Reluctant witness identifies McCray

BUFFALO, N.Y. (WIVB) - He called Riccardo McCray: "murder with a gun." A star prosecution witness told the jury he saw McCray pull the trigger, killing at least one of the City Grill murder victims.

Gerry Davis is a jailed robbery suspect, currently being held at the Erie County Holding Center. Some called him the prosecution's star witness on Thursday so far in the trial. The defendant seemed unnerved as he heard Davis testify.

Riccardo McCray usually sits calm and cool, but the lone suspect in the City Grill murders seemed agitated Thursday, tapping his foot in court as Gerry Davis testified, "I see him shoot a person in a yellow-collared shirt, in the head."

Davis, a robbery suspect, told the jury he was at the City Grill on that horrible night last August when eight people were shot, four dying as a result. Davis testified he was in the getaway car with McCray, who he knew then only by the name of "Murder."

Davis testified, "Murder said, "What I do? What I do?""

Davis claims the driver, a guy named Dave, handed him the silver gun allegedly used in the attack. Davis said Dave told him, ""Yo," he say, "when I get to the bridge, I need you to toss this over the bridge." He said McCray was throwing up in the backseat.

McCray surrendered at News 4 eleven days after the murders. On cross examination, McCray's attorney, Joseph Terranova, grilled the witness on failing to disclose a lot of the information he gave during testimony to police until he was in custody on an unrelated charge last fall.

Terranova asked, "Get some benefit by cooperating with the DA?"
"I haven't yet, sir," responded Davis.

Davis also testified he saw a second person with a gun, crouched down outside the City Grill, saying, "I couldn't tell if he was shooting or not." On cross, Terranova called him a liar after it was revealed in earlier police statements he indicated he saw a second person fire a gun.

On re-direct, prosecutor James Bargnesi asked Davis, "Any question in your mind that the defendant was the shooter of the young man in the yellow shirt?"
Davis replied, "No, sir."

The murder weapon was never found. Davis tried to show police, taking them to the bridge, but it was never located. Davis is from Brooklyn and was new to Buffalo, so he wasn't sure where they were when he claims he threw the gun out the window.

The trial resumes Friday morning. If convicted, McCray faces 50 years to life in state prison.