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By
Mia Kimm
, Raina Bonifacio , Amber Fienagha - February 3, 2025
Court
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Daily Stories
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Shooting
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Suspects
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Co-defendants waived their rights to independently test DNA evidence before DC Superior Court Judge Danya Dayson during a hearing on Jan. 31.
Marcell Cradle, 20, and Marcus Cunningham, 19, are charged with assault with intent to kill while armed, four counts of possession of a firearm during a crime of violence, aggravated assault knowingly while armed, assault with intent to commit robbery while armed, conspiracy, and assault with a dangerous weapon. These counts stem from their alleged involvement in a shooting that injured one individual on April 25 at the intersection of 16th and Euclid Streets, NW.
Cunningham is also charged with carrying a pistol without a license outside a home or business, possession of a machine gun, endangerment with a firearm, and unlawful discarding of a firearm or ammunition.
During the hearing, Cunningham’s and Cradle’s defense attorneys, Tammy Thom and Sellano Simmons, told the court that Cunningham and Cradle have decided to waive their rights to independently test DNA evidence.
According to the prosecution, the items include five shell casings, multiple firearms, ski masks, magazine bullets, an iPhone, and a machine gun conversion device.
Judge Dayson told Cunningham and Cradle they have a right to test evidence in a laboratory of their choice and that, depending on the situation, the results can be very useful. After a review of the options ,Judge Dayson was satisfied the defendants made their decision freely and voluntarily.
A representative from Pretrial Services Agency (PSA) said Cradle was briefly found at the stay away location. Simmons explained Cradle was simply driving by in a ride share.
Simmons requested the removal of Cradle’s GPS monitoring. He noted the defendant is employed and needs to interact with customers daily, demonstrating he is a contributing to the community.
The prosecution objected, stating his release conditions are a privilege while Cunningham is detained.
Judge Dayson refused to modify the conditions due to the seriousness of the case.
Parties are slated to reconvene on May 2.