Combs Caused Club Shooting, Prosecutor Says in Court

As the rap impresario Sean Combs glared and scowled, a Manhattan prosecutor yesterday accused him of sparking a December shooting at a Times Square night club.

The prosecutor, Matthew Bogdanos, an assistant district attorney, referred to Mr. Combs as arrogant, brazen and a criminal as he described the events leading to the Dec. 27 shooting at Club New York.

Mr. Bogdanos accused Mr. Combs, 31, of believing he was above the law, lying in his testimony to a grand jury and trying to bribe witnesses.

Mr. Combs, who is better known as Puffy Combs, caused the shooting, the prosecutor said at yesterday's hearing, by arguing with a man over which one of them made more money. He said the argument escalated until the man threw a wad of cash in Mr. Combs's face. When club security moved in and asked Mr. Combs to leave, he replied ''it ain't over,'' Mr. Bogdanos said.

Jamal Barrow, a protege of Mr. Combs's who was with him that night, then pulled a gun and Mr. Combs did the same, Mr. Bogdanos said. Mr. Barrow fired, the prosecutor said, wounding three bystanders while the man arguing with Mr. Combs also fired a gun. He was never arrested and is still being sought by the police.

Mr. Bogdanos also said that the grand jury testimony of the singer and actress Jennifer Lopez, Mr. Combs's companion on the night of the shooting, did not free the rap star of guilt.

''These defendants have a palpable contempt for the law,'' he said, referring to Mr. Combs and his two codefendants, Anthony Jones and Mr. Barrow, a rapper who performs under the name Shyne. ''A belief that the law doesn't apply to them.''

Mr. Combs's lawyer, Benjamin Brafman, dismissed Mr. Bogdanos's claims as outrageous and baseless. He said that more than 30 witnesses would testify that they did not see Mr. Combs with a gun that night and that Mr. Combs and Ms. Lopez fled the club because they thought they had been the victims of an assassination attempt. He accused the prosecutor of distorting Ms. Lopez's testimony.

''I have interviewed Ms. Lopez, and she completely exonerated Mr. Combs,'' Mr. Brafman said. ''I don't know what he's talking about.''

Ms. Lopez said in a statement that she was distressed by Mr. Bogdanos's statements and, speaking of Mr. Combs, said that at no time did she see him with a gun.

The charges and countercharges came during a hearing before Acting Justice Charles H. Solomon of State Supreme Court, during which Mr. Bogdanos argued for higher bail for Mr. Combs, Mr. Jones and Mr. Barrow. All three have posted bail.

Mr. Combs, whose bail is $10,000, and Mr. Jones, his bodyguard, whose bail is $20,000, have been charged with two counts of illegal gun possession. Mr. Barrow has been charged with attempted murder with bail set at $35,000.

Mr. Bogdanos also disclosed yesterday that Mr. Combs is under investigation for crimes committed outside New York. He would not specify the charges, but law enforcement officials speaking on the condition of anonymity said that Mr. Combs was under investigation for illegal weapons possession in Moline, Ill., a city of 43,000 near the Iowa border. The charges date to when Mr. Combs performed a concert there in 1997.

In describing the Times Square incident, Mr. Bogdanos said that Mr. Combs and Mr. Jones ran out of the club after the shooting and, along with Ms. Lopez, got into a Lincoln Navigator and fled.

Mr. Combs and his bodyguard ordered the driver to ''get out of here,'' Mr. Bogdanos said, and then frantically tried to open two secret compartments in the car. Unable to open the compartments, Mr. Combs threw his gun out the right rear window and Mr. Jones placed his gun at his feet before a police cruiser forced them to stop, he said.

Standing in a police precinct only a few feet from an officer later that night, Mr. Combs was heard offering to pay the driver, Wardel Fenderson, $50,000 if he would take responsibility for the gun, Mr. Bogdanos said. In a cell they shared later, Mr. Combs offered Mr. Fenderson a ring Ms. Lopez had given him for his birthday as ''collateral'' for the bribe, the prosecutor said.

After the hearing, defense lawyers attacked nearly every aspect of the prosecutor's account.

Justice Goodman said he would issue his decision on whether to raise the bail at Mr. Combs's next court appearance, on Feb. 22. The judge agreed to adjust the court schedule to allow Mr. Combs to attend the Grammy Awards next week in Los Angeles and complete a European tour in March.