DC Superior Court Judge Jason Park dismissed two charges for a non-fatal shooting defendant and waived the appearance of his co-defendant who refused to get off transport on Nov. 21.
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.
Vance is additionally charged with another count of carrying a pistol without a license outside a home/business and tampering with physical evidence.
Cunningham’s attorneys, Jesse Winograd and Carrie Weletz, told the court that her appearance had been waived after a Marshal reported that she refused to get off the transport bus upon arriving at the courthouse. Winograd said the behavior was unusual for his client, and the judge responded that he would not draw conclusions if it was an isolated incident.
The prosecution also stated that they intended to dismiss the carrying a rifle or shotgun outside a home or business and possession of a large capacity ammunition feeding device charges against Vance with prejudice. This decision means both charges have been dropped, and the prosecution is now legally barred from filing the same claim again.
Winograd indicated that the defense intended to discuss limiting the prosecution’s references to Cunningham’s prior convictions. However, Wole Falodun, representing Vance, said most pending motions were “not pressing” and could be resolved directly with the prosecution. The prosecution and Winograd agreed that outstanding evidentiary questions could be handled collaboratively or addressed during trial.
The parties are slated to reconvene on Dec. 8 for jury trial.
