The 21-year-old defendant had been friends with the victim
for about four months before he approached him from behind and smacked him in
the back of head with a skateboard, causing a serious head trauma, according to court testimony.
The trial of Kevin
Cunningham got underway today in Courtroom 24 with Ventura County Superior Court
Judge Ryan Wright presiding.
Cunningham is charged with felony assault with a deadly weapon
and causing great bodily injury in an attack that occurred May 18, 2011.
The 22-year-old victim, Jonathan Hill Kennedy, testified
that he woke up 10 to 15 seconds after being struck, was driven to the hospital
and ended up staying there for a week.
The Simi Valley resident said his skull was fractured in several
places. He suffered bleeding of the
brain, and it took 53 staples to close up the laceration, Kennedy testified
During his testimony, Kennedy walked in front of jurors and
showed them the permanent scar on his head.
Earlier, prosecutor Richard Simon told jurors during opening
statements in the trial that Cunningham accused Kennedy of "forcing" himself on
Cunningham's girlfriend and "bashed" him in the head with the skateboard.
Simon told jurors that Cunningham will deny that he struck
Kennedy with his skateboard inside Kennedy's garage where the defendant, the
victim and two others had been smoking marijuana.
"It was too dark inside the garage. The lights were off and
nobody knows who did it," Simon said the defense will claim.
Cunningham's lawyer David Lehr suggested to jurors that
Kennedy had marijuana and cocaine in his system before he was struck,
questioning what drugs can do to a person's ability to perceive things.
Lehr cautioned the jurors against immediately jumping to
conclusions before all the evidence is heard.
Kennedy testified that he met Cunningham about four months before
the incident and knew his girlfriend about two months before he met Cunningham.
On the day of the incident, Kennedy said he was inside his
garage with two friends smoking marijuana. Cunningham arrived later in the
evening with "a serious look" on his face, Kennedy testified.
Cunningham accused Kennedy of forcing himself on Cunningham's
girlfriend.
Kennedy admitted on the stand that they both kissed while
they were in an empty classroom at Moorpark College. He said he might have
inappropriately touched her. However, he adamantly denied "forcing" himself on
Cunningham's girlfriend.
"I would never push myself on a girl," he said, adding that
he didn't know why Cunningham's girlfriend would say that.
Adding that he told Cunningham, "Come on, dude. You know me.
You know I wouldn't do that."
Kennedy said he shook hands with Cunningham. Forty-five minutes
later, Kennedy said he went to change the station on his radio when he was
struck.
"I was sitting on my couch and my head was ringing," Kennedy
testified.
He said his two friends who had been inside the garage told
him that Cunningham "smacked" him on the head with the skateboard and left.
On the stand, Kennedy said he sold small quantities of drugs
and uses medical marijuana because it relieves his anxiety and stress and when
he doesn't use marijuana, he gets "restless leg syndrome."
Kennedy admitted having sex with Cunningham's girlfriend five
or seven times, and twice when Cunningham was there.
"They just started and invited me in," Kennedy testified.
Kennedy said he still uses drugs, including marijuana.
"I feel normal when I smoke. I feel abnormal when I don't
smoke," he testified.
The trial resumes this afternoon.







