BUFFALO, N.Y. (WIVB) - Could the prime suspect in the City Grill killings get out of jail before he goes to trial?
Now charged with four counts of murder in the Main Street massacre on August 14th, Riccardo McCray surrendered to Buffalo Police last week at our Channel 4 studios. Monday, bail was set at half-a-million dollars against objections from the Erie County District Attorney's office.
News 4 legal analyst and former District Attorney Frank Clark said, "Their argument is that he fled town for a certain period of time while they were looking for him. So they argue that equals flight risk."
McCray's defense attorney Terrence McKelvey said, "Under the circumstances, the only thing the prosecution could argue was the seriousness of the crime. We in turn argued the crime was just as serious when he surrendered himself."
The surrender, regardless of where it took place, legal observers say that was most likely key to bail being set.
"He knew they were looking at him as a suspect, not as a witness and yet he turned himself in. And I think they are getting some fallout from having arrested the wrong guy originally," said Clark.
Clark is referring to the arrest of a suspect shortly after the shootings outside the City Grill. The charges were dropped. As for the possibility of McCray making bail, McCray's attorney argued, "How is he a flight risk if he is the guy who surrendered himself? And what came out in open court today, or what was mentioned is there is no evidence whatsoever that he ever left the jurisdiction."
McKelvey is referring to reports his client, for a period of time after the shootings, was believed to be in another state. Bail is set at $500,000. Clark believes, because of the crimes, if McCray uses a bondsmen, he would need put up at least half of that amount to secure his release. Normally, ten percent would be enough.
There is another Lake Effect Snow Warning in effect for Erie, Wyoming, Chautauqua and Cattaraugus Counties from Thursday through early Friday.
Lake Effect Snow Warnings return today with the chance for an additional foot for some areas.
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State Education Commissioner John King is on his way to Buffalo. He is coming for a forum on the Common Core curriculum, downtown Thursday.