Insanity Plea Is Questionable, Prosecution Says

By D.C. Witness Staff - September 10, 2019
Court | Daily Stories | Homicides | Suspects | Victims |

A prosecutor requested Sept. 6 another status hearing to determine the validity of the defense’s motion for an insanity plea.

Malcolm Cunningham, 24, is charged with first-degree murder while armed and two counts of burglary of a senior citizen for his alleged involvement in the murder of 79-year-old David Norwood on the 600 block of C Street, NE on April 16, 2017.

On March 22, 2018, Cunningham entered a plea of not guilty by reason of insanity.

The prosecution filed April 4 a motion to send grand jury paperwork to the District of Columbia’s Department of Behavioral Health. The prosecution also appointed experts based on the defense’s motion to examine the defendant for criminal responsibility.

“Two witnesses said the defendant was insane at the time of the crime but according to our experts Mr. Cunningham was sane during the crime,” a prosecutor told the court.

A status hearing is set on Sept. 19 to discuss what the prosecution’s experts have discovered. 

The prosecution also offered Cunningham a plea deal for second-degree murder on Sept. 6. According to the terms of the deal, the defendant would serve 12-24 years. The deal would drop Cunningham’s burglary charges. 

The prosecution offered Cunningham the same plea deal in 2018. He rejected the deal last November. 

According to the District of Columbia’s voluntary sentencing guidelines, a murder defendant who has a criminal history score between 0-0.5, could serve between 30-60 years in prison if convicted of just first-degree murder while armed.