A Sunbury man who shot another man in the foot in 2020 will spend the next four to eight years in state prison.
Northumberland County Judge Paige Rosini on Thursday sentenced Benton Ross, 32, of Sunbury, to the state prison sentence with 322 days of credit and ordered him to pay restitution in the amount of $76,430 to Capitol Blue Cross and $8,793.62 to the victim Brian Cunningham. Ross pleaded guilty in January to a felony count of aggravated assault related to the shooting of Cunningham on Aug. 8, 2020, after an argument at a home on Mile Post Road.
Ross said he was “truly sorry” to the victim and his family.
“Hopefully one day we can move past this,” he said.
An emotional Caitlin Cunningham, the daughter of the victim and mother of Ross’s child, testified that Ross has become a better father since he spent time in jail. He has become more attentive as a parent and understands what he has to lose, she said.
Ross is a “good person who made a bad mistake,” she said.
Caitlin Cunningham said she is proud of Ross for accepting responsibility for his action and taking the plea deal.
Rosini said people have to be held accountable for their actions. Ross made a choice and only he should be apologizing for it, she said.
“No matter what goes on between families, you can’t go around shooting people,” she said.
The victim and his supporters, who were in the courtroom, declined to make any public statements.
Details of the case
Troopers were dispatched to Mile Post Road at 1:28 a.m. on Aug. 8. 2020. When they arrived, they found Cunningham with a gunshot wound and in need of medical assistance, according to court documents. Cunningham was transported to Geisinger Medical Center, Danville, for the injury, according to court documents.
Troopers discovered a round of ammunition and a magazine for a pistol on the floor in the dining room and kitchen area, according to court documents.
Troopers also observed small red droplets of blood on the floor, police said. A woman inside the home told troopers she hid the pistol inside the couch, troopers said. The woman told troopers she took the gun after it was fired and hid it while Ross pushed Cunningham to the floor where they wrestled until she was able to get them to stop, troopers said.
The woman told troopers she was in the room when the shot was fired. She told troopers Ross and Cunningham were arguing for nearly 10 minutes before the shot was fired, troopers said.
Cunningham said he was trying to leave the home when Ross tackled him and started to strangle him with a chokehold, according to court documents. Cunningham said he couldn’t breathe and heard Ross yelling, “you’re going to die,” troopers said.
Ross, who has been free after posting $100,000 bail last year, was immediately taken into custody.
Ross was represented by attorney Mike Rudinski, of Williamsport. The Commonwealth was represented by Assistant District Attorney Leslie Bryden.