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Witness Alleged by Defense to be Unreliable Takes Stand in Murder Trial

A witness in a murder trial, whose reliability has been questioned by the defense, took the stand on July 9.  

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

During opening arguments on July 6, Everett’s attorney, Michael Madden, said that on the day of the homicide, Heard was high on PCP and attempting to rob the witness who testified on July 9 of $15. Madden said the witness had initially supported this narrative when talking with police, but changed her story after a detective suggested she was potentially liable.

“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,” said Hewitt’s attorney, Nikki Lotze, during her opening arguments.

The witness testified that she was with the two defendants before, during and after Heard’s death. She said that she and Everett picked up Hewitt on the afternoon of April 26. She said Everett told her and Hewitt that he needed money, and Hewitt said Heard supposedly had a lot of money from selling PCP. 

She went on to testify that Everett instructed her to drive them to a convenience store in Southeast, DC, and buy him a ski mask. Afterward, Everett dialed Heard’s number on his cell phone and gave the phone to her, she said. The witness said the defendants told her to ask Heard if he had PCP, explaining that, since she is a woman, his guard wouldn’t be as high when selling drugs to her. 

The witness said the defendants had her call Heard several times throughout the night. Eventually, Heard told the witness to come to a housing complex on the 2300 block of Ainger Place, SE, where Heard was staying, to purchase “sticks” (PCP-laced cigarettes), she said. 

The prosecution played surveillance footage of a black car arriving at the housing complex at around 3:50 a.m. on April 27. A man and a woman are seen getting out of the car, which the witness said was a BMW. The witness identified herself as the woman and Everett as the man.

The surveillance footage shows the woman approaching Heard between two SUVs to buy the PCP. While they were between the two SUVs, the man alleged to be Everett approached the two of them with a gun in his hand. The footage shows him pointing the gun towards Heard. According to the witness, Heard lunged at Everett while the gun was pointed at him.

The witness said a brief altercation occurred between the two men before one shot went off, followed by two more about 45 seconds later.

The footage then shows the BMW pulling up. The two get into the car and drive away. The witness identified Hewitt as the driver. 

During cross-examination, the witness confirmed that she was offered a plea deal for her testimony. She also confirmed that she could have been charged with felony murder, but took a plea deal that capped her potential sentence at 15 years for robbery conspiracy. However, she said she is hoping to receive a probation-only sentence for her testimony.

Lotze played 2017 footage of police questioning the witness following her initial arrest. There, the witness is seen giving a different story, telling the police she wanted to try PCP, which is why they called Heard. She told the officers that the incident was not supposed to be a robbery. The witness said she initially told this lie to protect herself and Everett. She also said she was worried about what Everett would do to her family if he found out she told the truth to the cops. 

The defense is scheduled to finish their cross-examination on July 12. 

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. Hewitt is also charged with possession of a firearm during an act of violence, felony murder while armed and conspiracy in this case.

Judge Holds Two Domestic Violence Defendants During Presentments

On July 10, 31 defendants were brought before DC Superior Court Judge Craig Iscoe for presentments. Two domestic violence defendants were held while four were released. 

One domestic violence defendant is charged with simple assault. Judge Iscoe learned that he also has a felony case currently pending indictment and decided to hold him.

Another domestic violence defendant is charged with threats to do bodily harm and contempt for allegedly violating release orders in another domestic violence case. This alleged violation prompted Judge Iscoe to hold him.

The four released domestic violence defendants picked up charges including simple assault and contempt. All of them were given stay away orders.

The held defendants are scheduled to return to court on July 27. The released defendants are scheduled to return to court on Oct. 29. 

Document: Suspect Sought in Burglary and Sex Abuse Offenses

Metropolitan Police Department (MPD) detectives are investigating a burglary one and fourth-degree sexual
abuse offense that occurred on July 9.

At about 10:15 a.m. the victim woke up to find the suspect in her home. The suspect “engaged in unwanted sexual contact with the victim, took personal property belonging to the victim and fled the scene,” according to the press release.

