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Man accused of illegally buying gun used in 2013 Eagle County slaying pleads guilty, gets 90 days in jail

Jeffrey Lumpkin illegally bought the gun that was used in the 2013 Eagle County death of Penny Cunningham

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Traci Cunningham
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Traci Cunningham

A man accused of an Aurora woman — a former nun who was killed by her daughter — in Eagle County has pleaded guilty and was sentenced to 90 days in jail.

Jeffrey Lumpkin, 32, also was ordered Wednesday to serve four years of supervised probation, prosecutors say. He admitted to being a previous offender in possession of a weapon, a Class 6 felony.

Lumpkin was taken into custody Aug. 28 by Georgetown police. Prosecutors say he used a former girlfriend to help him acquire a 9mm pistol while he was on court supervision for a felony and therefore ineligible to own or purchase a firearm.

Authorities say that handgun was used  on Nov. 29, 2013, in which her killer —   —  is serving a life sentence. According to prosecutors, Lumpkin sold the handgun to the woman, 31-year-old Traci Cunningham, in a private transfer.

Penny Cunningham’s body in Eagle County. She had been shot several times.

Traci Cunningham is being held at the Denver Women’s Correction Facility, state records show.

Lumpkin’s girlfriend has been convicted in the case, officials said.

Prosecutors say a straw purchase such as Lumpkin’s is a felony because the required gun purchase background check form asks, “Are you the actual transferee or buyer of the firearm listed on this form?”

A deceptive answer given to that question is a crime. The straw purchaser in the case of the weapon used in Cunningham’s death — Lumpkin — falsely answered that question, according to investigators.

“Guns in the hands of prohibited persons increase the risks of violent crime occurring, exactly the situation here, a tragic result,” 5th Judicial District Attorney Bruce Brown said in a written statement.

Brown’s office says it worked on the case with the Eagle County Sheriff’s Office.

Authorities say Penny Cunningham’s brother testified in court Wednesday, remembering his sister as a generous person who was an author of children’s books, a teacher at a Denver elementary school and a former nun.

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