‘Disproportionately Harsh,’ Judge Says in Sentencing Homicide Defendant

By Grace Nardei [former] , Miranda Calderon - February 26, 2024
Daily Stories | Homicides | Shooting | Suspects | Victims |

On Feb. 23, DC Superior Court Judge Neal Kravitz reluctantly sentenced a co-defendant to 30 years in prison for his involvement in a 2017 homicide.

On July 26, 2021, Malik Hewitt, 43, was convicted of conspiracy, attempted robbery while armed, and felony murder while armed, for his involvement in the murder of 37-year-old Christopher Heard during an attempted robbery on April 27, 2017, at the 2300 block of Ainger Place, SE. 

Hewitt’s co-defendant, Nyekemia Everett, 38, was convicted of first-degree murder while armed, conspiracy, attempted robbery while armed, and possession of a firearm during a crime of violence, among other charges, for his involvement in the incident. 

The new sentence comes after a post-conviction appeal filed by Everett’s defense attorney Michael Madden and Hewitt’s defense attorney Nikki Lotze over a prior sentencing, which occurred on Oct. 19, 2021.  

At the Feb, 23 hearing, Judge Kravitz vacated Hewitt’s charge for attempted robbery while armed, but denied his request to dismiss the charge for felony murder, citing precedent that prevented him from eliminating specific charges that were returned to him for consideration.

According to Judge Kravitz, if he had the authority, he would have delivered a different verdict for Hewitt, adding that the sentencing is “disproportionately harsh” to the crime. He also argued that it seems Hewitt did not intend to kill anyone on the day of the incident, and that Hewitt was “less culpable” than Everett. 

He added that he hoped Hewitt would consider appealing to the DC Court of Appeals, saying that his appeal could help provide clarity as to whether a trial judge has discretion on which felony counts should be vacated.

“I’m either right about everything, or wrong about everything,” said Judge Kravitz, asserting that though he believed there were inconsistencies between the precedents preventing him from vacating the charge, he also believed that his assessment would not be a “harmless error” if he was wrong.

Judge Kravitz sentenced Hewitt to 30 years in prison with five years of supervised release for felony murder while armed, and two years in prison with three years of supervised release for conspiracy. The sentences will be served concurrently with credit for time served.

Everett was not present at the hearing due to his relocation to a new Bureau of Prisons (BoP) facility.

Everett’s sentencing date is set for April 12.