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09/01/2010 04:04 PM

McCray indicted and bail denied in City Grill shooting

By: Nicki Mayo

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BUFFALO, N.Y. -- An Erie County court judge denied bail for the key suspect in the City Grill Mass shooting.

Riccardo McCray pleaded not guilty to multiple murder charges.

"The Erie County grand jury after a thorough investigation returned a multi-count indictment against Mr. McCray," said Erie County District Attorney Frank A. Sedita III.

McCray, 23, is charged with one count of second degree murder, three counts of murder in the first degree and four counts attempted murder in the first degree.

A gunman opened fire on a crowd of up to 200 people outside the City Grill restaurant in downtown Buffalo August 14. The shooting left four people dead and four others injured.

Shortly after the shooting, District Attorney Frank Sedita says McCray fled to the Carolinas, where he reportedly has family. McCray later returned to Western New York and turned himself in to Buffalo Police within 24 hours.

"I don’t’ believe he’s a flight risk," said McCray's Attorney Terrence McKelvey. "If you have evidence of him leaving the area, please tell us specifically instead of saying generally ‘we have evidence he left the area,' What evidence?” He says his client is willing to work with authorities.

"He surrendered himself sincerely because he believes in the system. He believes that he's innocent and the system will indicate him," McKelvey added.

"We're very confident of the evidence that was before the grand jury. We've put multiple witnesses before the grand jury. There's more than just eyewitness testimony here," said Sedita.

District Attorney Frank Sedita says there are at least five identifying witnesses in this case; their identities are being kept anonymous. A pre-trial conference is set to take place in three weeks.

If convicted of the charges, McCray faces a maximum of life behind bars.