Parties Deliver Opening Arguments in Murder Case

Parties in a murder case made their opening arguments and spoke to witnesses on July 6.

Nyekemia Everett, 35, and Malik Hewitt, 41, are charged with first-degree murder while armed in the shooting of 37-year-old Christopher Heard on the 2700 Block of Bruce Place, SE, on April 27, 2017.

During opening statements, the prosecution said Heard had recently been released from jail and was selling the drug PCP, a powerful hallucinogen, to make money while staying with a friend.

“It’s because of that drug trade that he was targeted by the defendants,” the prosecution said.

The prosecution argued that the two defendants plotted to rob and kill Heard.

“Defendant Everett shot and killed Christopher Heard,” they said. “The getaway driver is defendant Hewitt.”

The prosecution said surveillance footage would be “the most powerful evidence in this case.” They also said a black car seen driven by the defendants in the footage was later recovered with the alleged murder weapon, a revolver, in the glove compartment.

In defense attorney Michael Madden’s opening statement, he said that, on the night of the homicide, Heard was high on PCP and attempting to rob a witness at the crime scene of $15.

Madden said this witness had initially supported this narrative when talking with police, but changed her story after a detective suggested she was potentially liable.

Defense attorney Nikki Lotze followed.

“The only evidence that Mr. Hewitt was involved in any robbery comes from [this witness], and it will become clear to you that she cannot be trusted,” she said.

The prosecution’s first witness said she was close with Heard for 10 to 15 years. She allowed Heard, who she referred to as “Fat Daddy,” to stay at her home since his release from jail. She said she was aware that Heard sold PCP, but did not allow him to sell or smoke it in her home.

Before the shooting, Heard accompanied the witness to court as she got off probation and they later went to a party to celebrate the occasion, she said. She was later awoken by her daughter around 3:30 a.m., who told her to “please go check on Uncle Fat Daddy.”

After discovering Heard was not in the house, she said she went outside, where she saw him on the ground with what she believed to be blood on his shirt. She then called 911. The prosecution played a recording of the call during the trial.

A Metropolitan Police Department lieutenant was also called to the witness stand. He did not finish his testimony, however. Judge Neal Kravitz said he will continue when the trial resumes on July 7.

Hewitt is also charged with possession of a firearm during an act of violence, felony murder while armed and conspiracy in this case. Everett is also charged with possession of a firearm during a crime of violence, unlawful possession of a firearm, fleeing a law enforcement officer, attempt to commit robbery while armed, conspiracy and obstructing justice.

Judge Says He Will Issue Order on Unopposed Motion in Murder Case by July 12

A DC Superior Court judge said he will issue an order on an unopposed motion in a murder case that has been affected by forensic errors by July 12.

Ron McLeoud, 28, and his former co-defendant, Joseph Brown, 31, are charged with first-degree murder while armed in the deaths of 29-year-old Amari Jenkins on Aug. 15, 2015, on the 4900 block of East Capitol Street, SE, and 21-year-old Antwan Baker on Nov. 12, 2015, on the 5300 block of Clay Terrace, NE.

The two were indicted as co-defendants, but their cases went on to be severed due to errors with ballistic evidence. Those errors caused incorrect information to be presented to a grand jury, D.C. Witness previously reported. McLeoud’s attorney, Steven Kiersh, motioned to dismiss the indictment. Brown’s attorney, Brian McDaniel, joined the motion.

Only McLeoud’s case was heard on July 6. During the hearing, Judge Milton Lee said a short order would be issued by Monday regarding the prosecution’s motion asking the court to reconsider a decision from last November that certain Department of Forensic Services (DFS) documents withheld in response to the prosecution’s subpoena did not need to be produced, according to court documents.

The November decision, which granted only in part a motion to require the DFS to produce certain documents related to the case, was made by Judge Todd Edelman.

The defense does not oppose the prosecution’s motion for the court to reconsider Judge Edelman’s decision to withhold some of the documents.

Judge Lee agreed they should have the documents and said he will first talk to Judge Edelman before accepting the motion and sending the documents to the prosecution.

Due to these developments, Judge Lee pushed back the deadline for when the prosecution needs to respond to the defense’s motion to dismiss the indictment to July 26. The defense has until Aug. 9 to respond to the prosecution.

McLeoud and Brown are also charged with conspiracy, possession of a firearm during a crime of violence, assault with intent to kill while armed and aggravated assault knowingly while armed in their cases. Brown is also charged with unlawful possession of a firearm with a prior conviction.

The two defendants’ cases are scheduled to return to court on Sept. 24.

Second Teen Girl Sentenced for Murder of UberEats Driver

A teenage girl was sentenced to juvenile detention until she turns 21 for her role in the murder of a 66-year-old UberEats driver.

The girl was 13-years-old at the time of the March 23 homicide. She and another girl, who was 15-years-old at the time, attempted to carjack Mohammad Anwar on the 1200 block of Van Street, SE.

