Witness Testifies Riding in McCray Getaway Car

March 24, 2011 Updated Oct 25, 2013 at 2:04 PM EDT

By John Borsa

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March 24, 2011 Updated Oct 25, 2013 at 2:04 PM EDT

BUFFALO, NY (WKBW) - Riccardo McCray vomited on himself in the getaway car and repeatedly said, "What I do? What I do?" as he was driven away from the scene of the City Grill mass shooting, a witness told the jury in McCray's murder trial Thursday morning.

Gerry Davis, 20, who has been jailed since October for an unrelated second-degree robbery case, testified he saw McCray shoot a man wearing a yellow shirt in the back of the head outside the Main Street restaurant on August 14.

Davis said that he, McCray -- who he referred to as "Murder" during his testimony -- and a friend named "Dave" left the scene in "Dave's" red Pontiac.

"Murder" is one of McCray's street names.

Under questioning by lead prosecutor James Bargnesi, Davis told the jury that he reluctantly tossed the murder weapon from an overpass when he felt pressured by McCray, who told him to "Just throw it! Just throw it!"

Davis, who moved to Buffalo from Brooklyn in 2009, said his friend "Dave" drove McCray to the Riverside home of McCray's girlfriend, where "Dave" tossed McCray's blood and vomit-stained purple polo shirt in a blue garbage bin in front of the house.

Davis said he saw a second man with a gun outside City Grill crouched down near the restaurant. He testified he could not tell if the man was one of the bar's armed security guards or if the gun was ever fired.

Three days following the shooting, Davis told the jury he flagged down a female police police officer and told authorities that he saw "Murder" shoot a man outside City Grill.

Bargnesi asked Davis if "Murder" was in the courtroom, Davis pointed to McCray.

Davis said he initially did not tell police about the car ride or that he disposed of the murder weapon.

Once he told police about the gun, Davis said he tried to lead detectives to the bridge, but his unfamiliarity with the city made it impossible.

The murder weapon was never found. Eight people were shot, four of them fatally.

When questioned by McCray's defense attorney Joseph Terranova, Davis said he did not tell police that he disposed of the weapon or that McCray was in "Dave's" car because he did not want to get into trouble.

"Dave," the driver of the red Pontiac, was later revealed to be David Lawson, the nephew of Buffalo Police Detective Gary Teague, who testified he accompanied Lawson to the city's Seneca Street garage where the Pontiac was processed for evidence nine days after the shootings.

The vehicle was swabbed for DNA evidence, said Buffalo Police Det. James Maroney, who took the stand in the afternoon and told the jury that another vehicle was also processed for possible DNA.

The second vehicle, a 2002 Acura with North Carolina plates, is believed to be the car McCray used to travel back to Western New York after fleeing Buffalo in the days following the shooting.

Prosecutors have not revealed what, if any, DNA evidence was found in the vehicles.

McCray is on trial before Erie County Court Judge Sheila DiTullio and faces life in prison without the possibility of parole if convicted. He faces three counts of first-degree murder, one count of second-degree murder and four counts of first-degree attempted murder.