Co-defendants in a non-fatal shooting case were sentenced by DC Superior Court Judge Jason Park during a hearing on March 24.
A jury found Bernard Vance, 31, guilty of tampering with evidence on Dec. 19 2025 and subsequently Vance pleaded guilty on Jan. 29 2026 to attempted robbery with a prior conviction for his involvement in a robbery and non-fatal shooting that occurred on the 300 block Franklin Street, NE, on March 28, 2023. The victim sustained a gunshot wound to the face.
Nikia Cunningham, 31, pleaded guilty on Jan. 29 to unlawful possession of a firearm with a prior conviction for her involvement in the incident.
During the hearing, the prosecutor read a statement from the shooting victim that said before the shooting, the victim had stable housing and employment. After he was shot, he lost his job and noted “three years later he is still trying to get his life back.”
The prosecutor requested Judge Park to impose a sentence totaling 43 months of imprisonment for Vance, 28 months for attempted robbery and 15 months for tampering with evidence. They argued it was “two separate criminal acts” of attempted robbery and then hiding the gun in a trash can when police arrived.
They concluded due to the severity of the incident, Vance’s past criminal history, and failure to comply while on probation, they believe tough sentence is necessary to ensure safety of the community.
Vance’s attorney, Wole Falodun, argued that the 15-minute duration of the shooting to the gun disposal was too brief to be classified as two distinct criminal acts. He requested 28 months of imprisonment, suspending six months. Falodun asked Judge Park to impose a sentence that can give Vance an opportunity to prove he has learned from his mistakes and is making better decisions moving forward.
In Vance’s letter to the judge, he said he takes full accountability for his action. “At the time of the offense, I struggled with drugs and mental health from past trauma,” Vance said. “I have grown and matured,” Vance concluded, “This is the last time I’m behind bars.”
For Cunningham, the prosecutors requested 32 months of imprisonment for unlawful possession of firearms with a prior conviction. They argued while she did not fire the gun she carried, bringing a gun to a tense situation leads to violent acts. They also noted she was under court supervision when the incident occurred.
Cunningham’s attorney, Jesse Winograd, claimed the prosecutor’s filings are slightly inaccurate because the gun Cunningham carried had nothing to do with the shooting. Winograd said the prosecution “can not say that the gun was used to threaten, it was only used in a possessory offense.”
Winograd explained Cunningham’s past criminal history and said she has been incarcerated for three years and has been a “poster child for rehabilitation.” According to Winograd, she has been heavily involved in classes and leadership programs in jail.
“She has used her trauma to help other people,” Winograd said. “I do not believe her incarceration is helpful to any one.”
Cunningham read a letter she wrote to Judge Park reflecting on her incarceration. She explained how she has used her time to educate herself and others about the law and has been getting college credits.
“I worked diligently to set an example for my peers,” Cunningham said. She requested Judge Park give her a concurrent sentence to the one she was currently serving in an unrelated case, but acknowledged it is up to the Judge to decide. She ended her letter and said, “Please allow me to beat the odds.”
According to Winograd, Cunningham has around two months left in her sentence for her other case.
Judge Park thanked both of the defendants for their well-thought out letters. He said when “sentencing, I am required to impose a sentence that reflects the seriousness of the event and take into consideration the criminal history.”
As a result, Judge Park sentenced Vance to 28 months of imprisonment for attempted robbery and 10 months for tampering with evidence. Totaling 38 months of consecutive imprisonment, followed by three years of supervised release.
Cunningham was sentenced to 14 months of imprisonment, the minimum duration under court guidelines, followed by three years of supervised release. Judge Park ordered this term to run consecutively to her existing sentence in an unrelated case.
No further dates were set.