The girls were armed with a stun gun and, when Anwar accelerated the car, it ran into a tree, which flipped the car, D.C. Witness previously reported. Anwar was pronounced dead at a local hospital.

The younger girl was convicted of second-degree murder.

The older defendant was sentenced as a juvenile for felony murder on June 4. She will be held under the supervision of the Department of Youth Rehabilitation Services (DYRS) until she is 21.

“He might just be a name, a victim, but let me tell you what an angel the world lost that day,” Anwar’s daughter said during the older defendant’s sentencing hearing.

Judge Holds Three Homicide Co-Defendants During Presentments

A DC Superior Court judge held three homicide defendants during presentments on July 3.

Co-defendants Malik Bynum, 21, Mark Fletcher III, 21, and Larry White, 20, are charged with first-degree murder while armed in the shooting of 21-year-old Rosado Miller on the 1300 block of Brentwood Road, NE.

After deciding that all three defendants should be held at DC Jail, Judge Juliet McKenna scheduled their next hearings for July 22.

Judge Mckenna also held a domestic violence defendant who is charged with simple assault, destruction of property, violating a Civil Protection Order and contempt. He is accused of violating his release conditions in another case. The judge issued four stay away orders and scheduled him to return to court on July 20.

Judge McKenna released seven other domestic violence defendants. Their charges included simple assault, attempted threats to do bodily harm, attempted possession of a prohibited weapon, assault with a dangerous weapon and destruction of property. Three of them were given stay away orders.

The released defendants’ next hearings are scheduled for July 22, July 29 and Oct. 29.

A total of 33 defendants were brought before the court.

Document: Police Investigate Traffic Fatality

Metropolitan Police Department (MPD) detectives are investigating a traffic fatality that occurred on July 3 at about 12:54 a.m. in the intersection of 14^th and K Street, NW.

The victim has been identified as 20-year-old Jamya Williams, according to the press release.

Document: Two Deadly Shootings Occur on July 2

Metropolitan Police Department (MPD) detectives are investigating two homicides that occurred on July 2.

An arrest was made in relation to a homicide that occurred on July 2. At about 8:41 p.m. police responded to the 1300 block of Brentwood Road, NE, due to reports of gunshots. According to the press release, police found 21-year-old Rosendo Miller suffering from multiple gunshot wounds. He was later pronounced dead at a local hospital.

On July 2, 21-year-old Mark Fletcher, 21-year-old Malik Bynum and 20-year-old Larry White were arrested and charged with felony murder, according to the press release.

At about 8:22 p.m. on July 2, police responded to the 1400 block of Smith Place, SE, due to reports of an unconscious person. Police found an unconscious victim inside of a vehicle, who was pronounced dead on scene.

Document: Victim Succumbs to Injuries From June Shooting

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on June 29.

At about 4:41 p.m. police responded to the 4000 block of Alabama Avenue, SE, due to reports of an unconscious person. According to the press release, police located 21-year-old Ranel Marshall with gunshot wounds and transported her to a local hospital.

On July 4, Marshall was pronounced dead at the hospital due to gunshot wounds, according to the press release.

Domestic Violence Defendant Plans to Enter Into Deferred Sentencing Agreement

On July 6, defense attorney Kevin Robertson said his client is willing to enter into a Deferred Sentencing Agreement (DSA) as part of a plea offer from the prosecution.

In June 2020, the defendant was charged with first-degree cruelty to children and assault with a dangerous weapon. The cruelty to children charge was later changed to attempted second-degree cruelty to children.

A DSA involves the defendant entering a guilty plea; however, if they successfully complete the requirements imposed on them, their guilty plea will be withdrawn and their case dismissed.

DC Superior Court Judge John McCabe scheduled an Aug. 25 hearing for the defendant to enter into the DSA.

Document: Police Investigate July 5 Homicide

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred during the July 4th holiday weekend.

At about 2:53 a.m. on July 5 police responded to the 4700 block of Southern Avenue, SE, due to reports of an unconscious person. Police found 34-year-old Antonio Muchetta and pronounced him dead on scene, according to the press release.

Crime Alerts: July 5-6

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m. on July 5 and 9:00 a.m. on July 6.

An alert was sent out at 6:22 a.m. due to a stabbing at 19th and Ridge Place, SE. Police were looking for a Black male wearing jeans, a black cap, a dark-colored shirt and a black pack.

Counsel Selects Jurors for A Murder Case’s 2nd Trial

Jury selection ended for the first murder trial to come to the DC Superior Court in more than one year.

Nyekemia Everett, 35, and Malik Hewitt, 41, are charged with first-degree murder while armed in the shooting of 37-year-old Christopher Heard on the 2700 Block of Bruce Place, SE, on April 27, 2017.

When jury selection began on June 30, Judge Neal Kravitz selected 30 potential jurors. On July 1, he saw an additional 30 candidates and kept 15.

