Lynn detective disputes slay witness’ recantation

SALEM – A Lynn police detective said a witness who recanted his earlier statement last week in the murder trial of Jose Cabrera – charged with the fatal shooting of a rival gang member on Halloween night in 2008 – had no such problems identifying the suspect as the man who killed Tony Pich.Lt. Police Detective Stephen Withrow testified that a Lynn teen admitted to police during an interview in November 2008 that he saw Cabrera shoot Tony Pich from a kitchen window inside an Olive Street home.”Did he say how sure he recognized the person firing the gun?” asked Assistant District Attorney Kristen R. Buxton during the murder trial at Salem Superior Court.”He was 100 percent sure,” Withrow responded.”Did you show him a photo array?” Buxton asked.”Yes,” Withrow answered, saying that out of nine photos, the teen identified Cabrera from the photo array shown to him by police, but added, the youth refused to sign his name to the photo he picked.Pich, 22, was gunned down in front of his house at 1-3 Olive St. on Nov. 1.But the same teen testified last week that he was in the bathroom at the time of the shooting and only heard the gunshots, but didn’t see who killed Pich.The teen admitted he was part of the AKC gang, known as the Avenue King Crips gang, but denied saying he saw Cabrera shoot Pich.But on cross examination by defense lawyer Jeffrey Karp, Withrow admitted that the youth had also stated the shooter had long hair. Cabrera has short hair.Cabrera, a member of the Deuce Boyz gang who was just 18 when the incident occurred, is on trial for the premeditated shooting death of Tony Pich. He faces a life sentence behind bars with no chance of parole if convicted.