TOOELE — Under a diversion agreement, attorney David Cunningham, who was accused of brandishing a firearm at a group of teenagers last year, will surrender his concealed-weapon permit and his .40-caliber Glock to police.

Cunningham, 38, who works as a public defender in Tooele County, was charged with a class A misdemeanor count of threatening someone with a dangerous weapon in a fight or quarrel.

If he has no further run-ins with the law, the case will be dismissed in 12 months.

Tooele City Attorney Roger Baker said the diversion agreement was a way for Cunningham to take "some accountability" for his actions without jeopardizing his career.

Had the case gone to trial, defense attorney Ronald Yengich probably would have argued Cunningham had legal justification to display a weapon as a matter of self-defense. "It was questionable whether a crime was committed," Yengich said.

Cunningham told police he feared for his safety during the Nov. 18, 1999, encounter. The teens told police they were terrified Cunningham was going to shoot them.

Baker said that at least three teens in two pickups had been playing cat-and-mouse in Middle Canyon with Cunningham, who was taking a lunchtime ride on the dirt canyon road.

"Cunningham said they were menacing him, stopping in front of him and not letting him pass," Baker said.

Cunningham claims he let the teens see his pistol, but never pulled it from its holster.