Judge Terminates Probation

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A DC Superior Court judge terminated a noncompliant defendant’s probation.

Kenneth Cunningham pleaded guilty to robbery, carrying a dangerous weapon and assault on a police officer on Oct. 3, 2017. 

Cunningham, 19, was sentenced to five years of probation under the Youth Rehabilitation Act (YRA.) 

As conditions of his probation, the defendant was required to comply with GPS monitoring, a curfew, anger management classes, a mental health screening and a mentoring program. He was also ordered to do community service.

During the Aug. 10 hearing, a Court Services and Offender Supervision Agency (CSOSA) officer said that Cunningham failed to comply with these terms, despite multiple court orders to do so. 

“He has a blatant disregard for supervision,” the officer said.

Records from his GPS monitoring device revealed that Cunningham traveled to Maryland and Virginia and frequently broke his curfew.

Defense attorney Bryan Bookhard said his client’s violations were the result of his job at a nonprofit music video business that requires him to travel. 

The officer said CSOSA would have accommodated this if they were given notice and proof he completed work.

However, Cunningham said the offer was never extended and that he was instead told to “get a real job.”

The officer also reported that the defendant did not participate in anger management classes. 

Bookhard requested that Cunningham be put on home confinement for a month to prove he can comply with the conditions of his probation.
However, Judge Juliet McKenna decided to terminate the defendant’s probation because all “exhaustive efforts” to work with him failed.