SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CRIMINAL DIVISION
UNITED STATES
VS
EVERETT, NYEKEMIA
CCN 17069098
Arrest Number: 091717891

The event occurred on 04/27/2017 at approximately 03:57 at 2307 AINGER PLACE SE, WASHINGTON, DC 20020

 

On Thursday, April 27, 2017 at about 0350 hours, members of the Seventh District were noti?ed by the Of?ce of
United Communications (OUC) of a ShotSpotter alert for the sounds of gunshots in the 2700 Elk Bruce Place SE.
OUC also received a 911 call about a shooting in that area. Members responded to the scene and located the decedent,
Christopher HEARD, in the rear of 2307 Ainger Place SE, Washington DC suffering from an apparent gunshot
wound to the chest. DCFD EMS responded to the scene, and, upon ?nding no signs consistent with life, left the
decedent on the scene.

The decedent was transported to the DC Of?ce of the Chief Medical Examiner?s Office (OCME) pending an autopsy.
1. INITIAL INVESTIGATION

Detectives with the Homicide Branch and members with DFS responded to the scene to initiate an investigation. Your
af?ant learned that members located three witnesses in the parking lot of the 2700 Elk Bruce Place SE, which is two
courtyard areas away from where the decedent was found. These witneses consented to providing a statement and
were transported to the Homicide Of?ce. According to these witnesses, they heard gunshots, but they did not observe
where the shots came from or who was injured. One of the three witnesses reported that IT thought the gunshots
came from the courtyard closer to Ainger and Bruce Place SE.

Detectives were able to locate the 911 caller, hereinafter referred to as W1. W1 reported that the decedent, whom W1
knew as ?Fat Daddy,? was recently released from DC Jail and had been staying with IT for the past few days. W1
reported that another family member told IT (W1) that IT heard two (2) pops, looked out the window and saw the
decedent laying in the parking lot. W1 went outside and observed the decedent and then went back inside ITs
residence to call 911. W1 was also able to provide Detectives with the decedent?s cellphone number

Crime scene technicians from the Department of Forensic Sciences also responded to the scene, and
recovered several items of evidence from the scene and the adjacent courtyards to assist with the investigation,
including 3 cellphones, 2 scales, and latent ?ngerprints from parked vehicles in the area. The decedent was found in
possession of a vial of amber liquid (suspected PCP) and U.S. Currency. A cellphone was also recovered next to the
decedent?s body. The telephone number for the phone recovered next to the decedent?s body matched the one
provided by W1.

Dr. Karistinza Giese of the DC OCME performed the autopsy examination on the decedent to determine the cause
and manner of death. The decedent was found to have suffered one gunshot wound to the center of the chest. The
projectile entered the chest through a downward trajectory and struck the heart, left diaphragm and spleen. The
projectile was recovered from the right of the back. The decedent also suffered a second gunshot wound to the right
buttock; the projectile travelled in a downward trajectory and exited the right upper thigh. The projectile was
recovered from the decedent?s right pant leg. Separately, Dr. Giese determined that the decedent had an existing
projectile that was lodged in his left femur bone from a previous shooting. Dr. Giese ruled the CAUSE of death as a
gunshot wound to the chest and the MANNER of death a HOMICIDE.

During the course of the investigation, your af?ant was able to obtain the decedent?s call detail records from the
cellphone recovered on the scene. At 0344 hours, the decedent received a call from (520) 999-6337, the call lasted for 3
minutes and 28 seconds. The decedent had also received three (3) additional calls from that same number at 0329
hours, 0331 hours, and 0338 hours. Your af?ant was able to obtain the call detail records for the phone number (520)
999-6337 and found there were a total of twelve (12) calls from the (520) 999-6337 number to the decedent?s cellphone
on April 27, 2017, including the four calls timestamped at 0329, 0331, 0338 and 0344 hours.

Through their investigation, MPD Detectives learned that the number (520) 999-6337 is registered to ?Text Me,? a
cross-platform messaging application that allows the user to send text messages and make calls in the US, Canada,

 

 

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Mexico and 100 other countries for free. The user provides an email address, age and sex and is issued a phone
number through the app. The user can also choose the area code provided or enter a desired area code of ITS own
choice. After an initial usage period, the user is asked to verify the provided email address.

