Witness changes story, says Napierkowski didn't do it; then takes it back

Story Created: Jan 13, 2009 at 11:31 AM EST

Story Updated: Jan 13, 2009 at 12:14 PM EST

UTICA, N.Y. (WKTV) - Marques Williams, a key witness in the trial of Brad Napierkowski, took the stand Tuesday morning, only to tell the court different information about the 2005 shooting than he gave in his grand jury - and then took it back.

Williams fingered Napierkowski as the shooter to a grand jury in 2006, but on Tuesday morning, changed his story, telling the court that Napierkowski didn't do it.

Williams claimed Tuesday morning that it was a man named Mark Bell who shot and killed Junior Mercurious in 2005, and that the only reason he fingered Napierkowski was because Bell threatened Williams' family.

The trial was halted until Williams' attorney could be brought in.

However, later in the morning, Williams then took back his statement about Bell, saying that Napierkowski, was, in fact, the shooter.

Bradley Napierkowski is accused of killing Mercurious in July 2005.

On Monday, Napierkowski waived his right to a trial by jury - but a trial began nonetheless.

Prosecutors say the confrontation and eventual murder of Junior Mercurious was over drugs and money.

They feel Napierkowski tried to steal from Mercurious and ended up shooting Mercurious to death.

Public defenders counter with the notion that Naperkowski is innocent, and will point witnesses who they say have inconsistent stories.

Back on July 17, 2005, court records say he tried robbing junior Mercurious of cash and possibly cocaine.

He was charged in 2006 while serving at a downstate facility for a separate crime.

The trial was delayed, prosecutors say, because Naperikowski suffered from a brain tumor. With that settled, the trial is back on again, but without a jury, in what is known as a "Bench Trial."

In this case, the decision will be made by Judge Barry Donalty.
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