FORT WALTON BEACH — Judsen Cunningham, on trial for causing a boating accident that killed two people, apparently took his own life early Thursday, the day his case likely would have gone to a jury.
Okaloosa County Circuit Judge John Jay Gontarek convened court Thursday morning long enough to declare a mistrial and dismiss the jury.
Okaloosa County Sheriff's Office spokeswoman Michele Nicholson said deputies were called to Cunningham's family's home at 6:43 a.m.
They found Cunningham with an apparent self-inflicted gunshot wound, Nicholson said. Several family members were there when he killed himself, she said.
Cunningham's death came on the morning that his defense team was to begin its case. Assistant State Attorney Jonathan Schlechter had ended his case about 5:30 p.m. Wednesday.
“This has been a tragic case, and it is unfortunate it has ended in such a tragic manner,” said Bill Bishop, the chief assistant state attorney for Okaloosa County.
No one from Cunningham's family was in the courtroom when the news of his death was announced and a mistrial declared. The family of Avery Hatchett, one of the two people killed in the boat wreck for which Cunningham was being tried, was informed shortly before the jury was brought in. His mom, Lisa Hatchett, could be heard sobbing loudly from a room in back of the courtroom. The news left family and friends in tears.
"I was shook to the core of my being. Today is such a sad day for the Cunningham family," Hatchett said later. "It's a day I have experienced myself. I know what they are going to have to endure."
Gontarek brought the jurors in and, before announcing their service to the court had ended, thanked them for their attention during the first two days of trial.
“I have sad and disturbing news," he then told them. "The defendant in this case, Judsen Cunningham, was found deceased this morning. This is a very shocking development for everybody."
Schlechter stood after the announcement and said the charges against Cunningham would be dismissed.
The Okaloosa County Clerk of Court's website listed 14 charges. They included two counts of homicide/negligent manslaughter-BUI; two counts of homicide/negligent manslaughter; three counts of BUI causing serious bodily injury; two counts of BUI causing damaged to property or persons; four misdemeanor charges of violating navigation rules; and one count of larceny of less than $100,000.
Prosecutors seemingly had built a strong case against Cunningham during the first two days of trial. All 11 of the young people who had been on the boat March 18, 2016, when it crashed into the east jetty n Destin's East Pass testified that Cunningham was the driver. Several also testified that he had been drinking before boarding it. One witness even claimed to have seen Cunningham mix a drink after gathering a crew of 12 relative strangers for what was supposed to have been a short harbor cruise.
Although she had waited three years for the trial, Hatchett said she found no true closure, particularly given the sad way it ended.
"I think closure is a word that's definitely overused. I don't think you ever find closure in a horrific, bad situation like this," she said. "You find every day the tools you need to get by."
Cunningham spent less than a day behind bars in the three years since he was arrested. Jail records indicate he posted a $120,000 bond about 16 hours after his arrest Aug. 19, 2016.
PHOTOS: Site of crash site in 2016 >>
The Florida Fish and Wildlife Conservation Commission has confirmed the following people were on the 28-foot boat Pursuit when it crashed in 2016:
Anna Sorokina, 21, and Avery Hatchett, 22, were killed in the crash.
- Judsen Cunningham, 29, of Destin
- Justin Echternacht, 27, of Fort Walton Beach
- Roxanne Angelle, 31, of Destin
- Tara Banks, 30, of Destin
- Jonathan Goodhart, 33, of Shalimar
- Alexander Staniszewski, 27, of Santa Rosa Beach
- Byron Weiss, 25, of Virginia Beach, Virginia
- Jerry Degroot, 27, of Destin
- Billy Blankenship, 27, of Destin
- Dylan Asble, 25, of Mary Esther
Passengers in the boat
This article originally appeared on Crestview News Bulletin: JUDGE in BUI trial: 'I have sad and disturbing news'