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Man gets 25 years to life in killing of woman

Judge adds 5 years to sentence recommended

By Dan Pompili 6 min read
Staff photos / Dan Pompili Convicted murderer Nicholas Cunningham stands before the bench with his attorney, Michael Kivlighan, flanked by Mahoning County Sheriff’s deputies. On Monday, Mahoning County Common Pleas Court Judge Anthony Donofrio sentenced Cunningham to 25 years to life in prison for the October 2023 stabbing death of Gena Wade, 44, of Smith Township.

YOUNGSTOWN -- A man who pleaded guilty to murdering a Beloit woman in 2023 will spend at least 25 years in prison.

After numerous delays and all manner of legal drama, the family of Gena Wade has some degree of closure, after Mahoning County Common Pleas Court Judge Anthony Donofrio sentenced Nicholas Cunningham to 25 years to life Monday.

Last week, Cunningham pleaded guilty to aggravated murder, admitting he killed Wade on Oct. 26, 2023, in her home. Her young niece, who had been a victim of sexual exploitation by Cunningham, found Wade's body in the kitchen.

That young woman spoke in court on Monday. While it is the newspaper's policy not to identify juvenile victims of crime, the girl and her family gave explicit permission to use her name.

"I was only 10 when he became obsessed with me. I was a child that should have been protected, allowed to grow up without fear, and given the opportunity to have a normal childhood," said Suri Myers, now 15. "Being an 11-year-old and seeing someone say: 'I will get revenge on your family for taking away the one thing I love most' is one of the most terrifying things a little girl could experience."

Wade and her sister, Michelle Hively, knew Cunningham through providing care for his mother. Hively said they knew he did not have many friends and felt bad for him, even giving him rides to the gas station and other places.

That was until they learned he had a criminal record for a sexual offense against a child in 2015. Then they discovered that he had been posting inappropriate things about Myers and cut off all his access to her and their family. That was when the threats began.

Then came Oct. 26, 2023.

Myers told reporters on Monday that she knew something was wrong when she walked into the house that day.

"I walked into my house and I got this kind of eerie feeling. It kind of felt like something was off. And I opened the door, and there's just blood all over the house," she said.

Myers told the court Wade's death has left an emptiness that cannot be filled.

"Gena was not only my caregiver, but also my confidant, my source of guidance, and my safe person. She was someone I trusted completely," she said. "I can no longer confide in my troubles, ask for advice, or seek comfort from the person that made me feel safe. I have been forced to continue through life without one of the people who had the greatest impact on who I am today."

Myers pleaded with Donofrio not to accept a joint recommendation by the prosecution and defense that would have seen Cunningham sentenced to 20 years to life.

"Nothing will bring her back, and nothing will change the image of her dead body in my kitchen. And I will carry the loss of her for the rest of my life. It is because of this that I request the court give Nicholas Cunningham the maximum sentence allowed by law," she said.

Donofrio did not accept the joint recommendation and increased Cunningham's minimum sentence by five years. "Mr. Cunningham, you murdered Ms. Wade, who was actually protecting her niece from your sick romantic fantasy of a personal relationship with a 12-year-old while you were in your 30s," he said. "You admittedly took her away in the most horrifying and cruel ways from...her friends and loved ones whose lives have been changed forever."

He noted Cunningham had threatened to kill many other members of the family, and would have done so if he'd had the opportunity.

Donofrio said his decision was not a reflection on either Mahoning County Prosecutor Lynn Maro or defense Attorney Michael Kivlighan.

"Knowing the extent of damage that the defendant's actions have had and will continue to have on this family, I cannot accept the agreement that the parties have come to in this matter," he said.

Maro represented the state in court and noted the severity of Cunningham's behavior.

"There were, from the coroner's report, 19 stab wounds and 29 incised wounds. And the nature of the wounds were such that they couldn't discern exactly how many. That was the minimum that they placed on this in the autopsy," she said. "What I think is important for the court to understand, not just from the victim impact statements, but from the record in this case, is that the defendant terrorized a whole family and threatened to harm all of them and carried out that threat on Gena Wade."

Following the sentencing, Maro commented on Cunningham's refusal to make any statement.

"From my perspective, the fact that he stood in this courtroom and didn't say one thing to accept responsibility, to apologize for his actions, just is one more example of how pathological he is," she said. "It's just offensive that you wouldn't at least apologize for the trauma you've caused that whole family."

Both Myers and Hively said that although the family in general conceded to the joint recommendation in order to secure a guilty plea so Cunningham cannot appeal his conviction, neither 20 nor 25 years or a lifetime will feel like a sufficient punishment.

They both said Cunningham was faking the mental incompetence that led to court-ordered evaluations, which ultimately delayed the trial by about nine months. They also are frustrated that Cunningham was left in a position to cause harm, given his criminal record and a civil protection order the family had in place against him.

"He has no remorse. I sit there and I watch him in court, and he's just sitting there… he's been incompetent so many times, and he was faking it," Myers said. "Because we know him, you know? He's a registered sex offender. He's on the list already. There's been girls before me. I'm not the only girl that he's done this to. I feel like he should have been in trouble already."

In her prepared statement, Myers said she worries about what happens if Cunningham ever gets out, and what threat he might pose to her own children one day.

Hively, in her victim impact statement, said her sister's death is a pain that will never heal.

"I still can't believe she's gone. Losing Gena was life-altering in every way. I miss her contagious laugh. I miss how she was always in a good mood first thing in the morning. I miss her so much," Hively said. "This tragedy has changed the way I look at the world, the way I look at people. It's changed my sense of safety. I worry a lot more. I've learned not to take anything for granted."

Hively said she, Myers, and others from their family will be at every parole hearing to try to ensure Cunningham is never released.

Maro said that his plea guarantees he cannot appeal the conviction, but he can challenge Donofrio's ruling to override the joint sentencing agreement.

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