Sep 6, 2014 3 min read

A Washington County judge denied a motion to release from jail an Ellsworth man accused of holding a 19-hour standoff with police and having sex with a 15-year-old girl because the official felt he was a danger to society.

Washington County Common Pleas Judge Valarie Costanzo denied a motion during a hearing Friday, asking Joe Carl Cunningham, 48, be freed because the county district attorney’s office failed to bring the case to trial within 180 days as required under state court Rule 600.

A section of Rule 600 states if a criminal defendant is held in pretrial incarceration for a period exceeding 180 days, the defendant is entitled to immediate release on nominal bail.

While Costanzo agreed the district attorney’s office failed to bring the case to trial in the allotted time, Costanzo said Cunningham’s crimes made him a danger to the public.

She then scheduled his cases for jury selection Monday.

Cunningham is accused of keeping police at bay for roughly 19 hours at the 36 Oak St. home he and his wife of 13 years, Crystal Cunningham, once shared, and taking his stepdaughter hostage Feb. 14. Crystal Cunningham filed, and was granted, a temporary protection-from-abuse order earlier that same day. The PFA protected Crystal Cunningham and her three children from Joe Cunningham.

Joe Cunningham was charged with burglary, aggravated assault, unlawful restraint, terroristic threats, simple assault, criminal mischief and reckless endangerment as a result.

In late February, during his preliminary hearing on the standoff, the district attorney’s office also brought charges against Cunningham for having sex with a 15-year-old girl on several occasions dating to Feb. 1, 2013. He is also accused of using his phone to photograph and videotape the girl at several stages of undress, court documents showed. He was charged with several counts each of involuntary deviate sexual intercourse, statutory sexual assault and indecent assault of a person less than 16 years of age, as well as corruption of minors and using photograph, film or a computer to depict sex involving a child.

Washington County Assistant District Attorney Kristin Clingerman declined to comment on the case.

Cunningham’s attorney, Chris Blackwell, said he and his client are prepared to go to trial in the upcoming weeks but was disappointed in the course of events.

“They can’t use the excuse that there was no trial term in August,” Blackwell said. “Keeping him in jail is against the rule, but if she finds danger, then it’s right to deny bail.”

Cunningham remains in Washington County jail on a combined bond of $500,000.