No charges filed in deadly January shooting involving officers in New Carrollton

Brown announced Wednesday that none of the officers involved will be charged in the deadly shooting of Artell Cunningham on Jan. 30. After an investigation by the Independent Investigations Division (IID), the Attorney General’s office concluded that the officers’ actions did not violate Maryland law.

The shooting happened in the early hours of January 30, when officers from the New Carrollton Police Department were patrolling near the 7500 block of Annapolis Road. Around 4:35 a.m., the officers noticed an SUV parked in the roadway and began to investigate. It was soon discovered that the vehicle had been reported stolen in a carjacking that had taken place earlier that evening.

While the officers were still investigating the scene about 20 minutes later, a man, later identified as 34-year-old Artell Cunningham, approached them. According to the Attorney General’s report, Cunningham was visibly armed, holding two handguns as he walked up to officers. Fearing for their safety, the officers drew their service weapons and fired, striking Cunningham. Two handguns were recovered near him at the scene. Cunningham was taken to a nearby hospital, where he was later pronounced dead.

Following the deadly shooting, Maryland’s Independent Investigations Division initiated an investigation to determine whether the officers acted lawfully during the encounter. The IID’s findings were released on October 17, after months of gathering and analyzing evidence, including witness testimony, forensic reports, body camera footage, and the officers’ statements.

In the final report, the IID concluded that the officers had acted in accordance with the law, finding no criminal conduct. The investigation determined that when Cunningham approached with two visible firearms, the officers had reasonable cause to fear for their lives and acted in self-defense by discharging their weapons. Given these circumstances, the Attorney General’s office declined to pursue charges against any of the officers involved.

Under Maryland law, officers are permitted to use lethal force if they reasonably believe they or others are in imminent danger of death or serious bodily harm. 

While no charges will be filed, the IID has released its full investigative report and legal analysis to the public. The report outlines the details of the incident and the evidence that led to the Attorney General’s decision. The Attorney General’s office has also made available previously released video footage of the shooting.