Judge Grants Additional Competency Testing

By D.C. Witness Staff - December 6, 2018
Court | Daily Stories | Homicides | Suspects |

On Dec. 3, a  D.C. Superior Court judge granted an independent competency evaluation for a murder defendant who was previously deemed competent to go to trial.

Malik Hewitt and Nyekemia Everett are charged with first-degree murder while armed for their alleged involvement in the shooting death of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE. According to court documents, Everett, 33, and Hewitt, 38, allegedly planned to rob Heard and ended up shooting him in the process.

The co-defendants are also charged with felony murder while armed, conspiracy, attempt to commit robbery while armed and possession of a firearm during a crime of violence.

The co-defendants are scheduled to go to trial on March, 4, 2019.

During the hearing, Judge Danya Dayson said she received a medical report that said Hewitt is competent, understands his charges and is merely “malingering for secondary gain.”

However, Hewitt’s defense attorney, Jonathan Zucker, refuted the competency finding, saying that while his client may understand the charges he is “unable to assist in communicating with counsel.”

After Judge Dayson granted the independent evaluation, the prosecution notified the court that they may not be ready for the trial date if the defendant’s competency is continuously debated.

Everett and Davis are scheduled for a status hearing on Jan. 3, 2019.