Tuesday, December 7, 2010

Lawyers say video shows two shooters

Attorneys for Riccardo M. McCray, who has been charged with murder in the August shooting deaths at City Grill, claimed they have video of two people exchanging gunfire during the incident.

The statement in court Monday marks the first public statement that more than one gunman may have been outside the bar when four people were killed and four others wounded while leaving a party.

Attorney E. Earl Key said the video shows "there were two shooters" during the Aug. 14 incident but did not elaborate during the opening day of a pretrial hearing to determine whether defense attorneys will be allowed to challenge the legality of statements McCray made to police after his arrest Aug. 25.

McCray, 23, who faces a possible life term without parole, reportedly will be one of the first defense witnesses to take the stand when the evidence hearing continues today before Erie County Judge Sheila A. DiTullio.

He is charged with fatally shooting Danyell Mackin, 30; Willie McCaa, 26; Tiffany Wilhite, 32; and Shawntia McNeil, 27. He's also charged with wounding James Robb, 27; DeMario Vass, 30; Shamar Davis, 30; and Tillman Ward, 27.

Key disclosed the alleged shooting scene video Monday without further explanation as he was cross-examining Buffalo police Detective Sgt. James Lonergan, who took McCray into custody Aug. 25 at the WIVB-TV studio on Elmwood Avenue.

While challenging Lonergan's claim that he never heard McCray ask to speak to an attorney before he was rushed to Police Headquarters that day, Key told the judge the alleged shooting scene video shows "one person shooting at another one."

After prosecutors James F. Bargnesi and Mary Beth DePasquale objected to the Key statement, the judge cut off further talk about a "video," ruling that it was a likely "trial issue."

Neither Key nor co-counsel Samuel P. Davis could be reached to comment on the existence of the video. Prosecutors declined to comment.

WIVB-TV Senior Correspondent Rich Newberg interviewed McCray at the Channel 4 studio after community activist Darnel Jackson got McCray to surrender Aug. 25. Newberg and Channel 4 General Manager Chris Musial arrived at court Monday under defense subpoenas, but neither took the stand.

McCray was in court for Monday's proceedings but did not speak.

By Matt Gryta, mgryta@buffnews.com, News Staff Reporter

Source: The Buffalo News

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