United States of America v. Tony Cushingberry

Indianapolis, Indiana criminal defense lawyer represented Defendant charged with murder and discharging a firearm during a crime of violence.



On April 27, 2020, at approximately 3:57 p.m., Indianapolis Metropolitan Police Department (IMPD) officers were called to North Denny Street in Indianapolis in reference to a person shot. Officers arrived at the scene and located a United States Postal Service (USPS) employee, later identified as Angela Summers, shot and laying on the front porch of the residence. Ms. Summers was working as a letter carrier and was delivering mail on her route at the time she was shot.



Tony Cushingberry, age 24, of Indianapolis, Indiana, was sitting on his porch when he watched Summers walk past his house and proceed to the next residence. Cushingberry aggressively approached Summers on the neighbor's porch and demanded his mail several times. Cushingberry continued to pursue Summers while displaying a handgun, eventually pulling it from the right side of his waistband and shooting Summers in the chest from several feet away.



Cushingberry immediately fled the scene and stashed the gun in the detached garage of a nearby residence. On April 27, 2020, United States Postal Inspectors and IMPD Officers searched Cushingberry' s home and located a safe that contained multiple boxes of ammunition, including the same caliber and brand of fired cartridge casing matching the Glock he used.



Summers was transported to Eskenazi Hospital in critical condition and was pronounced dead at 5:31pm that evening.



"Angela Summers was a beloved family member and public servant, and she should be alive today. She was taken from those who cared for her by the defendant's evil decision to gun her down while she was simply doing her job,” said Zachary A. Myers, U.S. Attorney for the Southern District of Indiana. "Our communities should not have to live in fear of every conflict leading to gun violence. No term of imprisonment will bring Angela back, but the sentence imposed today demonstrates that those who kill will face judgment and accountability. I commend the U.S. Postal Inspection Service, ATF, IMPD, and our federal prosecutors for their efforts to seek justice in this case.”



"The safety and security of Postal Service employees and customers is core to the mission of the Postal Inspection Service. This tragic death is a tremendous example of how local and federal partners joined together to investigate and bring to justice Tony Cushingberry, who senselessly took the life of our colleague. This sentence should serve as a warning to others who commit violent acts against Postal Service employees that Postal Inspectors will aggressively investigate and seek to have those individuals sentenced to the maximum extent possible” said Detroit Division Inspector in Charge Rodney Hopkins.



"Angela Summers did not deserve to be killed for doing her job,” stated Daryl S. McCormick, Special Agent in Charge of ATF's Columbus Field Division. "My condolences go out to her family, friends, and colleagues, and I hope that this sentence at least provides a measure of closure for them.”



United States Postal Inspection Service, The Bureau of Alcohol, Tobacco, Firearms and Explosives, and IMPD investigated this case. The sentence was imposed by U.S. District Court Judge, Jane Magnus-Stinson. Judge Stinson also ordered that Cushingberry be supervised by the U.S. Probation Office for 3 years following his release from federal prison.



U.S. Attorney Myers thanked Assistant United States Attorneys Jayson W. McGrath and Peter A. Blackett, who prosecuted this case.

JUDGMENT as to TONY CUSHINGBERRY (1) - Defendant pleaded guilty to Count 1s. IMPRISONMENT: 360 months. SUPERVISED RELEASE: 3 years. S.A. FEE: $100.00. FINE: $1,000.00. The Court makes the following recommendations to the Bureau of Prisons: Placement at Greenville, Illinois, or another medium security BOP facility. Participation in the following programs: substance abuse treatment, to include RDAP; mental health and trauma treatment; educational programming; vocational programming related to electrical and/or truck driving; the BRAVE program; and cognitive programming. Count 2s was dismissed on the oral motion of the United States. (See Judgment.) Signed by Judge Jane Magnus-Stinson on 6/1/2023. Electronic notice to USM-C. (JSR) (Entered: 06/01/2023)