Murder Defendant Acts Like He, ‘Runs this Courtroom,’ Prosecutor Says

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A murder defendant refused to get off a bus and attend a court proceeding for the fourth time in a matter of three months before DC Superior Court Judge Anthony Epstein on Aug. 9.

Ethan Cunningham, 20, is charged with three counts of felony murder while armed, first-degree burglary while armed, seven counts of possession of a firearm during a crime of violence, kidnapping while armed, attempted robbery while armed, assault with intent to kill while armed and carrying a pistol without a license outside a home or business. The charges stem from his alleged involvement in the fatal shooting of 38-year-old James Curtis on March 10, 2022, on the 2600 block of Stanton Road, SE.

At the hearing, a US Marshal alerted Judge Epstein that Cunningham had refused to attend court. The prosecutor said Cunningham acts “like he runs this courtroom,” and requested that Judge Epstein order the Marshals to use force to get him to court.

According to the prosecution, the victim’s family has taken off work each time there is a proceeding to no avail as the defendant keeps refusing to cooperate.

Thomas Healy, Cunningham’s defense attorney, said he is sorry for the inconvenience this has caused for the family, while suggesting that they alternatively attend virtually to avoid the commute.

“I need Cunningham to assist in his own defense,” Healy said regarding the importance of Cunningham’s presence.

Judge Epstein said if Cunningham chooses not to attend future hearings, the parties can still go on without him. He said he can’t “boycott” the proceedings.

Prosecutors argued at a July hearing that every time a plea deal is about to expire, Cunningham misses his appearance in court.

Parties are slated to reconvene on Aug. 13.