Eyewitness testifies in Valley Stream man's murder trial

A witness testified Thursday that he was close enough to see the face of Richard Baccus' accused killer when gunfire erupted outside a Valley Stream restaurant last year.

"I said, 'Orlando, what are you doing?' " Deo Singh, 39, a general contractor, recalled at the murder trial of Orlando Ortiz in Mineola.

"He was shooting into the car," Singh also told jurors.

Ortiz, 32, of Valley Stream, is accused of firing nine bullets from a .22-caliber gun into Baccus' head on Dec. 23 behind Ay! Caramba on West Merrick Road. The neighborhood acquaintances had gotten into an argument inside the restaurant that spilled outside, according to prosecutors.

Singh, who knew Ortiz before that night but not the victim, said he was 4 or 5 feet away -- standing by the front of the black BMW that Baccus, 50, of Rosedale, Queens, was sitting in -- when the shots were fired.

Singh said he panicked and bolted from the scene, using a cellphone to call 911.

He testified that he had seen Baccus and Ortiz get into a conversation he called "a little bit argumentative" about a badge Baccus had with him in the restaurant before they continued their dispute in the parking lot.

Authorities have said Baccus had a phony bounty hunter badge with him when they found his body. The defense claims Baccus was drunk and trying to fight with Ortiz, who said he knew the credential wasn't real.

The defense also has questioned why police didn't document that Baccus was holding a small flashlight in one hand when he was found dead. In his testimony Thursday, Singh said he didn't see anything in Baccus' hand before the shooting or hear Baccus threaten Ortiz or Ortiz's brother, who also was there that night.

During cross-examination, Singh admitted after watching a security video that he left the restaurant with the other men. He testified earlier that he went outside first to smoke.

His testimony will continue Monday.