Defense Presents No Witnesses in McCray Trial

March 30, 2011 Updated Oct 27, 2013 at 7:32 AM EDT

By John Borsa

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March 30, 2011 Updated Oct 27, 2013 at 7:32 AM EDT

BUFFALO, NY (WKBW) - Closing arguments in the Riccardo McCray murder trial are scheduled for Thursday morning after McCray did not present a defense and his attorney rested the case on Tuesday.

The prosecution also rested Tuesday after presenting 49 witnesses in seven days of testimony.

Deliberations are expected to begin Thursday afternoon. A jury of eight men and four women will decide McCray's fate.

"I really don't think we're going to get a quick verdict in this case," said attorney Barry Covert, who is not involved in the McCray trial.

"The jury is going to want to go through each victim individually and then talk about what witnesses testified in relation to each of those victims," said Covert.

McCray, 24, is facing one count of second-degree murder for the killing of Danyell Mackin, 30, and three counts of first-degree murder for the deaths of Willie McCaa, 26; Tiffany Wilhite, 32; and Shawntia McNeil, 27.

The four were gunned down outside City Grill Restaurant on August 14 in one of the deadliest crime scenes in Buffalo history.

Four other victims were shot and wounded including DeMario Vass who remains hospitalized at Erie County Medical Center. The extent of his injuries are unknown.

Melinda McBride, Vass' mother, testified during the trial that she cannot communicate with her son.

McCray faces three counts of first-degree attempted murder for the shooting and wounding of Vass, 30; James Robbs, 27; and Shamar Davis, 30.

A fourth count of first-degree attempted murder, related to Tillman Ward, 27, who was also shot and wounded during the Main Street massacre, was dropped at the request of prosecutors.

James Bargnesi, chief of the District Attorney's Homicide Bureau, made the request because the prosecution failed to present any proof related to that count of the indictment.

Erie County Court Judge Sheila DiTulio agreed.

DiTullio denied a motion to dismiss the case made by defense attorney Joseph Terranova.

McCray faces a maximum of life in prison without the possibility of parole if convicted of just one of the first-degree murder counts.

He faces a maximum of 25 years to life in prison if convicted of second-degree murder.

Judge DiTullio will allow cameras in the courtroom to record closing arguments. Jurors have been told to pack an overnight bag in case the judge sequesters them during their deliberations.