DC Superior Court Judge Todd Edelman emphasized the impact of a young murder defendant’s actions before sentencing him to 39 years in prison on Nov. 24.
Ethan Cunningham, 23, was convicted by a jury on Jan. 31 of two counts of felony murder while armed, assault with a dangerous weapon, first-degree burglary while armed, attempted robbery while armed, five counts of possession of a firearm during a crime of violence, carrying a pistol without a license outside a home or business, and possession of a large capacity ammunition feeding device.
The charges stem from his involvement in an attempted robbery that led to the fatal shooting of 38-year-old James Curtis on May 10, 2022, on the 2600 block of Stanton Road, SE. A second victim was targeted but uninjured.
At sentencing, prosecutors informed the court they were required to dismiss the ammunition feeding device charge due to new directives from the Department of Justice (DOJ).
The prosecutors requested Cunningham serve 45 years of imprisonment, 40 years for the murder, and five years for the assault.
The prosecution described Cunningham’s attitude during the case as “cavalier” and said his actions in court were disrespectful to Curtis’ grieving family. According to the prosecution, Curtis “repeatedly threw temper tantrums and refused to come to court” and argued with his attorneys.
Curtis’ oldest daughter said her father’s murder left her shattered and forced her to look at the world differently. “I never thought I would be burying my dad at the age of 18,” said Curtis’ daughter.
“Knowing my dad was in pain makes me angry because he was a good, loving person,” said the daughter.
Curtis’ sister told the court that the murder left Curtis’ five children without a father. She added that she also lost her own father, because he was no longer the same person after losing his son.
“James was more than just a random victim. He had dreams, he had ambitions, and a heart that was full of love for everyone around him,” said the sister.
Another of Curtis’ sisters said that after the sentencing, their family would have no way of avoiding the reality that Curtis was truly gone.
The surviving victim provided a short statement in which he extended his condolences to Curtis’ family and said Cunningham did not deserve any freedom.
Everald Thompson, Cunningham’s attorney, requested the mandatory minimum, 30 years of imprisonment. Thompson asked Judge Edelman to consider Cunningham’s age as a mitigating factor because his brain was not fully developed and young individuals can act impulsively.
Thompson acknowledged “sorry cannot bring back their loved ones,” but said Cunningham accepted responsibility and was regretful for his actions.
Tayo Belle, an education attorney from the School Justice Project (SJP), disputed prosecutors’ claims that Cunningham lacked remorse as “nothing further from the truth.” Belle said during Cunningham’s discussions with pre-sentence report writers he tried to explain his thought process the day of the incident, not deflect responsibility.
According to Belle, Cunningham’s outbursts at court indicated his struggles with PTSD, panic disorder, oppositional defiant disorder, and other mental health conditions that were untreated. Belle said Cunningham was a young person who needed support in a broken system that did not provide it for him.
Belle also said Cunningham earned his high school diploma in July while incarcerated. Judge Edelman was impressed by Cunningham’s diploma and viewed it as an encouraging sign of his maturity since the trial.
Judge Edelman said the evidence of Cunningham’s guilt was “overwhelming” during the trial but did not fault Cunningham for exercising his right to a trial. However, the judge emphasized he could not give Cunningham credit for remorse or responsibility because he continued to minimize his conduct.
Cunningham’s prior record was significant for his age, noted the judge. According to Judge Edelman, Cunningham had a pending non-fatal stabbing case in the DC Superior Court in addition to a warrant in Maryland for a carjacking case against him. “Cunningham remains dangerous,” said the judge.
“I don’t find much satisfaction in giving lengthy sentences to young men,” remarked Judge Edelman. Reflecting on how Cunningham’s actions resulted in Curtis’ death, he added, “The impact here is devastating…his life mattered.”
Judge Edelman sentenced Cunningham to 34 years for each felony murder charge, five years for assault with a dangerous weapon, 12 years for burglary, five years for attempted robbery, five years for each possession of a firearm charge, and one and a half years for carrying a pistol.
All charges will run concurrently except for the assault charge, which will run consecutively, followed by five years of supervised release, and be required to register as a gun offender in DC upon his release.
Cunningham will serve a total of 39 years of imprisonment and no further dates were set.
