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Death Penalty Not Sought in Slaying

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A Reseda man accused of participating in a shootout with police in Newbury Park will not face the death penalty for the death of his alleged accomplice, Ventura County prosecutors said Tuesday.

Robert Wayne Cunningham, 32, was paralyzed below the waist in the June 26 gunfight with Los Angeles Police Department officers. The LAPD officers said they tailed Cunningham and Daniel Joseph Soly, 26, to Newbury Park and watched the two rob the South West Liquor and Deli.

When the LAPD officers moved in to arrest the pair, a shooting erupted that left Soly dead, Cunningham paralyzed and two officers wounded. Both officers recovered from their wounds.

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Prosecutors allege that Cunningham started the gunfight that led to Soly’s death and that is why they have charged him with murder. They could have pursued the death penalty because they say Soly’s death occurred during the commission of felony.

Cunningham’s trial is scheduled for Jan. 8.

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