Matthew "Scar" Allen, a felon who witnesses say started a fight with members of Sean "Puffy" Combs's entourage at Club New York on Dec. 27, 1999, will not testify in the New York State Supreme Court trial of the rap entrepreneur. But Allen's statement that Combs fired a gun that night will be included as evidence, as agreed upon by lawyers on both sides of the case as well as Judge Charles H. Solomon, say news reports. Allen, reputedly a burgeoning rap artist, reportedly fled to Maryland a month after the shooting, which left three people inside the Times Square nightclub injured. (Allen was wanted on three unrelated warrants charging him with weapons possession and aggravated harassment.) Combs, 31, and his bodyguard, Anthony "Wolf" Jones, 34, are charged with gun possession and bribery. Combs's protégé Jamal Barrow is charged with attempted murder. Reasons for Allen's failure to take the stand in person were not explained in court. On Monday, Club New York patron Tavon Terrence Jones, 34, a photographer from Philadelphia, testified that "a gentleman put his arm up in the air and shot a pistol," reports PEOPLE. Jones said the shooter had braids and was a dark-skinned African American -- very different from Barrow, who is practically bald and has a light complexion. Because of snowy weather in New York, Tuesday's court session has been canceled, with the case expected to resume on Wednesday.