'Justice has been served': Desmin Diggs' mother speaks out after Shawn Appleberry's conviction for her son's murder

ROCHESTER, NY – 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 sentenced 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 an argument 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 overturned. Their biggest complaint was about juror misconduct, pointing to Juror No. 3's social media activity, which included likes on content related to Diggs' death. They used this to claim that the young woman knew Diggs and his family.

“Every issue raised by the defense attorney has been fully exposed, there is nothing left. Judge Miller – Judge Miller – addressed everything. So I hope the family can find a way out,” said Assistant District Attorney Kevin Sunderland.

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

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

Before the sentencing, Diggs' mother, Michelle Diggs, spoke about her son's identity in a victim impact statement. Diggs leaves behind two children aged 18 and 7. The family says with his killer sent to prison, Diggs can finally rest in peace.

“Just take care of his kids, they miss him so much, it’s sad, just help his kids and teach him to do good. But justice has been served,” said Michelle Diggs.

The defense said it plans to appeal. Although Sunderland said he can't comment on future appeals, he told News10NBC's Hailie Higgins that based on what they looked at during the trial and extension, he believes he won't nothing left.

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