The 45 potential jurors were then reduced 16, four of whom are alternates. The trial is expected to begin on July 6 and last until July 23.

Former Chief Judge Robert E. Morin suspended jury trials in March 2020 due to the COVID-19 pandemic. Chief Judge Anita Josey-Herring authorized them to resume in April, with safety precautions in place.

Hewitt and Everett’s previous trial began in February 2020, but Judge Josey-Herring declared a mistrial in August 2020 due to the pandemic, D.C. Witness reported.

Hewitt is also charged with possession of a firearm during an act of violence, felony murder while armed and conspiracy. Everett is also charged with possession of a firearm during a crime of violence, unlawful possession of a firearm, fleeing a law enforcement officer, attempt to commit robbery while armed, conspiracy and obstructing justice in this case.

Judge Releases Eight Domestic Violence Defendants, One Sex Abuse Defendant During Presentments

A DC Superior Court judge released eight domestic violence defendants and one sex abuse defendant during presentments on July 1.

In total, 22 defendants were presented before the court.

The charges for the domestic violence defendants include simple assault, assault with a dangerous weapon, possession of a prohibited weapon, contempt, destruction of property less than $1,000, threats to do bodily harm and attempted threats to do bodily harm. Judge Sean Staples gave six of them stay away orders.

The remaining defendant was charged with misdemeanor sex abuse. Judge Staples issued him a stay away order as well.

Six of the defendants are scheduled to return to court on Oct. 28. The other three defendants have court dates scheduled for July 22, July 26 and Nov. 4.

Judge Sentences Domestic Violence Defendant to More than 11 Months

A DC Superior Court judge sentenced a domestic violence defendant to more than 11 months on July 1.

In December 2020, Tavarus Thompson was initially charged with assault with a dangerous weapon, kidnapping and threat to kidnap or injure a person. Back in April, he pleaded guilty to simple assault and felony contempt.

“I would like to start out for saying I do apologize for my actions, and I do take full responsibility for my actions,” Thompson said. “I’m not that type of guy.”

Judge John Campbell sentenced Thompson to 150 days for the assault charge. He also sentenced him to one year for the contempt charge, but suspended half that time. The sentences will run consecutively.

Thompson has been held at DC Jail since December 2020. He will receive credit for time served.

His sentence will be followed by one year of supervised probation. As part of his probation, Thompson must partake in a Domestic Violence Intervention Program, housing assistance and a mental health screening and evaluation.

Judge Finds Substantial Probability for Sex Abuse Case, Holds Defendant

A DC Superior Court judge ruled that a sexual abuse case has enough evidence to go to trial.

The 33-year-old defendant is charged with assault with intent to commit third-degree sex abuse and kidnapping.

According to court documents, on May 22, the defendant allegedly grabbed the victim’s waist from behind and tried to lift her dress up on the 2900 block of Adams Mill Road, NW. The defendant then allegedly fought the victim to the ground, put one hand over her mouth and the other into her underwear.

During the July 1 hearing, Judge Marisa Demeo found substantial probability that the defendant committed this act, saying the evidence and witnesses testimony are credible and strong.

A Metropolitan Police Department (MPD) detective testified that an eyewitness saw a man on top of the victim as she screamed. Five witnesses said they heard her screaming and saw the defendant running away from the scene. Witnesses also said the defendant had scratches and some blood on his face.

The defendant allegedly told one of the witnesses, “the Black guy did it,” before continuing to speak Spanish.

According to court documents, an officer heard the defendant say, “It was an accident, I ran down the hill, tripped and fell onto [the victim]. I was trying to hold her down to tell her it was an accident.”

The detective said that the officers on the scene smelled alcohol on the defendant’s breath and said he appeared to be intoxicated.

Defense attorney Rachel Cicurel then asked the detective how they identified the defendant. That detective said that, usually, the process is done with just the victim to make sure there is no bias; however, this time, the victim was with her husband for the identification.

Cicurel also brought up how the victim was able to identify the defendant. Circurel wanted to know at what point during the incident the victims’ glasses were knocked off, but the detective could not identify when. Circurel argued that this could have impaired her ability to correctly identify the defendant.

The prosecution wanted to continue to hold the defendant at the DC Jail, arguing he poses a danger to the community and his alleged attempt to flee the scene suggests he poses a flight risk.

Judge Demeo decided to hold the defendant.

“Nothing about this suggests it was an accident,” she said.

The next hearing is scheduled for Sept. 19.

Mara Osterburg wrote this article.

Document: Suspect Arrested in Relation to Homicide

The Metropolitan Police Department (MPD) have arrested a suspect in relation to a homicide.

At about 6:57 p.m. on June 30 officers responded to the 1600 block of 17^th Place, SE, due to reports of a traffic accident. Police found 46-year-old Joseph Ogunjodu in a vehicle with stab wounds and later pronounced him dead on scene.

On June 30, police arrested 40-year-old Herbert Smallwood and charged him with second-degree murder while armed.

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