The suspect is described as a Black male who is about 5 feet 9 inches tall, 20 to 26-years-old with wavy hair and wearing a brown short sleeve shirt with dark pants, according to the press release.

Document: Homicide Investigation

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on July 9.

At about 10:59 p.m. officers responded to the 1400 block of 41st Street, SE, due to reports of gunshots. Officers found three victims suffering from gunshot wounds, two of which were treated for non-life threatening injuries. One victim, 45-year-old Willie Parker, was pronounced dead on scene from gunshot wounds, according to the press release.

Document: Homicide Investigation

Metropolitan Police Department (MPD) detectives are investigating a homicide that occurred on July 9.

At about 9:04 p.m. Prince George’s County Fire and EMS personnel responded to the 3300 block of Southern Avenue, SE, due to a report of an overturned vehicle, according to the press release.

Muntsier Sharfi, 24, was pronounced dead on scene from gunshot wounds. After an investigation, detectives concluded that the homicide occurred on the 3300 block of Erie Street, SE.

Judge Releases One Domestic Violence Defendant, Holds Another During Presentments

A DC Superior Court judge released one domestic violence defendant and held another during presentments on July 9.

A total of 29 defendants were presented before the court. 

The held domestic violence defendant is charged with second-degree theft and violating a Civil Protection Order (CPO). Because the defendant allegedly did not comply with a stay away order he received in a previous case, Judge Renee Raymond decided to hold him. He is scheduled to return to court on July 16. 

The other domestic violence defendant is also charged with violating a CPO. Judge Raymond decided to release him with GPS monitoring. He also put another CPO in place.

The defendant will return to court on Oct. 29.

Crime Alerts: July 11-12

The Metropolitan Police Department (MPD) sent out one crime alert between 9:00 p.m. on July 11 and 9:00 a.m. on July 12.

A crime alert was sent out at 9:00 p.m. on July 11 due to a robbery investigation at the 2000 block of West Virginia Avenue, NE. Police identified the suspect as a Black middle-aged male who is short in height and has a slim build.

Infographic: A Closer Look at DC Homicides and Violence Interruption Programs

The infographic shows homicides in DC over a two-year span beginning from June 11, 2019-June 11, 2021. There was about a 16% increase in homicides during that period.

The first graphic includes homicides by DC neighborhood, and how those homicides compare to violence interrupter locations.

The second graphic also indicates the sites of the violence interrupter programs that are run out of the Office of Neighborhood Safety and Engagement (ONSE) and the Office of the Attorney General (OAG), noting homicides in the city by year.

Data on Crime Reduction Programs Shows Disbursement more than Reduction

From June 11 of 2019 to June 11 of 2021, D.C. Witness tracked homicides in DC neighborhoods with and without violence interrupters’ programs. Data shows violence dispersing from designated program areas to other areas in DC. 

D.C. Witness received boundaries of the current violence interrupters programs from the DC City Council, and  used it to identify areas in the city where there are active violence interrupter sites.

The violence interrupter programs are run out of two government agencies, DC’s Office of the Attorney General and the Mayor’s Office of Neighborhood and Safety Engagement. The programs partner with local grassroots organizations such as the Alliance of Concerned Men, Father Factor, Inc. (Murder Free DC) and the National Association of Returning Citizens to interfere in disputes, the top motive for homicides in DC, in the programs’ respective localities.

D.C. Witness recorded 181 homicides between June 11, 2019 and June 11, 2020. Approximately 36 of the murders occurred in ONSE neighborhoods and approximately nine occurred in the Cure the Streets neighborhoods, a violence interrupter program that is funded by the OAG. These homicides were approximately 20 percent  of 2019-2020 violent crime murders in the city. 

Between June 12, 2020 and June 11, 2021, D.C. Witness recorded approximately 210 homicides, a 16 percent increase from the previous year. Approximately two-thirds of 2020-2021 murders transpired in areas without violence interrupters, Approximately 34 occurred in OAG neighborhoods and 12 in ONSE neighborhoods. 

