PITTSFIELD — Surveillance video captured the moment that Ryan Aulisio fired the shot that injured Rayquan Watford near a Tyler Street convenience store.
The video showed Aulisio, who was on foot, backing up between two cars with a weapon in his hand just before shooting, according to Assistant Berkshire District Attorney Joseph Yorlano.
But Aulisio's attorney, Thomas J. Donahue Jr., said Watford was the aggressor.
The video was presented in Central Berkshire District Court on Friday, during a dangerousness hearing for Aulisio, who is facing a charge of attempted murder in the July 11 incident. Aulisio, 31, has pleaded not guilty.
After hearing arguments and viewing the video, Judge Robert Santanello ordered Aulisio to be held without bail for 120 days.
When police arrived at the scene of the shooting, which was detected about 10:47 p.m. in the area of 283 Tyler St., they found a spent shell casing and blood on the sidewalk, but no victim was located at the time.
A short time later, police learned that Watford, 27, had gone to the emergency room at nearby Berkshire Medical Center.
Watford declined to cooperate with police, but a witness told officers that Aulisio must have seen Watford and a female acquaintance pull into the parking lot shortly before the store closed, walked toward them, pulled out a gun and fired it. The bullet just missed the woman's leg, but it bounced off the pavement and hit Watford in the arm, police said.
Aulisio, whose last known address is Glenwood Avenue, was arrested Wednesday at the Econo Lodge on Cheshire Road on a warrant that police had obtained the day after the shooting. He also was wanted on two other charges related to the alleged assault of a family member Dec. 29.
Santanello revoked Aulisio's right to bail for 90 days in that case; a pretrial hearing is scheduled for Tuesday.
In arguing to hold Aulisio as dangerous, Yorlano pointed to his history of violence.
Aulisio was sentenced to serve up to five years in state prison in 2010 for his part in a midday drive-by shooting on Columbus Avenue in Pittsfield the year before. He was charged with armed assault with the intent to murder in that case, after turning himself in after a five-day manhunt.
Yorlano noted that the Legislature originally approved the dangerousness statute with people like the defendant in mind.
But Donahue told the court that the most serious charges against Aulisio had occurred nine years ago, and that the defendant was currently serving as a "personal care attendant" for his father, and taking care of his young son.
"He's been out of prison for five years now," Donahue said, referring to Aulisio. "There are many other things that can done to keep the public safe. Bail would be more appropriate."
Clad in an orange jail jumpsuit, Aulisio was fidgety during the hearing; he put his head on the table in front of him several times, kept shaking his leg, then twice raised his handcuffed hands behind his head and stretched. While Santanello, Yorlano and Donahue were watching the surveillance video on a laptop during a break in the testimony, Aulisio turned to the spectator gallery and stuck out his tongue at his girlfriend and two sisters who were sitting behind him.
During a short interview with The Eagle on Friday, Sasha Persip, one of Aulisio's sisters, said she didn't understand how her brother could be charged with attempted murder for shooting into the ground.
But during the hearing, Yorlano said the damage inflicted by the wound easily could have been worse.
"It was a few inches away from a vital organ," Yorlano said. "He would have been facing a charge of homicide."
Yorlano said the attempted murder charge against Aulisio will "more than likely" be presented to a grand jury for indictment in Berkshire Superior Court. A bindover hearing has been scheduled for Aug. 28.