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Joseph Frank Cunningham will face a jury trial later this year. A grand jury in Amherst County returned a “true bill”, indicting the 44-year-old Buckingham County resident on charges of first-degree murder and use of a firearm in the commission of a felony. The grand jury found there was enough evidence to send the case to trial. 

In an earlier February hearing, Amherst General District Court Judge Sam Eggleston III dropped four of the charges against Cunningham, the man accused of shooting Kevin Hartless, who had been in a relationship with Cunningham’s wife, Jennifer. Judge Eggleston dismissed charges of felony homicide, conspiracy to commit abduction and two counts of abduction. 

The case, which includes another defendant, Cunningham’s 19-year-old daughter Summer, stems from an incident that took place on Jan. 19, 2023. On that date around 11 a.m., Amherst County sheriff’s deputies responded to a 911 call coming from the Alhambra Road area. Dispatchers were told there was a man in the George Washington National Forest suffering from a gunshot wound.

Deputies arrived to find the 49-year-old Hartless dead in a remote area of the forest.. At the time, 43-year-old Cunningham was arrested at the scene, charged with voluntary manslaughter. His daughter and her boyfriend, David Chester Christian were later arrested and charged in connection with the crime in September. Judge Eggleston dismissed all charges against Christian during a February hearing. Summer Cunningham will have her own day in court on Tuesday, March 19. 

What led to Hartless’ death? 

It was the situation leading up to Hartless’ death that has divided prosecutors and the defense during these hearings. The defense attorneys argue there was no premeditation, but that it was simply a bad situation that got out of hand. The prosecution, meanwhile, claims there was an intent to kill from the beginning. 

Amherst County Commonwealth’s Attorney Lyle Carver’s case has been focused on adultery. Joseph Cunningham, Carver has alleged, wanted to prove his wife Jennifer was having an affair with Hartless. Joseph wanted evidence to help in his divorce and the custody battle for their younger child that would follow. The affair is not in question. Both sides acknowledge the relationship between Hartless and Joseph’s wife. 

Carver has said Summer, and her boyfriend, Christian, agreed to help get this evidence. On Jan. 19, 2023, the trio spotted Jennifer and Hartless at a store in Nelson County and started following them, trailing all the way to the national forest. At that point, Carver argued, Christian blocked Hartless in with his vehicle, with a plan to take a picture of the two together. 

A fight broke out between Hartless and Joseph. Ronnie West, the attorney for Joseph Cunningham, has told the court that during the fight, Hartless grabbed his gun and fired it toward Joseph. 

Joseph, in turn, grabbed Christian’s gun from the truck and shot back, killing Hartless. Joseph was just defending himself, West argued. The prosecution, meanwhile, argues it was no accident. 

Back in February, Amherst sheriff’s deputies testified to the existence of a recording, made prior to the day of the killing. Hartless had apparently filmed a phone argument between Joseph and Jennifer, where Joseph said he would “blow his [expletive] brains out,” referring to Hartless. 

Kevin Hartless had previously worked with Joseph and the men had argued over the affair. 

Bond denied for Joseph Cunningham 

Back in February, Eggleston had agreed to a $50,000 secured bond for Joseph, but the prosecution immediately appealed that decision, arguing Joseph Cunningham was a danger to the community because of the charges against him. 

During that appeal, West pointed out his client has almost a spotless record, with virtually no arrests before this situation. Amherst Circuit Court Judge Jeff Bennett, however, said due to the nature of the case, he had concerns about allowing bond. He rejected the bond request, which means Joseph Cunningham will remain in jail until April 9, when a judge will hear arguments about if two additional charges, aggravated murder during an abduction and abduction to extort money or benefits, will be added to the case. 

Joseph Cunningham’s first-degree murder trial is set to begin on May 3.