Jurors in Murder Trial Begin Deliberations

On July 22, jurors in the first murder trial the DC Superior Court has held in more than a year began deliberations.

Nyekemia Everett, 35, and Malik Hewitt, 41, are charged with first-degree murder while armed in the death of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE, on April 27, 2017.

The prosecution alleges that Everett shot Heard, while Hewitt acted as the getaway driver.

They allege that the two defendants plotted to rob and kill Heard, who was selling the drug PCP to make money after having recently been released from jail. But during her closing arguments, Hewitt’s defense attorney, Nikki Lotze, pointed out that, after Heard was killed, Everett never took the money in his pocket.

However, during their rebuttal, the prosecution argued that the defendants would have made significantly more money from robbing Heard compared to if they were only dealing drugs.

Lotze also pointed out the inconsistencies in the various statements of two of the prosecution’s witnesses, including the woman who says she was with the defendants before, during and after the homicide.

Michael Madden, Everett’s attorney, completed the closing arguments he began the previous day. He argued that having a weapon was normal in his client’s day-to-day life, and casted doubt on the notion that Everett intended to hurt anyone on the night Heard was killed.

Judge Releases Two Domestic Violence Defendants During Presentments

On July 22, 27 defendants were brought before DC Superior Court Judge Renee Raymond for presentments.

Two domestic violence defendants were charged with simple assault. A sex abuse defendant was charged with misdemeanor sex abuse.

Judge Raymond released all three of them with stay away orders. They are all scheduled to return to court on Nov. 4.

Of the remaining defendants, 17 were released and seven were held.

Crime Alerts: July 22-23

The Metropolitan Police Department (MPD) sent out four crime alerts between 9:00 p.m. on July 22 and 9:00 a.m. on July 23.

A crime alert was sent out at 9:14 p.m. due to a shooting at the corner of 14th and Riggs Street, NW. Police identified the suspect as a Black male in a lime green/yellow hooded sweater fleeing in an older black Honda Civic.

A second crime alert was sent out at 12:29 a.m. due to a shooting at the unit block of 53 Street, SE. Police do not have information on the suspect(s).

A third crime alert was sent out at 2:07 a.m. due to a shooting at the 3700 block of Jay Street, NE. Police do not have information on the suspect(s).

A final crime alert was sent out at 3:30 a.m. due to a robbery investigation at the 1800 block of New Hampshire Avenue, NW. Police identified the suspect as a Black male wearing a black ski mask, black shirt and armed with a small handgun.

Document: Homicide on Jay Street, NE

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on July 21.

At about 1:00 a.m. police responded to the 3500 block of Jay Street, NE, due to reports of gunshots. An adult victim, 25-year-old Malik Mack was pronounced dead on scene.

Judge Sets Sentencing for Murder Conspiracy, Accessory Defendant

A DC Superior Court judge scheduled a defendant charged in connection with a 2008 homicide to be sentenced in October.

In 2015, Joshua Massaquoi was charged with first-degree murder while armed in connection with the shooting of 21-year-old Michael Francis Taylor on June 22, 2008, on the 600 block of Farragut Street, NW. The 33-year-old defendant ultimately pleaded guilty to conspiracy to commit murder, accessory to second-degree murder and possessing a firearm during a crime of violence.

Massaquoi is currently being held at St. Elizabeths Hospital, DC’s psychiatric institution. During the July 22 hearing, defense attorney Matthew Davies said his client is “committed to maintaining a positive direction.”

The defendant was on home confinement waiting to be sentenced until March 2021, when a bench warrant was issued for his arrest and he was taken to the hospital, D.C. Witness previously reported. Earlier this week, Judge Milton Lee found him competent to be sentenced.

Judge Hiram Puig-Lugo scheduled a status hearing for Aug. 10 to ensure Massaquoi continues to receive treatment at St. Elizabeths. He scheduled the sentencing hearing for Oct. 28.

A jury found Mason Binion, 34, guilty of first-degree murder while armed in connection with Taylor’s death in February 2020. He is currently waiting to be sentenced. Victor Carvajal, 34, was also charged with first-degree murder while armed, but his case was later dismissed.

Closing Arguments Begin in Murder Trial

July 21 marked the first day of closing arguments in a murder trial.

Nyekemia Everett, 35, and Malik Hewitt, 41, are charged with first-degree murder while armed in the death of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE, on April 27, 2017. The prosecution alleges that the two defendants plotted to rob and kill Heard, who was selling the drug PCP to make money after having recently been released from jail. They allege that Everett shot Heard, while Hewitt acted as the getaway driver.

The prosecution walked the jury through the day of Heard’s death as they argue it unfolded. They recounted the cell phone records and video footage they admitted as evidence.

