Judge Denies Carjacking Defendant’s Release

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DC Superior Court Judge Renee Raymond denied a carjacking defendant’s release after he waived his right to a preliminary hearing on Sept. 23.

Martrail Cunningham, 26, is charged with two counts of armed carjacking and two counts of possession of a firearm during a crime of violence from his alleged involvement in multiple incidents, which occurred on Aug. 4 at the 1300 block of Wallach Place, NW, and on Aug. 25 at the 1300 block of Jasper Place, SE. 

Cunningham was allegedly involved in two other charged armed carjacking incidents for which he is yet to charged with that took place on Aug. 17 at the 1000 block of Perry Street, NW, and on Aug. 14 at the 700 block of Newton Place, NW.

Cunningham’s lawyer, Susan Borecki, alerted the court that Cunningham was waiving his right to a preliminary hearing and requested Cunningham be released with GPS monitoring, arguing that has a stable living situation, three children, a job working in landscaping, and no prior history of failing to appear in scourt.

The prosecution disagreed arguing Cunningham would be a danger to society if released. 

The prosecution noted that although Cunningham is only accused in connection to two incidents he’s facing additional charges. They also stated that during one incident a firearm was allegedly brandished and that in another a weapon discharged.

Additionally, the prosecution stated that the stolen vehicles were found at an address linked to Cunningham and that identifying materials were found in one of the vehicles as well as a handgun and ammunition.

The prosecution noted that Cunningham has a pending case in Maryland for robbery and a prior robbery case. 

Judge Raymond ruled that Cunningham would continue to be held at the jail, finding that there were no conditions or combination of conditions of release that would ensure the safety of society. 

“The weight of the evidence is exceedingly strong,” Judge Raymond said, adding that his employment is “erased by fairly consistent and nominally dangerous behavior during the month of August.” 

Parties are set to reconvene on Oct. 17.