Prosecution and Defense Rest Case in Murder Trial

By D.C. Witness Staff - July 31, 2019
Court | Daily Stories | Homicides | Suspects |

After nearly two weeks of murder trial, the prosecution and the defense rested their cases. 

Gary Proctor, 41, was indicted by a Grand Jury in 2016 on charges of 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. The charges were for his alleged involvement in the murder of his cousin, 47-year-old Jerome Diggs on July 27, 2015, on the 1300 block of First Street, SW.

The prosecution rested its case after questioning the lead detective about a phone that was recovered from the murder defendant when he was arrested. Apparently, Proctor exchanged the phone he had with him during the murder with a new phone the day after the murder.

Proctor’s defense attorney, Steven Kiersh, said he and Proctor made the tactical decision not to call any of the witnesses who were on subpoena. Kiersh did not explain the defense’s reasoning for doing so. 

Proctor also made the choice not to testify. Kiersh renewed his motion for DC Superior Court Judge Danya Dayson to find Proctor not guilty of the charges. The Judge did not make a decision on the acquittal. 

Closing arguments are scheduled to be made July 31. The jury is expected to begin deliberations after.