In both periods, most homicides in OAG areas took place in Southeast, while most homicides in ONSE areas took place in Northeast DC. 

Cure the Streets reports indicate that OAG’s violence interrupters are concentrated largely in Wards 7 and 8, while data suggests ONSE sites are more present in northeast DC but have locations in SE as well. 

D.C. Witness reached out to ONSE and Cure the Streets (CTS) for information regarding violence interrupter data time frames. Neither program responded to D.C. Witness requests for information, but the OAG released an article with homicide and assault with dangerous weapons data on violence interrupter sites on Aug. 3.

According to DC Attorney General Karl A. Racine, a consistent proponent of violence interrupters, these two programs expected to see overlap in their operations early on.

Today, Cure the Streets employs 60 staff members across Wards 5, 7, and 8. According to the OAG website, violence interrupters are hired for their credibility, relationships, and influence in their neighborhoods, engaging the community to identify high-risk individuals, address petty conflict and mitigate retaliation. 

From January 2020 to August 2020, the OAG’s violence interrupter program initiated a total of 107 conflict mediations across the District according to OAG data. Forty-four were carried out by the 12 active violence interrupters at the Trinidad-Arboretum site in Ward 5 alone, engaging 788 total residents. The OAG data listed a response to one violent incident during that time period. 

According to the OAG, violence interrupters at the Washington Highlands/Congress Heights site in Ward 8 engaged 34 meditations as of June 2021 with 19 participants and eight responses to shootings. 

The site at Marshall Heights/Benning Heights employs only six active violence interrupters, and is the smallest staff of all the OAG sites, according to the office’s data. As of June 2021. Marshall Heights/Benning Heights violence interrupters carried out 11 conflict mediations and responded to five total violent incidents. The site has 25 program participants. 

*Editor’s note: The story was updated to reflect information from the OAG’s office.

Judge Finds Probable Cause in First-Degree Murder Case

A DC Superior Court judge ruled that there is enough evidence against a homicide defendant to bring his case to trial.

Marwin Thomas, 27, is charged with first-degree murder while armed for allegedly shooting 33-year-old John Pollard on Sept. 30, 2020, on the 3200 block of Hiatt Place, NW.

“The video of the actual shooting is quite compelling,” Judge Marisa Demeo said during the July 8 hearing.

The prosecution showed surveillance footage from about 1:14 a.m. on the day of the homicide. 

The video shows two men exiting a black BMW, approaching the victim and patting him down before the man who exited the car’s passenger side shoots him.

The prosecution alleges Thomas to be the shooter. They cited a navy blue polo shirt the shooter is seen wearing in the footage, which appears consistent with the shirt Thomas is seen wearing in surveillance footage from the stairwell of an apartment building near the crime scene about an hour before the shooting. 

In the stairwell footage, Thomas is seen wearing a Hugo Boss satchel that looks the same as the one Metropolitan Police Department (MPD) officers found at the crime scene. But during defense attorney Russell Hairston‘s cross-examination, the detective said there were no identifying characteristics linking that specific satchel to the one Thomas is seen wearing. Rather, they simply appear to be the same product.

The car driver seen in the footage of the shooting is alleged to be Thomas’ 29-year-old co-defendant, Randle Price. Price is also charged with first-degree murder while armed in connection with Pollard’s death. He had his preliminary hearing back in January.

An MPD detective on the case testified that a witness heard nine gunshots and saw a car consistent with the one seen leaving the crime scene. The detective said seven nine-millimeter shell casings were found on the scene.

Judge Demeo decided to hold Thomas, citing the strength of the evidence and Thomas’ arrest history.

Both Thomas and Price are scheduled to return to court on Sept. 1.

FBI Agent, Forensic Crime Scene Specialist Among Prosecution’s Witnesses in Murder Trial

The prosecution called four witnesses to testify at a murder trial on July 8.

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 April 27, 2017, on the 2300 block of Ainger Place, SE. 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.

