Daimonay Richardson testifies in second day of sentencing

Daimonay Richardson testified Friday she couldn't justify what she did and didn't know if she wanted her freedom.

The 16-year-old, tearing up and eventually breaking down on the witness stand during day two of her sentencing, admitted it didn't matter what happened in her life because it didn't justify her taking the life of Ronald Kunkle, 22, May 18, 2013.

'It doesn't matter if I was beaten or raped (in her past) or hung upside down,” Richardson said. 'It doesn't make it right…doesn't change anything.”

Richardson pleaded to second-degree murder in February and faces up to 50 years in prison. She, along with boyfriend D Anthony Curd, 19, armed themselves with steak knives and planned to rob and kill Kunkle for $2,000 Curd thought he had.

As part of the plea agreement, Richardson has to testify against Curd, charged with first-degree murder, at his trial.

Richardson's attorneys are arguing for a deferred sentence with probation or a suspended sentence with no mandatory time, little prison time and probation. The judge has the discretion for less prison time because she of her age.

Linn County Attorney Jerry Vander Sanden has asked for the judge to sentence her to up to 50 years.

The hearing started Thursday and will continue next Friday as both sides give final arguments and then the judge will likely make a written ruling later.

Kunkle was stabbed 39 times in the head, neck and torso. Richardson admitted Friday she went along with Kunkle but she felt she had no choice. She thought he would kill her if she didn't.

Richardson said she met Kunkle through Curd. She didn't know him that well and had no reason to harm him. Curd came home mad that day and told her Kunkle had $2,000 and he wanted it.

'He said we're going to have to kill him,” Richardson said. 'I was shocked, I was scared…… I felt sick.”

Richardson said after it happened she wanted to tell someone – 'it was eating her alive.” She had nightmares and continued using drugs and alcohol. She said she would never done this on her own.

Vander Sanden asked how is she taking responsibility for this, as she stated under direct testimony. She first lied to police and in depositions about Curd's involvement.

'Didn't you swear on your grandmother's grave that Curd had nothing to do with it,” Vander Sanden said.

Richardson said she did. She admitted what she did.

Vander Sanden asked if she was expecting to get probation for killing someone and not serve any prison time.

Richardson said she was expecting to do prison time.

The defense also had Mark Cunningham, a clinical and forensic psychologist from Dallas, Tx., explain mitigating factors that impacted Richardson's actions that day that the judge can consider in sentencing.

He explained that if there are damaging or impairing factors in Richardson's background like substance and alcohol abuse, father abandonment, neglect, sexual abuse when she was 13, inadequate mental intervention and the death of her grandmother who was the psychological parent, which lowers her moral culpability.

The factors don't excuse her behavior but that is decided in the guilt phase and she had pleaded guilty, but now the judge can consider how these factors led to her actions.

Richardson's age should also be considered because the frontal lobe of the brain, the control center, isn't fully developed until age 25. This affects many things such as self-direction, self-restraint, empathy, impulses and appreciation of consequences.

As an example, Cunningham said an adult probably would refrain from committing a crime because of the possibility of being caught. Richardson was impulsive, using Kunkle's bank card to try to access money and her cell phone, which could easily lead back to her. She lacked empathy and didn't consider what would happen to Kunkle and how it would affect his family. These all related to brain development.

Cunningham points to her 'impulsivity” in looking at the sequence of events. Curd tells her he wants to get the money from Kunkle and says they are going to kill him. This occurs in a matter of minutes.

'She isn't looking down the road or considering what will happen to Ronald Kunkle,” Cunningham said.

Cunningham said Curd's influence over her was destructive and he became her only emotional support after undermining the support of her parents. She became dependant on him – 'it was like a brainwashing.” He also used alcohol and drugs to help control her. Cunningham said Richardson was a low risk to reoffend. She wouldn't have committed the crime on her own. She needs intensive therapy, substance abuse treatment, education and to be back in the 'mainstream” during her formable years. Many of those things would not be available in the prison system.

Vander Sanden on cross said he couldn't predict her future behavior and wasn't his statement regarding reoffending 'purely speculation.”

Cunningham said his assessment is based on education and data.

Vander Sanden also questioned Cunningham's assessment that Richardson used drugs and alcohol that day. He asked if he verified that or was it in her police interview.

Cunningham said there was no way to verify it. Richardson was arrested some time later after Kunkle's death. He got the information from Richardson.