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Kendall Cunningham, released from jail earlier this summer with all his charges dropped, will be tried as an adult for allegedly pointing a gun at two teenagers during a Lawrenceburg home invasion, according to court documents.
Cunningham, 18, of 545 Carlton Drive, Lawrenceburg, is scheduled to appear in Anderson Circuit Court Dec. 17 at 9 a.m. for a disposition hearing.
Cunningham was released from jail in August 2013 with all his charges dismissed following a complaint about his case’s improper transfer from juvenile to Circuit Court.
Cunningham, who turned 18 on June 20, now faces five felony charges as an adult for his alleged involvement in a February 2013 home invasion on Citation Lane.
The Anderson Grand Jury indicted Cunningham on Nov. 5 of two counts first-degree robbery, two counts of theft by unlawful taking of firearms and one count of tampering with physical evidence.
He pleaded not guilty to the felony charges during a Nov. 26 arraignment in Circuit Court, according to documents.
Cunningham’s legal counsel, Brent Cox of Lexington, filed a motion Aug. 20 to dismiss the charges against Cunningham and claimed Cunningham’s transfer order from juvenile to Circuit Court was insufficient and invalid.
The Anderson County District Court failed to communicate with Cunningham regarding the case’s move to Circuit Court, Cox said in his motion to dismiss.
Circuit Court Judge Charles Hickman dismissed charges against Cunningham that same day, according to court records.
At the time of Cunningham’s release, the Commonwealth Attorney’s office said it had every intention in seeing Cunningham’s case transferred to circuit court.
Cunningham was taken into juvenile custody on Sept. 26 on the order of the Anderson County Attorney’s Office to hear previous charges, according to Circuit Court documents.
His juvenile transfer hearing was held Oct. 23, and Cunningham is currently being held at Shelby County Detention Center on a $10,000 cash bond.
According to documents from the Lawrenceburg Police Department, a 17-year-old Cunningham allegedly followed two other male suspects, Andrew Muns and Charles Peach, into a Citation Lane residence in late February as a fourth man, Ryan Ashburn, waited in a getaway car outside.
Once inside the Citation Lane residence Peach, Muns and Cunningham allegedly stole $30 in cash from one of the victims along with a .9 mm handgun and a .40 caliber rifle that belonged to owner of the residence, who was not home at the time.
Cunningham wore a bandana over his face, police said, and allegedly pointed the handgun at two teenagers inside the home and threatened them.
During the invasion, police said, Cunningham removed the gun’s magazine and showed the two teenage victims that the gun was not fake, and that it was loaded.
Muns was also scheduled to appear for a disposition hearing on Tuesday and Ashburn’s disposition hearing is set for Jan. 7, 2014 in Circuit Court, according to court documents.
Cunningham’s name was not initially released by law enforcement at the time of his March 2013 arrest due to his juvenile status.