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Updated: Tuesday, 22 Mar 2011, 6:36 PM EDT
Published : Tuesday, 22 Mar 2011, 6:34 PM EDT
BUFFALO, N.Y. (WIVB) - Three witnesses have now pointed to Riccardo McCray as the gunman behind the City Grill killings. It was a day of tearful testimony Tuesday at Erie County Court.
Tuesday's testimony was so emotional, the judge had to call for a break twice to give witnesses time to collect themselves.
Prosecutor James Bargnesi said, "And she will describe for you the terror of her cousin getting up and him falling into her arms."
Prosecutor Bargnesi continued to set forth the plan laid out in his opening, calling the cousin of Danyell Mackin to the stand. Within minutes of being questioned, Annquienette Burkes testified she was with her cousin at the City Grill last summer and saw the shooter "jump out of the crowd, crouches 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."
Riccardo McCray surrendered at News 4 eleven days after the shooting. He stands accused in the shooting deaths of four people and wounding four others. On cross, 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."
As Terranova indicted in his opening statement, unreliable eyewitnesses will be a recurring theme for the defense. He asked Burkes if she was aware that hours after the shooting she mistakenly identified a different man as the gunman. That man was later released. On re-direct, Bargnesi asked, "Fair to say this was the worst few hours of your life?" "Yes," said Burkes.
The defendant has yet to speak in court. He shows very little emotion during the tearful testimony. Three witnesses have now identified him as the shooter at City Grill. The trial continues on Thursday.
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