Homicide Defendant ‘Non-Compliant, ‘ Case Delayed

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DC Superior Court Judge Todd Edelman again delayed a homicide defendant’s motion hearing after he refused to appear in court on Jan. 22. 

Ethan Cunningham, 22, is charged with first-degree murder while armed, three counts of murder while armed felony murder, assault with intent to kill while armed, kidnapping while armed, first-degree burglary while armed, seven counts of possession of a firearm during a crime of violence, carrying a pistol without a license outside the home, and attempted robbery while armed. The defendant was allegedly involved in the fatal shooting of 38-year-old James Curtis on the 2600 block of Stanton Road, SE on May 10, 2022.

Cunningham didn’t show up for the proceeding after arriving at the courthouse. He was referred to as “non-compliant” according to the U.S. Marshal’s office and requested to go back to jail. As a result, his defense attorneys, Thomas Healy and Lisbeth Sapirstein, asked to delay the case until Cunningham agreed to be present.

The prosecution stated that Cunningham has a history of not appearing in court.

Judge Edelman asked what the prosecution wants if the defendant doesn’t appear at the next hearing. The prosecution asked for a warning—if Cunningham continues to not come to court, the case can proceed without him. 

Judge Edelman said that if Cunningham’s lack of cooperation continues for the rescheduled Jan. 23 motion hearing, the court will take action.