Murder Defendant Decides to Keep Counsel

By D.C. Witness Staff - March 28, 2019
Court | Daily Stories | Homicides | Suspects |

A murder defendant was prepared to waive his right to make any challenges regarding his counsel because of a potential conflict of interest. However, the defendant’s co-defendant was hesitant to do the same.

Nyekemia Everett and Malik Hewitt are charged with first-degree murder while armed, among other offenses, for their alleged involvement in the shooting of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017. According to court documents, Everett, 33, and Hewitt, 38, allegedly planned to rob Heard, shooting him in the process.

To mitigate the situation between the defendant and his lawyer, Justin Okezie was appointed to Hewitt and presented in court on March 27. Okezie said Hewitt is aware of any conflicts on the part of his defense attorney, Nikki Lotze.

“He wants to go forward with Ms. Lotze and he is waiving any potential conflict,” Okezie told the court. Two defense attorneys who previously worked on Hewitt’s case were dismissed last month.

Before Hewitt can officially submit the waiver, Everett has to also waive any challenges to any conflict as well. The court granted a continuance to conduct a thorough discussion about the defendant’s representation.

According to the American Bar Association, a lawyer may request that their client can waive any future conflict that may arise, so long as the client has a “requisite understanding” of the matter and consents to a particular type of conflict. If the consent is not specific, it will be considered ineffective.

Everett is scheduled for a status hearing on April 8. Both defendants are scheduled to appear for a status hearing on April 18.