State rests in murder trial of Evansville man

EVANSVILLE, In (WEHT) – The state has rested where the defendant is on trial for a fatal shooting outside of an Evansville strip club.

Zachary Diaz is charged with murder for allegedly shooting Derrick Dye Jr ., outside of Ponytails Lounge .

A detective testified that he was able to identify Diaz’s car that was at the club, a silver Lexus via flock cameras and trace ownership and registration to him.

He said authorities searched the Lexus three times. The first two searches didn’t turn up anything, but the third search enabled them to remove panels and dig deeper into the car.

After the state rested, the defense called up its first witness: Diaz’s fiancé. She said they got there at about 1:30 a.m. She testified going to Ponytails was a spur of the moment decision. She said she did not know Dye, and Dye allegedly grabbed Diaz by the arm after the lights came on (lights coming on meant closing time). She claimed Dye was being loud and rambunctious, and Diaz allegedly said, “Don’t touch me.”

She then said after going outside, there was an argument among several other people, never knowing of a scuffle between Diaz and Dye but claimed she did hear a gunshot.

She also claimed Diaz couldn’t stay at the house after what happened, so he went with his friend. She said she was not aware when Diaz was arrested.

During cross examination, the state asked about the gun that was allegedly used in the crime, she said she owns a 9mm Taurus handgun that she keeps in her vehicle, a 2015 Dodge Durango. She also said she had known Diaz for about eight years and did not see Diaz with a gun early that morning.

Diaz was called to the stand, and claimed he had a heated conversation with a person that he did not know staring at him. He claimed he did not know or see Dye when they first got to the club. He also claimed Dye approached him twice, grabbing his arm. At this time, he said he had a gun on him. He also claimed Dye was making threatening comments. He says he pushed Dye down when a group of females came out and a large commotion started.

When asked about the alleged fight between him and Dye, Diaz says it turned into a grapple when the gun he had in his pants started coming out. He said he turned around when the gun went off. Diaz claimed he was startled when he saw Dye fall to the ground, and did not know the investigation turned into a homicide until a detective told him.

When asked how he got the gun, Diaz said he took the gun out of his fiancé’s car. She allegedly did not know it was taken.

Diaz maintained that claim during cross examination. He also said the bouncer allowed him to walk past without being scanned and paying at the entrance. The state asked if Diaz walked inside the club with the gun, how did the bouncer let him past? The state then started to grill Diaz on questions about the hoodie with the bullet holes and where everyone was inside and outside the club. The prosecution alleged that Diaz was getting the better of Dye in the fight and shot him. Diaz claimed the gun was pointing up when it went off. The prosecution pointed back to the direction the bullet traveled when it went off, saying it went down through Dye’s rib, hit his aorta and into his kidney.

The trial will continue into the fifth day Friday.

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