Multiple detectives testified regarding a shooting investigation in a trial before DC Superior Court Judge Jason Park on Dec. 10.
Nikia Cunningham, 31, and Bernard Vance, 31, are charged with robbery while armed, five counts of possession of a firearm during a crime of violence, possession of an unregistered firearm, unlawful possession of a firearm, second degree cruelty to children, carrying a pistol without a license outside a home/business, and unlawful possession of ammunition. This stems from their alleged involvement in a non-fatal shooting on the 300 block of Franklin Street, NE, on March 28, 2023. One individual sustained gunshot wounds during the incident.
Cunningham is additionally charged with aggravated assault knowingly while armed, assault with a dangerous weapon, and possession of an unregistered firearm, as prosecutors claim she was the shooter.
Vance is additionally charged with another count of carrying a pistol without a license outside a home/business and tampering with physical evidence.
The lead detective for the case was called to testify, stating that he responded to the scene after the first responders, and knew he was responding to a shooting incident.
According to the detective, a witness identified the male suspect as “Slugga Bernard,” who he also called Tavyon Simms, during a confirmation photo identification, telling officers he had met Vance eight years prior, when they were both unhoused individuals.
“Him and his wife robbed, stole and shot my roommate,” the witness wrote on the identification document. He also identified Cunningham as the other suspect through a photo array, where he stated the sixth individual was the shooter. The image in spot six for the procedure was Cunningham, according to the detective.
“She shot my friend while she had her baby in her hands,” the witness wrote on the paperwork.
Due to time constraints, the detective was unable to conclude his testimony.
Another Metropolitan Police Department (MPD) detective testified that he located a black Mercedes in a parking garage on the 1500 block of Harris Thomas Way, NE, after the victim identified it as the suspect vehicle.
Body-worn camera footage showed the vehicle with a still-warm engine and temporary Maryland tags. The detective said officers found a blanket inside a trash can containing two guns. The blanket and firearms were entered into evidence. On cross-examination, the detective testified he did not see who drove or exited the vehicle.
Another MPD detective testified that surveillance footage captured a suspect discarding firearms. He also responded to a barricade situation on the 1500 block of Harris Thomas Way, NE, reportedly involving the defendants and a child who was later taken into protective services.
Investigators executed a search warrant on the defendants’ residence, where they says they recovered mail addressed to both defendants and their child, firearm accessories, and a firearm stock. Photographs and body-worn camera stills from the search were admitted.
An MPD patrol officer testified that when she arrived at the scene, the victim was bent over on the ground while a witness was “extremely frantic and distraught.” Body-worn camera footage showed the witness screaming that the victim had been “shot in the face” and that the suspects fled in a “black Benz.” The officer said the witness appeared to be under the influence of drugs and repeatedly claimed the suspects had “two guns.” A Glock case was recovered inside the apartment, with serial number BUPG496, which matched a gun recovered from the trash can in the lobby of the defendants’ apartment.
During the hearing, defense counsel moved for a mistrial after expressing concern that some jurors may have seen the defendants in restraints. Judge Park individually questioned all 16 jurors, each of whom reported seeing nothing prejudicial. The motion was denied.
Parties are slated to reconvene Dec. 11.
