`` Jermayne fired the shot , '' he said .
fired
`` jermayne fire shot he say
`` Jermayne <m> fired </m> the shot , '' he said .
A key witness against teenage murder suspect Jermayne Timmons identified him Tuesday as the gunman who killed 10-year-old Kathina Thomas in May , then twice admitted he lied in his testimony .
Elijah Coleman , 21 , told jurors in Albany County Court he and two acquaintances went to West Hill on May 29 to `` put in some work '' and `` start trouble . ''
A member of the trio was shot in the foot by rivals on an earlier occasion , he said .
They rode bikes to First and Judson streets , he testified , and Timmons , now 16 , was armed with a .45 - caliber handgun he had picked up under a trash can at the Ida Yarbrough apartments in Albany .
After a face-off with some rivals who `` wanted to fight , '' he testified , Timmons pulled the trigger .
`` Jermayne <m> fired </m> the shot , '' he said .
Kathina , a Guyana native in Albany less than 16 months , was slain in front of her First Street home , near the corner of North Lake Avenue .
While not disavowing Timmons was the shooter , Coleman then testified that his third friend , whose shooting they were avenging , actually had shot himself in the foot earlier .
Upon cross-examination , Coleman then gave a second contradiction , saying he had seen - and never had seen - the .45 - caliber gun Timmons allegedly was carrying .
`` So which is it ? '' Deputy Public Defender Peter Lynch asked Coleman , who in turn said he had seen the gun before .
He admitted he was lying .
When asked about the friend being shot in the foot , he then answered , `` I do n't know . ''
At one point , Lynch asked Coleman , `` You just lied to this jury when you told them that , correct ? ''
`` Yes , '' he responded .
During one of the exchanges , Assistant District Attorney David Rossi asked Coleman , `` Are you gon na switch it every time you 're asked the question ? ''
Coleman also said that he gave false statements before the case went to trial .
He testified Tuesday that he came forward to clear his name in early June , saying he did not shoot the young girl .
Meanwhile , Coleman testified that he believed the defendant 's name was `` Jermayne Taylor , '' yet did identify him in court .
When asked by the prosecution to recall what he was asked before coming to court , he responded he said it was to tell the truth .
Rossi laid out the prosecution 's case earlier Tuesday in a packed courtroom before Judge Stephen Herrick .
He said Timmons and the two acquaintances rode bikes to an area of West Hill known as `` Little Miami , '' the reason being , `` It 's hot - lots of action in that area .
The defendant knew that . ''
Rossi said Timmons and his two sidekicks were engaged in a staredown with youths at the corner .
He said Timmons aimed and missed his target , instead striking the 10-year-old girl less than two seconds later .
`` As that little girl lay bleeding to death on the sidewalk , this defendant pedaled off and got rid of the evidence , '' Rossi said .
The gun has not been recovered .
Among prosecutors ' evidence not yet revealed in court is an alleged statement and apology note Timmons gave police .
Lynch did not deny his client was at First and Judson with a loaded handgun when Kathina died - or that he fired the weapon .
`` As that little girl lay bleeding to death on the sidewalk , this defendant pedaled off and got rid of the evidence , '' Rossi said .
The gun has not been recovered .
Among prosecutors ' evidence not yet revealed in court is an alleged statement and apology note Timmons gave police .
Lynch did not deny his client was at First and Judson with a loaded handgun when Kathina died - or that he fired the weapon .
He said it was a .32 - caliber revolver , not a .45 - caliber handgun like the one that killed the girl .
`` Because he was there , because he did fire a gun , he 's it , '' Lynch said .
`` He 's the patsy . ''
The prosecution 's first witness was Kathina 's mother , Shondell McAllister , who fought back emotions to recall the night her child died .
She found herself in a crowd that surrounded Kathina outside their home .
McAllister said she had to force her way through the people to speak with authorities as they , too , flooded First Street .
`` I said , 'I 'm her mother. ...
That 's my baby , ' '' she said .
An official looked at her and said : `` I 'm very sorry .
She 's dead . ''
To which she replied,
`` I already know she 's dead . ''
McAllister explained how she and her four children moved to Albany from Guyana in January 2007 and to First Street in September of that year .
She recalled her daughter being on the front steps with , among others , a 1-year-old baby .
After Kathina was shot , she exclaimed , `` ' Mommy , Mommy , I got hit .
Somebody hit me in my back . '' '
`` I said , 'Oh , my God , somebody help me .
My daughter has been shot . '' '
The mother fought tears later Tuesday when images of her daughters post-shooting medical treatment were shown in court .
Several members of the victim 's family and that of Timmons were in court to watch the proceedings .
Timmons faces up to 15 years to life if convicted of second-degree murder .
Testimony continues today .