-Messenger photo by Kelby Wingert
Family members of shooting victims Tyrone Cunningham and Jamael Cox react to defendant Michael J. Shivers, 57, being sentenced to 100 years in prison for the two men's deaths on Monday.

Michael J. Shivers might not have gotten a life sentence, but he will likely spend the rest of his life in prison after being convicted of two counts of second-degree murder.

Shivers, 57, of Eagle Grove, was sentenced in Webster County District Court on Monday for the June 2020 shooting deaths of 25-year-old Jamael Cox and 47-year-old Tyrone Cunningham.

For each count of second-degree murder, District Court Judge Angela Doyle sentenced Shivers to up to 50 years incarceration, with a mandatory minimum of 70%. Doyle ordered the two sentences be served consecutively, giving Shivers a minimum sentence of 70 years in prison.

Shivers had the opportunity to address the court prior to his sentencing.

“I would like to offer my condolences to the families for the loss of their loved ones,” he said. “Second, I would like to apologize to those families, my family, the city of Fort Dodge, for my actions that night.”

-Messenger photo by Kelby Wingert
Michael J. Shivers, 57, listens to the victim impact statements at the sentencing hearing for his second-degree murder convictions on Monday.

Shivers said his apology wasn’t meant to be an admission of guilt, adding that he “stands firm” on his innocence.

“At one point, I was offered a plea deal which would have gotten me four years, 199 days,” he said. “The principles that I carry would not allow me to accept that deal, knowing I’m innocent.”

Savena Cox, widow of Jamael Cox, said she feels like she can finally start to heal after all these months.

“I feel like we have actually gotten some justice,” she said. “But this doesn’t change the pain that I’ll continue to feel for the rest of my life.”

On Oct. 27, 2021, a Webster County jury found Shivers guilty of the two counts of second-degree murder.

-Messenger photo by Kelby Wingert
Joann Cunningham, of Danville, Illinois, addresses her son's killer during Michael J. Shivers' sentencing hearing on Monday.

Cox and Cunningham, both of Fort Dodge, were killed when they were struck by gunshots during what was described as a “volley of bullets” in the 900 block of 10th Avenue Southwest around 4:45 a.m. on June 16, 2020.

During the trial, First Assistant Webster County Attorney Ryan Baldridge and Assistant State Attorney General Doug Hammerand presented a case to the jury that argued that Shivers fired a Bushmaster AR-15 rifle toward another man, triggering a domino effect of others pulling out firearms and shooting. Shivers, along with many friends and family, had been gathered at the residence of DarTonya Shivers to celebrate the life of a sister who recently passed.

Witnesses Cierra Shivers and Jeremiha Hatten testified that Isiah Mosley came by the party for a short time, after which the atmosphere became “tense” and “eerie.”

The state argued that eventually, Michael Shivers became impatient waiting for something to happen and decided to act by shooting the Bushmaster rifle at Mosley, who by this time was across the street near the H.C. Meriwether Park, east of the residence.

Hatten and Michael Wells, a son of the defendant, both testified they saw Michael Shivers fire the first shot and that he was firing the Bushmaster. After the first shot, others in the group — including Hatten and Wells — began to shoot as well.

Tyrone Cunningham was Joann Cunningham’s oldest son, but he was the second son she’s lost to gun violence. During her victim impact statement, Joann Cunningham talked about the many family and loved ones who felt the loss of her son. She talked about Tyrone’s grandchild that was born last year, and how he’ll never get to hold his grandbabies.

“You have no idea what this has done to us,” she said.

Faith in God is helping Joann Cunningham get through the death of her oldest son.

“I do forgive you, because God said I have to,” she told Michael Shivers. “In order to move on, and in order to have peace with this situation, I do forgive you. And you need to ask God to forgive you.”

Sarah Lessmeier, longtime partner to Tyrone Cunningham and mother of his younger children, felt differently during her victim impact statement.

“She’s a bigger woman than I am,” she said. “She forgives you, but I probably never will.”

With anger in her voice and eyes locked on the defendant, Lessmeier addressed Shivers directly.

“I’m not here to focus on what you took from me — my future, my comfort, my security, my partner — but I hate you,” she said. “You know why? Because you hurt my children. You took my son’s father when he was 13.”

Lessmeier had one last message for her partner’s killer before the sentence was handed down.

“Tyrone died alone and I hope you die alone in your prison cell,” she said.