a year.
Dissenting Judge Edward Najam argues "it was not for lack of trying" that Cunningham failed to contact a real teenager, and says Cunningham's position of trust makes his crime worse, not better.
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