Court battle over News 4 video of accused killer

BUFFALO, N.Y. (WIVB) - He turned himself in right at News 4, but now, statements made by the suspected City Grill gunman Riccardo McCray are at the center of a court battle.

It was back on August 25th, less than two weeks after the shootings, when we broke in live as McCray surrendered to News 4 senior correspondent Rich Newberg at our north Buffalo studios.

Portions of News 4’s video of Riccardo McCray’s voluntary surrender were played in Erie County Court on Monday in Judge Sheila Di Tullio’s courtroom. McCray’s attorneys sought to repress the video from the upcoming trial. McCray’s attorneys are now focusing on statements made by McCray after he was taken into police custody.

McCray was brought to News 4’s studios by Darnell Jackson and Bishop Perry Davis on August 25th. Rich Newberg interviewed McCray before police arrived. Detective Sergeant James Lonergan testified that McCray had waived his Miranda rights in writing when he was brought to police headquarters after he voluntarily surrendered at News 4, but before his attorney arrived. He then told police he had been at the City Grill at the time of the shooting, but denies he was the shooter.

News 4 attorney Dan Oliverio was in the courtroom when Lonergan testified Monday afternoon. Oliverio said, “Mr. McCray waived his Miranda rights in writing and then gave a statement where he admitted he was in the City Grill when the shooting started. And also he told the detectives what he was wearing at that time, which I assume the police will use against the videos that they have of that incident.”

Prosecutor James Bargnesi said, “As the case plays out and as facts are developed in the courtroom, and not in the hallways of the courtroom, we’ll see the value each piece of evidence has.”

Rich Newberg had been subpoenaed to possibly testify on Monday about the News 4 video, but was not called as a witness.