Everett’s defense attorney, Michael Madden, challenged the credibility of the prosecution’s key witness, and argued that the DNA evidence was lacking. He went on to argue that the police’s canvassing of the area around the crime scene was insufficient, and that the prosecution chose not to interview other potential witnesses at the apartment complex where Heard was killed.

Defense attorney Nikki Lotze is scheduled to deliver her closing arguments on July 22.

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 Grants, in Part, Attorney’s Motion to Withdraw from Sex Abuse Case

A DC Superior Court judge granted, in part, a defense attorney’s motion to withdraw from a sex abuse case.

The defendant is indicted on 29 counts including first-degree sex abuse, assault with intent to commit first-degree sex abuse, attempted first-degree sex abuse and third-degree sex abuse. He is also charged with first-degree child sex abuse in a domestic violence case.

At the defendant’s request, defense attorney Kristin McGough motioned to withdraw as counsel in May.

During the July 22 hearing, the prosecution said that, in his last felony case, the defendant switched counsel five times. The prosecutor did not oppose the request for new counsel, but asked Judge Danya Dayson to make “appropriate inquiries.”

Judge Dayson then spoke privately with the defense. Afterward, she said she did not find McGough’s performance deficient, but said there were communication issues, though she did not find the breakdown between McGough and the defendant irretrievable. The judge told the defendant that switching counsel may cause a delay if she cannot find someone who is available next year. She said she may “revisit the issue” if she cannot find another lawyer for him.

The defendant is also charged with first-degree burglary, simple assault, kidnapping, assault with a dangerous weapon, assault with intent to commit armed robbery, threat to injure or kidnap a person, obstruction and assault with significant bodily injury in this case. He is currently serving more than two decades in prison after a jury convicted him of armed kidnapping, first-degree burglary while armed, third-degree sex abuse while armed, attempted armed robbery, assault with a dangerous weapon and assault with significant bodily injury while armed in 2015.

Judge Schedules Trial for Domestic Violence Defendant

On July 22, a DC Superior Court judge scheduled a domestic violence defendant to go before a jury in October.

The defendant is charged with assault with intent to kill while armed, assault with a dangerous weapon, assault with significant bodily injury, stalking, threat to injure or kidnap a person, possessing a firearm during a crime of violence, carrying a pistol without a license outside a home or business and unlawful possession of a firearm with a prior conviction.

Judge Danya Dayson scheduled jury selection for Oct. 20 and 21 and set aside Oct 25 through Nov. 1 for the trial.

The prosecution said they will need four to five days to present their case. They plan to call six to eight witnesses, one of whom will be an expert witness. The defense said they will need up to one day and plan to call three witnesses at most.

Judge Dayson also set Aug. 9 due dates for motions and expert reports, with responses due Aug. 24.

Parties are scheduled to reconvene for another trial readiness hearing on Sept. 17.

Parties in Murder Case Nearly Ready for Trial

Parties in the case of a 1998 homicide told a DC Superior Court judge they are nearly ready to go to trial.

Kenneth Bryant Jr. is charged with first-degree murder while armed in the shooting of 35-year-old James Lane on Aug. 10, 1998, on the 200 block of S Street, NE.

Bryant picked up the charge in 2019. He is currently being held at FCI Bennettsville, a federal prison in South Carolina, on other charges. D.C. Witness could not confirm what those charges are.

According to the Bureau of Prisons (BOP), he has a release date in April 2025. But during the July 21 hearing, defense attorney Ronald Resetartis said his client is set to be released within the next three years.

Parties said scheduling conflicts prevent them from going to trial in January 2023, so Judge Milton Lee scheduled a status hearing for Oct. 22 to discuss the issue.

According to court documents, Bryant was charged with murder in 1989 and then again in 1990, D.C. Witness previously reported. Both cases were dismissed by grand juries. A 1990 case, in which he was charged with assault with intent to kill, met the same fate. He was also charged with armed burglary in 1992, but a jury acquitted him.

Domestic Violence Defendant Ready to Take Plea Deal, Attorney Says

A defense attorney in a domestic violence case said her client is ready to take the prosecution’s plea deal.

The defendant is charged with assault with a dangerous weapon.

During the July 21 hearing, defense attorney Cheline Shroeder said she has to assign her client a new attorney because she will be unavailable for some time. Defense attorney John Crowler will be representing the defendant going forward.

Judge John Campbell scheduled another hearing for Aug. 27.

Document: Arrest Made in Homicide Case

Metropolitan Police Department (MPD) detectives have made an arrest in relation to a July 21 homicide.

At approximately 12:16 a.m. on July 21 police responded to the 2200 block of Martin Luther King, Jr. Avenue, SE, due to a report of a shooting. Upon arrival police located 27-year-old Malcolm Johnson inside a nearby vehicle on the 2400 block of Martin Luther King, Jr. Avenue, SE, and pronounced him dead on scene. A second victim was also located and taken to a hospital in critical condition.

