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Witnesses say McCray was gunman

Updated: Wednesday, 23 Mar 2011, 7:14 AM EDT
Published : Wednesday, 23 Mar 2011, 7:14 AM EDT

BUFFALO, N.Y. (WIVB) - Victims' family members broke down on the stand, Tuesday.

Tuesday was a very emotional day in court as several witnesses said Riccardo McCray was the gunman who killed four and wounded four others, last August.

Prosecutor James Bargnesi told jurors in his opening statements that powerful testimony would be heard during this trial.

Prosecution called the cousin of Danyell Mackin to the stand. Annquienette Burkes testified she was with her cousin at the City Grill last summer and saw the shooter "jump out of the crowd, crouch down and aims toward the right and starts shooting."

Burkes also stated she saw the gunman shoot and kill Tiffany Wilhite, and say to another female, "I told you I'd get you b****."

She burst into tears as she recalled how her cousin stumbled to her, saying, "He couldn't feel his legs...gasping...I said keep fighting and breathing."

At two different times the judge had to call for a break to give witnesses and courtroom observers time to collect themselves.

But during cross examination, Defense Attorney Joseph Terranova questioned Burkes about the shooter, asking, "Did you look at his face?"

Burkes replied, "Just his side profile."

It also came out that in Burkes' initial police statement, she admitted, "I wasn't 100 percent sure. I only saw his side profile."

Terranova said during his opening statement that unreliable eyewitnesses will be a recurring theme for the defense.

The defense is also expected to call four inmates from the Erie County Holding Center who claim they had conversations with McCray about the shooting.

Terranova has already questioned the validity of their potential testimony.

Copyright WIVB.com

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