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By
D.C. Witness Staff
- July 16, 2019
Court
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Daily Stories
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Homicides
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Juveniles
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During a murder trial on July 16, counsel expressed concern that questions from the prosecution could cause a witness to incriminate himself during his testimony.
Gary Proctor is charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of firearm during a crime of violence, carrying a pistol outside a home or business and unlawful possession of ammunition for allegedly shooting Jerome Diggs, 42. The crime occurred on the 1300 block of First Street, SW on July 27, 2015. Proctor, 41, is the victim’s cousin.
One of the defense’s witnesses has been charged with assault in Maryland.
The witness’s attorney was present in the courtroom and informed counsel that his client decided to waive his 5th Amendment right. The lawyer requested that questions avoid language that could force the witness to tell on himself.
Apparently, the defense’s witness was at a picnic where the defendant, the Diggs and his nephew had gotten into a physical altercation.
Diggs’ sister allegedly sent text messages to the witness accusing him and Proctor of numerous felonies, including molestation and murder.
Defense attorney Steven Kiersh said the nature of the case is an “on-going family dispute.”
Counsel agreed that while the witness is important to the case, he could potentially bring up information that is not connected to the murder.
Judge Dayna Dayson said she expects a jury to be present during the next trial date.
The trial is scheduled to continue on July 17.