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Jury deciding fate of Riccardo McCray

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Jury deciding fate of Riccardo McCray

Updated: Thursday, 31 Mar 2011, 6:37 PM EDT
Published : Thursday, 31 Mar 2011, 6:29 PM EDT

BUFFALO, N.Y. (WIVB) - The murder case against accused City Grill killer Riccardo McCray is now in the hands of the jury. A jury that will have to weigh the credibility of witnesses who pointed to McCray as the gunman behind the massacre last August.

The jury began deliberating around 3 p.m. on Thursday. Family members of victims continue to wait outside the court. Jury members requested only one read back, and that was testimony by Gerry Davis. He emerged as the prosecution's key witness in this case. Davis testified he was in the getaway car with the defendant shortly after the murders and that he disposed of the murder weapon, which was never found.

As promised, prosecutors showed a final clip of what appeared to be an assassination of one of the victims. It's horrific to watch, but the video is not very clear. You can see someone approaching a man in white on the ground, pausing, then fleeing. Seconds later, the man on the ground, later identified as Danyell Mackin, stumbles and drops, dying in the arms of his cousin. Within ten minutes of his closing argument, prosecutor James Bargnesi showed the disturbing video.

"Danyell Mackin, the groom, was an intended target that night of the defendant. Shot not once, but twice, the only person out of every single victim," said Bargnesi.

Defendant Riccardo McCray continued to keep a cool demeanor as Bargnesi made his closing argument, telling jurors to remember, "All seven bullets were fired by the same gun."

McCray is accused in the shooting deaths of four people, and wounding of three others. During the seven day trial, prosecutors called 49 witnesses. Bargnesi reminded jurors about the five eyewitnesses and what some of them said when they saw the shooter.

Bargnesi said, "'What the *** is you doing Murder? And Murder looked at me, turned his head like he was looking for somebody.'"

Defense attorney Joseph Terranova said, "What can you trust in the eyewitness testimony?"

During the trial, McCray's attorney, Terranova, opted not to put on a defense. The defendant never took the stand, but he had maintained his innocence when he surrendered at News 4 last summer.

"These people are trying to gain some benefit for themselves," said Terranova.

During his closing argument, Terranova made reference to the Bible and poker because some of the eyewitnesses hope to get deals in return for testifying.

Terranova said, "That might work in poker, but it doesn't work in a courtroom. How do you trust that? Do you trust that?"

"Why would they blame this defendant if it wasn't him?" said Bargnesi.

If convicted, McCray faces 50 years to life in prison. The judge did tell the jury to pack an overnight bag.

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