Your affiant reports the phone number (520) 999-6337 was obtained on or about Saturday, April 15, 2017 by a
subject utilizing the email address neverett28@gmail,com. The username is ?neverett288308? and, as of this writing,
the last time the account was used was on Thursday, April 27, 2017 at about 0744 hours.

Detectives also interviewed a witness, hereinafter referred to as W2, who reported that IT got home at about 0300
hours on April 27, 2017. W2 stated thatas IT was lying in bed, IT heard males voices and a female voice arguing. W2
thought the males and female were in the courtyard facing Bruce Place SE. W2 also recalled hearing (2) gunshots and
then later IT heard what sounded like two cars speeding away. W2 also advised Detectives that the decedent used and
sold PCP. According to W2, the decedent?s death was likely drug related.

1. SURVEILANCE VIDEO

Detectives were able to obtain video footage from the Woodland Terrace Community located at 2311 Ainger Place SE
. Several cameras were located in the complex, including one camera on the front of 2331 Ainger Place SE. This
camera faces the parking lot where the decedent was found. After obtaining the footage, your af?ant was advised the
DVR time stamp was approximately twenty-eight (28) minutes faster than actual time. The following is an account of
the incident, as captured on the surveillance video:

03:50:16 (03:22 real time): A black 4 door vehicle enters the rear parking lot of the 2300 Ainger Place SE.
The driver, hereinafter referred to the defendant, turns into the west parking lot and then travels to the east
parking lot and backs into the parking space.

03:52:43 (03:24): A marked scour car travels westbound in the 2300 Ainger Place SE

03:56:15 (03:28): A marked scout car travels eastbound in the 2300 Ainger Place SE

04:12:05 (03:44): The defendant, seen wearing what appears to be a black ski mask or hood, a silver jacket,
dark jeans and tennis shoes, exits the vehicle from the driver?s side. A female, wearing a red and blue baseball
cap, blue jacket and jeans, a red shirt and a black purse, later referred to as W5, exits from the passenger side
of the vehicle and walks around the back of the car. An third subject then closes the driver?s side door from
inside the vehicle. The defendant walks towards the 2300 Ainger Place SE as the female lags behind. The
female can be seen smoking a cigarette and looking back towards the townhouses. The defendant and the
female meet on Ainger Place SE and the defendant walks out of camera range. The female remains at the end
of the driveway.

04:14:20 (03:46): The female walks back towards the parking lot area and now appears to be using a cellphone
. The defendant has walked back into camera range and walks back towards the parked vehicle. The female
has stopped near two (2) parked SUVs in the west parking lot.

04:15:09 (03:47): The defendant stops abruptly and walks across the parking lot and meets up with the female
between the parked SUVs.

04:16:00 (03:48): The defendant walks back towards the parked vehicle. The rear and brake lights activate on
the vehicle. The defendant walks around the back of the vehicle and opens one of the passenger doors,
entering the vehicle. The female continues to stand near the parked SUVs.

04:16:56 (03:48) :The decedent enters the camera range and walks towards the female. The decedent appears
to be on a cellphone.

04:17:13 (03:49):The defendant walks towards the female and the decedent. As the defendant passes a
dumpster, he can be seen removing something from his waistband area with his right hand. The item in the
defendant?s right hand appears to be consistent with a ?rearm. The vehicle begins to move from the parking
space with the head and rear lights off.

04:17:30 (03:49): The defendant approaches the decedent and the female with his right arm outstretched. The
vehicle is now moving from the parking space and stops alongside the curb where the decedent, the defendant
and the female are standing.

04:17:39 (03:49): The vehicle stops and waits. The view of the decedent, the defendant and the female are
obstructed by the parked vehicles.

04:17.45 (03:49): A ?ash of light and what appears to be smoke emit from the area where the defendant, the
decedent and the female were standing.

