Donald Silmon, the man who claims a Buffalo police officer shot him with a BB gun when he was a teenager, failed to appear for his second day of testimony Thursday.
Prosecutors would not comment on why Silmon was absent, but one courthouse source said he may have become ill after Wednesday's court appearance.
Silmon is one of the key witness in the prosecution of Detective Raymond Krug and Officer Joseph Wendel. Krug is accused of shooting Silmon, who was 17 at the time, with a BB gun, and Wendel is charged with egging him on and later punching him in the stomach.
U.S. District Judge William M. Skretny told the jury that Silmon was "unavailable" and advised them not to speculate on why he was not in court.