Defense Counsel Motions for Mistrial After Witness Says Too Much

By D.C. Witness Staff - July 23, 2019
Court | Daily Stories | Homicides | Suspects |

A defense attorney told a DC Superior Court judge that he planned on filing a motion for a mistrial because a witness testified that his client had a criminal history.

In 2016, a Grand Jury indicted Gary Proctor, 41, on 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 charges for allegedly shooting Jerome “Beanie” Diggs, 47. The crime took place on the 1300 block of First Street, SW in 2015. Proctor is the victim’s cousin.

On July 22, Diggs’ brother told the jury that he first met Proctor at his mother’s funeral in 2013. The brother mentioned that Proctor had recently been released from jail.

The prosecution stopped the brother from giving the jury any other details about Proctor’s criminal history. But, Diggs’ defense attorney, Steven Kiersh, said he believes the brother revealed a “profound prejudice” against his client.

Two of Diggs’ neighbors also told the jury that they assisted the victim before he died.  “I was trying to save his life,” one of the witnesses told the jury.

According to court documents, Diggs was shot inside his residence. He suffered from multiple gunshots to his torso, according to the Chief Medical Examiner of the District of Columbia.

Before Diggs died he told a witness on the telephone, “Yes, Little Gary shot me. I didn’t call the police. I don’t think I’m going to make it. I just want to let somebody know who shot me,” documents state.

Diggs and his nephew were assaulted by Proctor and Proctor’s father on July 11, 2015, at a cookout in Prince George’s County, Md. Apparently, the assault occurred because Diggs refused to let Proctor sell heroin and cocaine out of his residence, according to court documents. The two men lived across the street from one another.

Judge Dayna Dayson said she would address the motion for mistrial on July 23.