04:17:53 (03:49): The defendant and the female run back to the waiting vehicle. The rear lights are activated.

04:17:57 (03:49): The defendant and the female get into the waiting vehicle. The decedent staggers and falls to
the ground near the parked SUVs.

04:18:03 (03:50): The defendant and the female are in the vehicle. The rear lights activate and deactivate
several times.

04:18:13 (03:50): The vehicle is driven out of the driveway and onto Ainger Place SE. The decedent falls to the
ground near the parked SUVs.

04:19:00 (03:51) Police response begins.

 

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04:23:45 (03:55) An unknown male exits a residence and walks along the sidewalk near the decedent. W1
walks towards the decedent and walks back out of camera range.

04:31:12 (04:03) Members arrive on scene, locate the decedent and begin to render ?rst aid.

04:34:56 (04:06) DCFD arrives on scene

Further review the video from Woodland Terrace, revealed that the car used by the defendant, W5, and the third
subject appears to be a dark colored 4door BMW vehicle with a ?donut? on the right front tire. There appears to be a
yellow colored front tag and a possible MD temporary tag on the rear. Based on the Detectives personal experience,
some Maryland temporary tags usually begin with a letter and are followed by a serious of numbers. After reviewing
the video several times at various speeds and freezing the video to zoom in and out Detectives were able to identify the
characters 

After a rewview of the video, A BOLO was created and disseminated to MPD and surrounding jurisdictions to assist
with locating the vehicle and the subjects

1. FURTHER INVESTIGATIVE LEADS

On Sunday, April 30, 2017, your af?ant received information that was reported to Tip Line. The caller stated
IT had seen video of the homicide that occurred in the 2700 block of Bruce Place SE. The caller stated that IT
recognized an individual in the video that goes by the name ?Frankie,? who witnessed the homicide. The caller stated
IT believes the homicide occurred as a result of a robbery/drug deal gone bad. Finally, the caller stated that the
person driving a BMW (that is shown in the video) committed the homicide and may have used ?Frankie? to solicit a
drug sale so that the driver could rob the victim. The caller provided ITs name and contact number.

Your affiant contacted the caller (hereinafter referred to as W3). W3 stated IT was a close friend of the decedent and
wanted to help provide information. W3 stated that IT watched surveilance video that had been uploaded by MPD to
the Persons of Interest YouTube page and thought that one of the subjects in the video resembled an old
acquaintance of the decedent that was known as ?Frankie?. W3 stated that IT had been drinking while watching the
video, but now that IT was sober, IT realizes IT made a mistake. Your af?ant asked W3 if the decedent actually knew
someone known as ?Frankie? and IT stated ?yes.? The subject explained that the person IT knew as ?Frankie? used
to buy PCP from the decedent. According to W3, ?Frankie? would call the decedent to buy drugs, but ?Frankie? but
would not always show up for the sale. Your af?ant asked W3 if IT knew ?Frankie?s? real name and IT stated that IT
did not.

Your affiant asked W3 why IT believed the vehicle in the video was a BMW. W3 reported IT was familiar with
vehicles and had once owned a BMW and was familiar with the body style of a BMW vehicle. W3 believed it to be a
2011 model year or older.

W3 further reported IT had started drinking more since the decedent died because IT had just spoken with the
decedent on the prior Monday. W3 apologized for calling with information IT wasn?t sure about but stated IT would
call back if IT heard anything about the shooting.

Your affiant located a subject identi?ed as ?Frankie? (hereinafter referred to as W4) in the decedent?s cellphone and
call records. On Tuesday, May 2, 2017, W4 consented to responding the Homicide Branch for an interview. W4 was
placed in an interview room where the statements were recorded in its entirety. W4 reported IT has known the
decedent for several years and used to buy PCP from him. W4 stated IT had been in the Woodland Community
earlier in the evening before the decedent was shot but left before the night time hours. W4 reported IT was with a
friend for the rest of the night in various parts of the city. W4 was told the decedent was shot and killed after 0400.
W4 did come back to the neighborhood around 0500 but was not allowed to come near the crime scene.

