DC Superior Court Judge Errol Arthur warned a defendant in a March 10 hearing that he is risking his freedom because he keeps violating his curfew.
David Cunningham, 27, pleaded guilty to carrying a pistol without a license in connection to his involvement in a shooting with an unidentified individual on the 2700 block of Stanton Road, SE on Sept. 1, 2023. Cunningham sustained two gunshot wounds.
Heentered a guilty plea in December of 2023. Judge Arthur sentenced Cunningham to 12 months of imprisonment with time suspended and two years of probation in February of 2024. Cunningham has also been arrested in a case in Maryland.
At the hearing, representatives from the Pre-Trial Services Agency (PSA) requested Cunningham’s release be revoked due to multiple curfew violations and changing his primary residence without authorization or notifying PSA
Defense attorney Diana Yu told the court that Cunningham’s violations were “situational.” She said he has been having arguments with his roommate and that resulted in Cunningham’s being locked out of the residence past curfew.
Yu claimed his other violations were due to traffic and transportation complications with Uber ride-share.
“Time enough for all the excuses,” Judge Arthur said. “He is dropping the ball with his freedom when he is calling an Uber.”
“At age 27 he is past the point where a judge like myself will treat him like an irresponsible young adult,” Judge Arthur said. “You cannot be fashionably late on a court curfew.”
Judge Arthur reminded Cunningham that he has the option to send him to a “place where there is no question about curfew.”
“You’re looking at throwing away your freedom because you can’t be in the house from 10 p.m. to 6 a.m. Either you can do it, or you can’t do it,” Arthur said about Cunningham’s probationary status. “I recognize the challenge and difficulty, but he needs to do what he has to do to get himself out.”
The judge decided to allow Cunningham to remain on release. “I’m not gonna send you back today, but c’mon,” Judge Arthur said. “I do not want to have this conversation down the line.”
The parties are scheduled to reconvene July 24.
