Buffalo Man Sentenced On Gun Charge In Shooting Of 11-Year-Old

Modified: July 18, 2017 10:36am

7/13/2017

Erie County District Attorney John J. Flynn announces that 22-year-old Detavion Magee of Buffalo was sentenced by Erie County Court Judge Sheila A. DiTullio to 10 years in prison. 

In June, Judge DiTullio found Magee guilty of Criminal Possession of a Weapon in the Second Degree for participating in a gunfight that resulted in the shooting of an 11-year-old boy. 

The verdict was rendered after a four day non-jury trial which occurred in May. 

On June 29, 2016 at 8 p.m., the defendant was walking on Humason Avenue in Buffalo with a loaded handgun when rival gang members pulled up in a vehicle and a gunfight ensued.  During the exchange of gunfire, a stray round struck 11-year-old Juan Rodriguez in the head as he was helping his younger siblings inside the family home to escape the shooting. 

Rodriguez, who is now 13, is still recovering from his injury. 

DA Flynn commends the Buffalo Police Homicide Squad, including Detectives Dan Redmond, Chris Sterlace and Tony Borrelli for their thorough investigative work. 

Assistant District Attorneys Eugene T. Partridge III and Justin T. Wallens prosecuted the case.