A Greenville man was found not guilty on Sept. 30 in the death of his son, after a three-day trial in Muhlenberg County Circuit Court. George “Rudy” Cundiff, 72, was arrested in December 2019 and charged with murder in the shooting death of his son, Christopher “Seth” Cundiff, who was 42 years old at the time of his death. Seth Cundiff died of a single gunshot wound to the chest.
The defense team described a volatile relationship between the son and his father, and an increasing drug and alcohol habit leading Seth Cundiff to pose a danger to his family, particularly on the night of the shooting incident.
The jury listened to 911 calls made after the incident, and heard from the Kentucky State Police detective who interviewed Rudy Cundiff and his ex-wife Loraine Cundiff. Loraine Cundiff was Seth Cundiff’s step-mother and lived on and off with him since he was a teen.
Rudy and Loraine Cundiff took the stand in Rudy Cundiff’s defense, both testifying Seth Cundiff was intoxicated the day of the shooting, and violently shoved Loraine Cundiff before coming at Rudy Cundiff, who was holding a gun.
A medical examiner testified a toxicology report showed Seth Cundiff had three times the legal limit of alcohol in his blood, as well as high levels of hydrocodone, nearly 20 times the therapeutic dosage amount.
The two men had been in an argument earlier in the day, and Rudy Cundiff testified he was worried there would be trouble, prompting him to bring his .38-caliber pistol with him when Seth Cundiff had arrived later at their home, and began to argue with Loraine Cundiff outside.
In the 911 call presented during the trial, Rudy Cundiff clearly stated he had shot his son in the chest. An expert witness working with the defense team said a struggle for the gun may have occurred and it is unclear who pulled the trigger, raising the possibility that Seth Cundiff may have forced Rudy Cundiff’s finger to squeeze the trigger during their struggle.
Rudy Cundiff testified he wasn’t sure how and when the gun went off.
After three hours of deliberation, the jury unanimously agreed to a verdict of not guilty. “Our hands were tied as a jury,” the foreman said in a phone call on Oct. 1.
Jury members were in agreement there was no way possible Rudy Cundiff was innocent in the shooting death of his son, but they struggled to fit the evidence presented by the Commonwealth into the verdict options presented to them, the foreman said. They had asked for more choices for the verdict but were denied, he said.
Denise Jernigan, who was dating Seth Cundiff at the time of his death and has custody of his young son from another partner, said in an Oct. 1 phone call her family was unhappy with the verdict. “We are all just devastated,” she said.
“I’m glad about the verdict, but it doesn’t bring my son back,” Rudy Cundiff said in an interview on Oct.1. “I hope it helps people realize I didn’t do it on purpose.”
