Witness says man being tried in killings outside nightclub wasn't the shooter He has trouble recalling date of Volcano's incident

December 16, 1997|By Ivan Penn | Ivan Penn,SUN STAFF

A man who says he saw the gunman who killed two college students outside the Volcano's nightclub a year ago testified yesterday that the shooter was not Kevin L. Richardson, the man on trial in the killings.

The witness, Derek R. McIntosh, struggled to give the date of the incident, which could hurt his testimony. How much weight jurors give to McIntosh's testimony could be a key to the outcome of the case, which goes to the jury tomorrow.

Richardson is accused of killing Donte Young, a 22-year-old student at Coppin State College, and Lori McDaniel, 19, a second-year civil engineering student at Morgan State University, on Oct. 24, 1996. He also has been charged with wounding four people in the shooting, which prosecutors say was part of an attempt to assassinate an enemy of his.

Early in the trial, which has lasted almost a month, a witness identified Richardson as the shooter. Ali J. Ellis said he was within five feet of the gunman when bullets were fired into a crowd outside the club in the 1000 block of Greenmount Ave. He said the shooter had gold teeth and an angry expression.

McIntosh said yesterday that he was standing as much as 15 feet from the man he said he believes was the shooter. That man, McIntosh said, was surrounded by gunsmoke after the shooting stopped.

"I saw the gunsmoke, and I saw a guy turn and run," McIntosh said.

He said the shooter was about 6 feet tall. Richardson is about 5 feet, 7 inches tall.

Looking at Richardson, McIntosh said, "That's not the guy I saw."

McIntosh, who has been convicted of drug possession, has for years had John Deros, the lawyer defending Richardson, as his attorney. McIntosh testified that on Nov. 19, he was in Deros' office and he saw a newspaper article about the Volcano's shooting that was accompanied by Richardson's picture. At that time, McIntosh told Deros that he was at the club and saw the shooter.

During cross-examination, prosecutor Kevin Urick asked McIntosh the date of the shooting, and McIntosh said it occurred Aug. 23.

While still on the stand, McIntosh later said the shooting occurred a couple of months after he was released from jail on bail July 18, which would have put the shooting in September.

Urick then asked Judge Robert I. H. Hammerman to strike McIntosh's testimony from the record, a motion the judge denied.

Pub Date: 12/16/97

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