Among the prosecution’s witnesses was a forensic crime scene specialist with the Department of Forensic Services (DFS). But before she took the stand, Judge Neal Kravitz informed the jury that the Office of the Inspector General has an ongoing criminal investigation into the DFS. Judge Kravitz said the competency of the DFS firearms examination unit is being questioned after ballistic evidence in a different murder case was mishandled. The DFS lost its accreditation in April and remains unaccredited today.

The prosecution showed surveillance footage of two men, who they believe to be the defendants, driving a black BMW after the shooting. The prosecution went on to show photos taken by the DFS witness, including one that showed a firearm inside the car’s glove compartment.

An FBI agent who specializes in cell phone technology testified that both defendants’ phones utilized cell towers near a 7-Eleven convenience store on the 3900 block of Martin Luther King Avenue, SW, at around 5:30 a.m., less than two hours after gunfire detection technology alerted police of shots fired, according to court documents. 

The prosecution presented surveillance footage of a 7-Eleven parking lot, which shows two men believed to be the defendants pulling up in a black car at that time. A witness who works as a regional assistant supervisor for 7-Eleven stores in the DMV area confirmed that this was the same 7-Eleven. 

The FBI witness also testified that both defendants’ cell phones utilized cell towers close to the crime scene around the time of the shooting.

The jury trial is set to resume on July 9. 

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 Holds Two Domestic Violence Defendants, One Sex Abuse Defendant During Presentments

A DC Superior Court judge held two domestic violence defendants and one sexual abuse defendant during presentments on July 8. 

A total of 27 defendants were presented.

One defendant is charged with simple assault in a domestic violence case. Citing his four other pending cases, some of which involve the same victim, Judge Renee Raymond found that it would not be safe to release him.

The other domestic violence defendant is charged with threats to do bodily harm, attempted second-degree theft and simple assault. Judge Raymond decided to hold the defendant due to his lack of compliance in his other pending cases. He was also ordered to stay away from the victim.

Both domestic violence defendants are scheduled to return to court on July 27. 

Another defendant was charged with first-degree child sex abuse. According to the judge, a witness in the case said she saw a video of the defendant sexually abusing the victim. Judge Raymond decided to hold him and order him to stay away from two witnesses. His next hearing is scheduled for July 28.

Crime Alerts: July 8-9

The Metropolitan Police Department (MPD) sent out seven crime alerts between 9:00 p.m. on July 8 and 9:00 a.m. on July 9.

A crime alert was sent out at 9:24 p.m. due to a shooting investigation at the 1200 block of 13th Street, NW. Two suspects were stopped.

A crime alert was sent out at 9:40 p.m. due to a shooting investigation at the 100 block of 49th Street, NE. Police do not have information on the suspect(s).

A third crime alert was sent out at 11:35 p.m. due to a robbery investigation at the 4240 block of South Capitol Street, SE. Police identified the suspects as two Black males in a small silver sedan.

A fourth crime alert was sent out at 11:36 p.m. due to a shooting investigation at the 600 block of Mellon Street, SE. Police do not have information on the suspect(s).

A fifth crime alert was sent out at 12:45 a.m. due to a shooting investigation at the 2200 block of Town Center Drive. Police do not have information on the suspect(s).

A crime alert was sent out at 3:07 a.m. due to a shooting at the 5600 block of Georgia Avenue, NW. Police do not have information on the suspect(s).

A final crime alert was sent out at 3:17 a.m. due to a shooting at the 3400 block of Southern Avenue, SE. Police do not have information on the suspect(s).

Document: Suspect Arrested in Homicide

The Metropolitan Police Department (MPD) has arrested a suspect in connection with a May 10 homicide.

At about 2:08 p.m. police responded to the 2600 block of Martin Luther King Jr. Avenue, SE, due to reports of an unconscious person. The victim, 46-year-old Georgette Banks, was pronounced dead on scene from stab wounds.

On July 8, police arrested 53-year-old David Maurice Rhodes and charged him with first-degree murder.