Modified: December 20, 2016 2:42pm
Acting Erie County District Michael J. Flaherty, Jr. announces that 21-year-old Detavion Magee of Buffalo has been arraigned before Erie County Court Judge Sheila A. DiTullio on an indictment charging him with Assault in the First Degree related to the shooting of an 11-year-old boy in Buffalo.
In November, Magee was indicted on a charge of Criminal Possession of a Weapon in the Second Degree.
On June 29, 2016 at 8 p.m., it is alleged that 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 12, is still recovering from his injury.
Magee pleaded not guilty and was remanded to jail without bail.
He faces a maximum of 25 years in prison, if convicted of the charges.
“We have seen far too often innocent victims hurt by the criminal acts of men using unlawful weapons to settle scores. In this instance, an 11-year-old boy suffered grievous injury,” says acting DA Flaherty. “This indictment accused the defendant of sharing the same intent to cause serious physical injury as the others who participated in the shootout. The members of the Buffalo Police Department will continue their investigation with the goal of bringing all of them to justice.”
Acting DA Flaherty commends the Buffalo Police Homicide Squad, including Detectives Dan Redmond, Chris Sterlace and Tony Borrelli for their thorough investigative work.
Chief Trial Counsel Christopher J. Belling and Assistant District Attorney Eugene T. Partridge III, in DA Flaherty’s Tactical Prosecution Unit, are prosecuting the case.
As are all persons accused of a crime, the defendant is innocent until proven guilty in a court of law.