ROCHESTER, N.Y. – The family of Desmin Diggs left the courtroom in tears of joy Tuesday morning after Shawn Appleberry was sentenced to 20 years to life in prison for Diggs’ murder.

The sentencing comes more than six months after Appleberry was convicted in November, following delays due to months of appeals by his defense team.

On the night of March 21, 2022, Appleberry and Diggs got into a disagreement in the parking lot of Tangie’s Kitchen in Irondequoit. Appleberry was convicted of shooting Diggs with an illegal handgun.

Appleberry was supposed to be sentenced in December, but his defense spent months trying to get the conviction thrown out. Their biggest claim was juror misconduct, pointing to the social media activity of Juror #3, which included some likes on content related to Diggs’ death. They used this to claim the young woman knew Diggs and his family.

“Every issue that has been brought up by defense counsel has been completely aired, there is nothing left. Judge Miller – Justice Miller – addressed everything. And so I’m hoping the family can find some closure,” said Assistant District Attorney Kevin Sunderland.

Other appeals focused on administrative issues, with the defense alleging that Appleberry did not get a fair trial. After several hearings, the last of those appeals was denied just before sentencing was delivered.

“Kevin did a good job, yes an excellent job, and justice was served,” said a family member of Diggs.

Ahead of the sentencing, Diggs’ mother, Michelle Diggs, spoke about who her son was in a victim impact statement. Diggs leaves behind two children, ages 18 and 7. The family says with his killer going to prison, Diggs can finally rest in peace.

“Just take care of his kids, they miss him so much, sad, just help his kids and teach him to do right. But justice was served,” Michelle Diggs said.

The defense did say they plan to file another appeal. While Sunderland said he can’t comment on future appeals, he told News10NBC’s Hailie Higgins that based on what they went over in the trial and extension, he believes there’s nothing left.

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