Rolling Stone reports that in court on Tuesday (December 20), a man named Sean Kelly testified that he saw the entire confrontation from his bedroom window. Kelly said he saw a “violent” fight first breakout between two women before an “angry male” joined. He alleges he saw the first muzzle flash nearest to “the girls… about the same time the smallest individual (Lanez) got out of the car.”
“I believe I saw the girl shoot first,” he said. “[But] I believed it was fireworks.”
He then said the male, presumed to be Tory Lanez, began shooting next.
“I just saw he was very angry, shouting, and then the flashes then came from him. I never saw a gun,” Kelly said. “They were all fighting, so I just assumed he grabbed the gun.”
He also alleges that the whole group began beating on one woman.
“He said the female victim who had been ‘kicking all the time’ got out of the vehicle ‘bleeding,'” Rolling Stone reports, adding that he said, “She was crawling along, crawling, stumbling.”
“She was in a fetal position. She was all curled up on the floor and they were punching and kicking her. They were all beating her,” he testified.
The new testimony comes just after Los Angeles Deputy District Attorney Kathy Ta motioned to add two new witness tampering charges onto Tory’s existing charges during day six of the trial on Monday (December 19).
Ta cited allegations that Tory offered Megan and her former friend and assistant, Kelsey Harris, a “$1 million bribe” to remain mum about the shooting. She also cited California Penal Code 136.1, which makes it a crime to attempt to dissuade a witness.
Judge David Herriford sided with the defense and rejected the additional charges, saying the late change would place Lanez’s legal team in a “difficult position” to put together a proper response.
Tory Lanez still faces three charges: felony assault with a semiautomatic firearm, possession of a concealed, unregistered firearm and discharging a firearm with gross negligence. He’s pleaded not guilty to all three.
If convicted, he faces a maximum of 22 years and eight months in prison, as well as subsequent deportation to Canada.