Your affiant asked W4 if IT had seen the video that was uploaded to the MPD Youtube page and IT stated that IT
had. Your af?ant advised W4 that information had been received that IT was the female in the video. W4 denied
being in the community at the time the decedent was shot or being involved in the homicide. W4 consented to
allowing Detectives to view ITs call and text history on ITs cellular phone and provided the name and phone number
of the friend IT spent the remainder of the night with for veri?cation.

1. IDENTIFYING THE SUSPECT VEHICLE
On Thursday, May 4, 2017, Detectives queried the License Plate Reader (LPR) system and found an image of a black
4 door BMW bearing Maryland temporary tag of travelling in the 2800 Benning Road NE on April 29,
2017.

A WALES check showed that the BMW vehicle is registered to an address in Prince George?s County, Maryland.
Detectives canvassed the area to attempt to locate the vehicle with negative results. A second BOLO of the BMW

 

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vehicle with the Maryland temporary tag was disseminated to MPD and the surrounding jurisdictions to
attempt to locate the vehicle.

Through their investigation, detectives learned that the suspect vehicle bore a Decade Auto (5046 Annapolis Road,
Bladensburg, MD) license plate holder on the rear of the vehicle. Detectives responded to Decade Auto and obtained a
copy of the purchase package for the 2008 BMW 528i, the Maryland temporary tag and video from the
security cameras at Decade Auto of the registered owner and a family relative (hereinafter referred to as W5)
completing the paperwork for the purchase of the BMW 528i.

Detectives also obtained video from Decade Auto on the day the BMW vehicle was sold to W5 and the family member
. W5 can be seen wearing a red and blue National?s baseball cap, a red shirt, a blue denim jacket, blue jeans, a black
purse and sandals. W5 is identically dressed as the female in the video from the Woodland Community on April 27,
2017.

Additional queries with the Maryland License Plate Reader system revealed images of the BMW 528i vehicle bearing
Maryland temporary tag was captured in Prince George?s County on April 26th and 27th, 2017 and May
1st, May 3rd, and May 4, 2017.

1. IDENTIFYING W5 AND THE DEFENDANT

On Saturday, May 6, 2017, members with the Prince George?s County Police Department located and stopped the
BMW 528i vehicle bearing Maryland temporary tag in the 7000 Sheriff Road in Hyattsville, MD. The
vehicle was being operated by W5. Detectives with the Homicide Branch responded to the scene and spoke with W5.
W5 consented to responding back to Washington, DC to speak with Detectives about the investigation.

Members with DFS responded to the scene to secure the vehicle for processing of additional evidence. The vehicle was
then towed from the scene to the DFS lab at 401 Street SW, Washington, DC.

While riding back to the Homicide Branch, W5 told your af?ant that we ?should check the glove box, his stuff is in
there?. Your affiant asked W5 what ?his stuff? meant and IT stated in there, just check the glove box?. Your
af?ant then advised members with DFS that there may be a weapon in the vehicle.

Upon arriving at the Homicide Branch, W5 entered an interview room, where W5 was advised that IT was not under
arrest and free to go at any time. W5 stated IT understood and agreed to talk with Detectives.

W5 asked if IT was really going home and was told ?yes?. W5 told the Detectives that IT told the Prince George?s
County of?cers where the ?stuff? was at and that IT felt like ?he set IT up, IT was caught with everything and he?s
nowhere to be found.?

In its interview with detectives, W5 initially attempted to downplay ITS role in the events that transpired during the
early morning hours of April 27, 2017. In W5?s ?rst version of events, IT told Detectives that a subject IT knew as 
Nye? (hereinafter referred to as the defendant) asked IT if IT wanted to try PCP. W5 told Detectives that on the
afternoon of April 27, 2017 (hours before the shooting), the defendant, W5 and a third subject (hereafter 81) were
together in the 2008 BMW. According to W5, each of the three was drinking and using various narcotics, including
marijuana and molly.

