Co-defendant Case is Two Cases, Defense Says

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A defense attorney said a murder caseshould be treated as two separate cases.

Nyekemia Everett and Malik Hewitt are charged with first-degree murder while armed, conspiracy, attempt to commit robbery while armed and possession of a firearm during a crime of violence for their alleged roles in the murder of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017.

“This is really two cases,” said Everett’s defense attorney, Michael Madden. He didn’t expand his statement any further.

Everett and Hewitt are being tried as co-defendants in this murder case.

The prosecution began the opening statements on March 3. They based their argument off the presumption that this was a prearranged robbery on Heard.

“Easy money was the only way to describe what happened,” a prosecutor said during opening statements.

According to the prosecution, on April 26, 2017, Hewitt, Everett, and Everett’s girlfriend were driving around town. 

According to the prosecution, the female then got in contact with Heard via a texting app called TextMe. They were in contact on April 26, 2017. However, they did not arrange a place to meet until April 27, 2017. The female then waited where Heard instructed her to wait for him during the early hours of April 27, 2017.

Heard arrived and the female gave him her money. Once Heard would not give her the drugs in return, Everett approached.

Everett had a firearm in his hand and demanded Heard give the money up. When he did not give the money up, Everett allegedly shot him two times. One shot in the leg, and one fatal shot in the chest.

Apparently, Heard was staying with the witness for a few days, since he was just released from jail. The witness checked her sofa and did not see him there. Then she proceeded to go to her back door and saw him outside on the ground.

She ran back inside and called 911.

A MPD watch commander was driving by in the area with his windows down and said he heard the sound of gunshots.

When MPD officers located Heard’s body, he was laying in between two SUV’s on the outside passenger side of the rear wheel.

There was a cell phone recovered near Heard’s body.

The defense attorney said she does not think this was a robbery.

Defense attorney, Nikki Lotze said the only evidence the prosecution has will be the female’s testimony. Madden said she was offered a deal in exchange for her cooperation.

“They (the prosecution) get to decide whether she’s telling the truth,” Madden said.

Trial is scheduled to resume on March 4.

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