Witness Links 2 Gunmen to Fatal Shooting : Violence: Gang member clarifies earlier testimony about the attack in Panorama City that killed a teen-ager and fetus of another girl.

Clarifying his earlier testimony, an admitted gang member testified Friday that two gunmen were involved in a drive-by shooting in Panorama City that led to the death of a teen-age girl and a 3-month-old fetus being carried by another girl.

Killed in a shooting last May 15 were Nikki Foley, 16, and a fetus being carried by Mona Moore, who was 15. Two other teen-age girls struck by gunfire survived.

Testifying for the prosecution, 18-year-old Kenyon Brown said he was in one of three cars that participated in a late-night raid against a rival gang. Brown said that after the cars pulled up near an apartment building on Sylmar Avenue, defendant Robert Harvey stepped out of his car, and an unidentified man stepped out of another car and both fired shots into a group of people attending a party.

Harvey, 20, of North Hollywood, Brandon Reed, 22, of Sun Valley and Ronald Ausborne, 20, also of North Hollywood, are each charged with two counts of murder in the case, which could lead to the death penalty.

The case is unique because prosecutors have charged the men with murder in the death of the fetus.

The California Supreme Court is deciding the issue of whether a fetus must be viable--which is generally considered to be at least 5 1/2 months--or if it is murder simply because the mother did not have a choice in terminating her pregnancy.

While Harvey is in custody, the second shooter--who was identified by Brown only by his gang moniker--remains at large. Brown testified that Reed and Ausborne were among those who drove to the party but did not fire any shots.

Brown said the shooting occurred when one of his friends announced that “there was a party over there and we was going to take care of some business.”

When asked by Deputy Dist. Atty. Franco A. Baratta what he meant, Brown responded, “I thought we was going to go over there and fight.”

Instead, when the cars stopped on Sylmar Avenue, Harvey and the second shooter got out and began firing, according to the testimony.

Brown faces murder charges in Juvenile Court because he was only 17 when the killings took place, but he struck a leniency deal with prosecutors that led to his testimony.

Under the plan, if Brown testified truthfully, murder charges will be dropped and he will be allowed to plead guilty only to being an accessory to the crime. Prosecutors have told him they will not object to any sentence he received in Juvenile Court.