Judge Schedules Hearing to Determine if Key Witnesses Can Testify Via Video

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A DC Superior Court judge shifted pre-selected trial dates and continued a hearing to allow time for parties to determine if expert witness testimony would pose an issue at trial.

Nyekemia Everett, 35, and Malik Hewitt, 40, are charged with first-degree murder while armed in the death of 37-year-old Christopher Heard. On April 27, 2017, Heard was found unresponsive on the 2300 block of Ainger Place, SE suffering from gunshot wounds to the chest and upper thigh. He was pronounced dead on the scene.

During the March 18 proceeding, Judge Juliet McKenna said she is making an effort to close unnecessary gaps in previously selected trial dates in order to free courts and reduce the risk of infection during the breaks.

Judge McKenna was able to vacate two extra days allotted for jury selection and shifted the trial date to begin on July 6, 2022, and go through July 23, 2022.

The prosecution also said  there may be an issue with one of the key witnesses, who lives in San Francisco. The prosecutor said the witness is unwilling to fly to testify in court due to the pandemic.

Judge McKenna told the prosecution the matter would probably need to be litigated to establish if video testimony would stand in court.

Everett has 12 additional charges that consist of an attempt to commit robbery while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, fleeing a law enforcement officer, and obstructing justice.

Hewitt has five additional charges which include conspiracy, attempt to commit a robbery while armed, and possession of a firearm during a crime of violence.

Judge McKenna continued the hearing to April 14.

2017 CF1 009418

2017 CF1 008254