VIRGINIA BEACH, Va. (WAVY) - It was a celebration of Michael Vick's 30th birthday at Town Center's Guadalajara's Restaurant, but as the June 25th party ended, someone shot a man outside. Police never filed charges, and now the grand jury has backed up that decision.
The seven person Grand Jury failed to indict anyone in the case. WAVY.com is the first to have the 911 call that actually identified the shooter, but now the 911 caller is changing her story.
"It's very frustrating," said Virginia Beach Commonwealth's Attorney Harvey Bryant. Bryant played the 911 call from Michael Vick's June birthday party at Guadalajara's. The witness in her 20's told 911 who shot Quanis Phillips. Bryant deleted the name since that man doesn't face charges.
911: "OK, we have officers there."
Caller: "(Says Name) shot Quanis Phillips. I'm just telling you what I see."
911: "OK, now say that again. Who?
Caller: "(says name)"
911: "OK, I can't tell what you are saying."
Caller: "(says name)"
911: "Ok, say that again."
Caller: "(says name), he was the shooter."
911: "Do you know this man?"
Caller: "Yes, he shot Quanis."
The caller said the shooter's name four times, and also described him. She told that to police, but took it all back before the Grand Jury.
"She says she never saw it happen or knew these people. She says someone came by and told her what happened," said Bryant.
In the call, she told 911 not to use her name or voice.
911: "And you saw him do it?"
Caller: "Yes, but I don't want this reported to me. I don't want my name associated with it, anonymous. I don't want my voice used either."
"One of the first things she wanted to know in front of the Grand Jury was whether her 911 tape was going to be played in front of the shooter or the victim. That told me right then she was very fearful," Bryant said.
Without her, and without Quanis Phillips, who gave police a different name than the 911 caller, there is no chance for successful prosecution. "It's fairly obvious the victim is going to give a false name, and then you have a trial.
You say, 'Is this the guy who shot you?' and he says 'No this is not the guy who shot me,' said Bryant.
Witnesses have said the shooting victim is Quanis Phillips and he shoved cake in Michael Vick's face outside the restaurant, and that led to the shooting.
Bryant will not identify either the shooter or the victim, but said "I think the person who did the shooting knew the victim, and that it was somehow connected to the cake incident."
Police know who the shooter is, but he was not brought before the grand jury because it was so obvious he would not cooperate or testify. Bottom line is Harvey Bryant said the case is over.
Bryant said Michael Vick was not at the scene when the shooting happened, and Marcus Vick was not the shooter either.
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