During a status hearing March 9, a judge said she would need at least 30 days to decide whether or not to grant the defense’s motion for a new trial.
Gary Proctor, 42, is charged with first-degree murder while armed, possessing a firearm during a crime of violence, unlawfully possessing a firearm during a crime of violence, carrying a pistol outside a home or business, and unlawful possession of ammunition in connection to the murder of his cousin, Jerome Diggs, 47. The victim died on Jul. 27, 2015, on the 1300 block of First Street, SW in his home.
Betty Ballester, Proctor’s defense attorney, filed a motion with the court for a new trial for Proctor. The reason for the new court date was not disclosed during the hearing.
The prosecution filed an opposition to the motion.
DC Superior Court Judge Danya Dayson told counsel that she would make a decision on the motion within 30 days.
A sentencing date was scheduled for April 24, and Judge Dayson said that, depending on whether she grants or denies the motion, the sentencing could be converted to a status hearing.
This article was written by MiriYam Judd