While this group was in the BMW in the area of Martin Luther King Jr. Ave. SE, 81 observed the decedent, whom 81
called ?Fat Daddy.? According to W5, IT did not know the decedent personally, but learned of his identity that day
from S1. After seeing the decedent, Sl explained that the decedent sells PCP and suggested that the group follow the
decedent. According to W5, the decedent got into the passenger seat of a black car. The defendant, S-1 and then
followed the decedent to Woodland Terrace. After they got to Woodland Terrace, the defendant told W5 to call the
decedent to buy PCP. W5 did so (either from the defendant or Sl?s iPhone, and W5 then engaged in a telephone
conversation with the decedent, about buying PCP. The decedent told W5 that it would be 20-30 minutes before he
would be available to sell PCP to W5. After this call, the defendant, W5, and SI left the area without meeting with
decedent.

Several hours later, the defendant gave W5 a cellphone and told IT to talk to ?Fat Daddy? to get the PCP. During a
call with the decedent, he told W5 to come to Woodland Terrace. The defendant, S1, and W5 then drove in the BMW
to Woodland Terrace.

When they got to Woodland, W5 and the defendant got out of the car and walked around the area, while W5 then
went to the area where the decedent told IT to wait. While W5 was waiting, the defendant walked back toward the
BMW. The decedent then came outside, met with W5, and W5 gave him $15. According to W5, IT was nervous
because the decedent looked like IT was high.

 

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In W5?s initial version of the events, the defendant walked over to IT and the decedent and they had a verbal
altercation, which turned physical after the decedent charged at the defendant. W5 indicated in this version of the
events that the defendant and the decedent appeared to be ?ghting over a gun. According to W5, IT didn?t know who
pulled the gun, but that the defendant ultimately gained control of the gun and shot the decedent when the decedent
continued charging at the defendant. After the shooting, the defendant, W5, and Sl ?ed the scene. Later in the
interview, W5 explained that IT was not entirely forthcoming in ITs initial explanation of what happened on April 27,
2017. W5 explained that IT was trying to protect the defendant and that IT was scared, but that IT wanted to be
truthful about what happened. W5 then explained that the group (the defendant, 81, and W5) set up the drug
transaction as part of failed robbery, which W5 described as a ?move.? W5 explained that the gun belonged to the
defendant and clari?ed that the decedent did not have a weapon. W5 further stated that the defendant was wearing a
mask when he approached the decedent and that the defendant pulled out the revolver, extended his hand, and told
the decedent to ?give all that shit up.? The decedent then lunged forward in an apparent effort to get the gun, and the
defendant opened ?re. W5 also explained that the defendant to W5 to buy the mask just hours prior to the shooting.

W5 explained that after ?eeing the scene, the defendant asked whether his gunshots hit the decedent. Later that day,
the defendant also asked W5 to look on the internet to see if there were there any reports of a shooting. W5 states IT
found media coverage of the shooting and that someone died. The defendant put his head down and questioned why
the whole thing happened. The defendant told W5 that IT couldn?t say anything because of his (the defendant) record
. The defendant told W5 that because of his record he would go away for forever.

At some point later, the defendant told W5 to keep ITs mouth closed.

According to W5, the defendant gave IT the revolver used in the shooting several days later. explained that the
defendant told IT to keep the gun for protection, in case any of the decedent?s associates learned about the shooting
and attempted to retaliate.

W5 explained thatIT now realizes IT was used and set up by the defendant and 81. W5 stated that the gun the
defendant used to kill the decedent is now in the glovebox of the BMW. W5 also stated that the ski mask used during
the shooting was in ITS bag, which W5 gave consent for detectives to search. According to W5, IT and the defendant
spoke daily before the shooting, but now IT rarely hears from or sees the defendant and the defendant left the gun
with IT.

During the interview, W5, told MPD detectives, that the defendant?s actual name is Nyekemia with a last name of
Everett or Allen. As referenced earlier, the phone number used to contact the decedent moments prior to his death
was associated with the following email address: ?neverettZE@gmail,cgm,? which is consistent with the defendant?s
?rst initial and last name.

