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

By Lizzie Brennan [former] - July 12, 2021
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

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.