Defendant Rejects Wired Plea Offer in Attempted Robbery

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Marcus Cunningham rejected a plea offer from the prosecution on June 26, which was connected to his co-defendant’s plea offer.

Cunningham, 19, is charged with assault with a dangerous weapon and carrying a pistol without a license outside a home or business for his alleged involvement in a shooting that occurred at the intersection of 17th and Euclid Streets, NW on April 25. One individual sustained injuries during the incident. 

According to court documents, the shooting stemmed from a drug exchange and shoe transaction that went wrong.

Cunningham allegedly threw a gun on the ground after the shooting, and attempted to flee the scene before he was detained by officers from the Metropolitan Police Department (MPD). 

On June 6, the prosecution notified the court that they extended a plea offer, which required Cunningham to plead guilty to assault with intent to kill while armed, in exchange for the prosecution not seeking an indictment. Through the deal, parties would agree to a sentencing range of 36-to-84 months. 

Cunningham’s co-defendant, Marcell Cradle, 19, would also have to plead guilty to assault with intent to rob for the plea deal to be valid for both defendants. 

Cunningham’ and his’s co-defendant also rejected the plea offer. 

DC Superior Court Judge Lynn Leibovitz set the trial to begin on Oct. 16.

Additionally, the prosecution said they do not expect to test DNA on any physical evidence. But, as they are still unsure, Judge Leibovitz said she will wait to ask Cunningham if he wants to waive his right to independently test evidence. 

Defense attorney, Tammy Thom, also asked the judge to appoint the complaining witness an attorney so that they can request medical records. 

Judge Leibovitz informed defense counsel that she cannot do that but asked the prosecution to get in contact with the complaining witness so that the medical records request can be made before trial. 

The parties are scheduled to return July 8.