Detectives queried MPD databases and located the arrest history of Nyekemia Everett, a black male, with a DOB 8/16
/1985. A single color photo of Nyekemia Everett was shown to W5. W5 viewed the image and identi?ed him as the
defendant, stating, ?that?s Nye?. When Detectives asked W5 what Nyekemia did, W5 stated ?he shot Fat Daddy?.

Following the interview, W5 and a close family member consented for Detectives and technicians from DFS to search
and recover clothing from their residence. Technicians recovered a red and blue National?s baseball cap, a pink
camisole, a blue denim jacket, blue jeans, sandals and a black purse. Technicians also recovered a silver and black
jacket. W5 reported it was the same jacket the defendant was wearing on April 27, 2017. The jacket was consistent
with the one observed by your af?ant on the surveillance video from Woodland Terrace that captured the events
leading to the decedent?s death.

During the interview, W5 consented to a search of two cellular telephones that W5 had in its possession. In this
subsequent search, detectives recovered photographs, videos and text messages corroborating W5?s relationship with
the defendant. The search also identi?ed text messages between W5 and the defendant and others describing possible
?moves? or robberies and depicting the defendant and W5 using narcotics.

Following the interview with W5, MPD obtained additional surveillance footage from Woodland Community from
April 26, 2017, the evening prior to the shooting. Consistent with W5?s account that the defendant S-1 and W5 visited
Woodland earlier in the day in efforts to meet with the decedent, the footage shows a dark=colored 4 door vehicle
with chrome trim and a black tire (no rim) travelling in the 2300 Ainger Place SE at 1644 and 1949 hours. This
vehicle appears to be consistent with the BMW that returned to Woodland Terrace during the morning hours of
April 27, 2017

On May 12, 2017, a DC Superior Court Search Warrant (2017CSW2386) was executed on the BMW vehicle at DFS.
Consistent with account, technicians recovered a blue steel, wooden pistol grip Ruger 6-shot revolver with a 3?

 

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barrel; model: Police Service-6, serial# 15120299 from the glovebox. Three (3) live .38 caliber rounds were observed
in the cylinder. The ?rearm appeared to be operable, and capable of expending a projectile(s) by action of an
explosive. The ?rearm can be ?red while holding with a single hand, and has a barrel length less than twelve inches.

Also on May 12, 2017, members of the Capital Area Regional Fugitive Task Force observed the decedent operating a
black Honda vehicle bearing Virginia tag VUE9075. When members attempted to stop him, the defendant ?ed and
had a one-vehicle collision near Howard Road SE. The defendant ?ed from the collision, but was stopped in a wooded
area after a brief foot chase.

The defendant was transported to the Homicide Branch and charged with Felony Degree Felony Murder and Armed
Robbery.

The defendant was advised of his Miranda Rights, waived at 3:35pm and provided a statement to the Detectives.
Detectives asked the defendant if he knew anyone by the name of ?Christopher? or ?Fat Daddy? and he said no. The
defendant also denied spending any time in the Woodland Community. The defendant stated that he goes to work
from 2:warehouse in Upper Marlboro, Maryland and then goes home. He spends his
weekends with his son. The defendant stated he has never ?red a ?rearm because he is a convicted felon and does not
want to go back to jail. Detectives asked the defendant if he remembered where he was during the week of April 25th
and he said he goes to work and goes home to his girlfriend. The defendant stated his family would vouch for him and
would tell Detectives that he is at home every night.

 

 

 

The event and acts described above occurred primarily in the District of Columbia and were committed as described by defendant(s) listed
in the case caption.

Subscribed and sworn before me this 05/13/2017

 

 

NASSAR, CHANEL 1665 3842 (05/ 13/2017) E-SIGNATURE SMITH, CLAYTON 6087 (05/ 13/2017) E-SIGNATURE
Police Of?cer/ Badge# Unit Witness Deputy Clerk

NASSAR, CHANEL 1665/ 3842 SMITH, CLAYTON 6087
Printed Name of Member Badge# Printed Name of Witness Deputy Clerk

The foregoing statement was made under penalty of criminal prosecution and punishment for false statements pursuant to D.C. Code 22-2405

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