Absent Murder Defendant Causes Hardship to Victim's Family

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Ethan Cunningham failed to appear before DC Superior Court Judge Anthony Epstein on Dec. 2 to accept or reject a plea offer, following several previous absences that have caused hardship to the victim’s family members, according to the prosecutor.

Cunningham, 22, is charged with three counts of felony murder while armed, assault with intent to kill while armed, first-degree burglary while armed, kidnapping while armed, attempted robbery while armed, seven counts of possession of a firearm during a crime of violence, 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 May 10, 2022, on the 2600 block of Stanton Road, SE.

Lisbeth Sapirstein, Cunningham’s defense attorney, told the court she expected Cunningham to appear in court on Dec. 2 to decide on a plea offer.

The prosecutor said US Marshals reported Cunningham didn’t get on the bus from DC Jail, citing unspecified medical reasons.

According to the prosecutor, Cunningham has repeatedly failed to appear in court when the victim’s family has taken time off work and traveled from different state to see if Cunningham will take responsibility for their loved one’s death.

The prosecutor set a deadline of Dec. 4 for Cunningham to respond to the plea offer. If he doesn’t appear in court or provide documentation of extenuating medical circumstances, the prosecution plans to go ahead with the trial currently scheduled for Jan. 21, 2025.

For the convenience of the victim’s family, Judge Epstein agreed to the prosecution’s request for unusual scheduling of the next hearing. If Cunningham appears in court on the morning of Dec. 4 and wants to accept the plea offer, Judge Epstein plans to delay his guilty plea until the afternoon of the same day, giving the victim’s family time to travel to the court to be present in person.

This arrangement will allow the family to avoid making another trip if Cunningham again fails to appear or rejects the plea offer.

D.C. Witness previously reported the prosecution withdrew a plea offer on July 12 on the grounds that Cunningham had missed three hearings at which he was expected to accept or reject the offer.

Parties are scheduled to reconvene on Dec. 4.

Absent Murder Defendant Causes Hardship to Victim’s Family