Rondez Tibbs, 26, has since been arrested and charged with felony murder.

Document: Arrest Made in Homicide Investigation

Metropolitan Police Department (MPD) detectives have made an arrest in relation to a July 10 homicide.

At approximately 9:42 p.m. officers responded to the 5100 block of Fitch Street, SE, due to a report of a shooting. Upon arrival, detectives found 34-year-old Vanessa Brooks-Williams with gunshot wounds and pronounced her dead on scene, according to the press release.

On July 21, officers arrested 37-year-old Klein Lawrence and charged him with first-degree murder. According to the press release, he was also charged with assault with a dangerous weapon, assault on a police officer and carrying a pistol without a license.

Crime Alerts: July 21-22

The Metropolitan Police Department (MPD) sent out three crime alerts between 9:00 p.m. on July 21 and 9:00 a.m. on July 22.

A crime alert was sent out at 10:18 p.m. due to a shooting at the 2500 block of Elvans Road, SE. Police do not have information on the suspect(s).

A second crime alert was sent out at 11:13 p.m. due to a shooting at the 2600 block of Bowen Road, SE. Police do not have information on the suspect(s).

A third crime alert was sent out at 8:03 a.m. due to a shooting at the corner of 17th and Gales Street, NE. Police identified the suspect as a Black male with short hair and a dark complexion wearing a black shirt, jeans, and armed with a handgun.

Judge Denies Release Request from Murder Defendant Awaiting Preliminary Hearing

A DC Superior Court judge ruled that a homicide defendant should remain held at DC Jail as he awaits his preliminary hearing, which will determine if his case has enough evidence to go to trial.

Aaron Kenon is charged with second-degree murder while armed for allegedly stabbing 29-year-old Keith Frye on May 8 on the 400 block of 8th Street, SE. The preliminary hearing is set to take place in less than a week.

During the July 21 hearing, defense attorney David Akulian argued that his 43-year-old client should be released due to the limited evidence against him.

Akulian listed four witnesses and said that none of them claim to have seen the stabbing firsthand. Akulian also said the prosecution “would not be able to disprove” that Kenon acted in self-defense.

The prosecution, however, opposed the request to release Kenon. She argued that Kenon still presents a danger, citing security footage in which she says Kenon can be seen following Frye around a corner after their alleged initial scuffle.

The prosecution also said that Kenon admitted to carrying a large knife with him for self-defense purposes following the attack on the United States Capitol on Jan. 6.

Toward the beginning of the hearing, Judge Milton Lee commented, “this might be a pretty good self-defense case.” However, he said he was “not so sure” that Kenon’s alleged use of force was reasonable, telling parties this issue is probably going to be relevant in Kenon’s upcoming preliminary hearing on July 27.

Judge Lee ultimately decided to continue holding Kenon. He cited Kenon’s lengthy criminal record that spans multiple years, his multiple unsuccessful probations and the potential danger someone who regularly carries a large knife may pose.

Teenage Defendant to Serve 8.5 Years for Voluntary Manslaughter

A defendant will serve eight-and-a-half years for a homicide he committed at 16-years-old.

Titus Iracks is convicted of voluntary manslaughter and carrying a pistol without a license outside a home or business in the shooting of 43-year-old Larry Harrell on June 13, 2018, on the 1200 block of Mount Olivet Road, NE.

Iracks, 19, was sentenced to eight-and-a half-years for the voluntary manslaughter charge and nine months for the carrying a pistol without a license charge. The sentences will run concurrently, and he will receive credit for time served.

The defendant pleaded guilty back in 2019, but the judge stayed the execution of the sentencing. He was allowed to stay in the custody of the Department of Youth Rehabilitation Services (DYRS) to continue his education. He was able to take college classes while held at the Youth Services Center, a facility run by the DYRS, D.C. Witness previously reported. Iracks has since been transferred to the custody of the Department of Corrections, according to court documents.

In light of Iracks’ academic progress while held, defense attorney Ronald Resetarits asked Judge Danya Dayson to recommend that Iracks be placed somewhere he can take college courses during the July 21 hearing. He also asked her to recommend a facility that close enough to DC for him to have regular visits with his family.

Judge Dayson told Iracks that she hopes his time in prison will help him find something else to focus on and called his progress “quite remarkable.”

Harrell was shot while being robbed by Iracks and his 24-year-old co-defendant, Dearren Dawkins. Dawkins was sentenced to 9.5 years for his role in the homicide.

The two were initially charged with first-degree murder while armed in August 2018. They both agreed to plead down to voluntary manslaughter. Dawkins also pleaded guilty to unlawful possession of a firearm with a prior conviction while armed.

Iracks’ additional charges of conspiracy while armed, attempt to commit robbery while armed, possession of a firearm during a crime of violence, robbery while armed and felony murder while armed were also dismissed as part of the plea deal.

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