BUFFALO, N.Y. - It was almost one year ago when Juan Rodriguez was shot in the head. He was the victim of crossfire when street gang members were shooting on Humason Avenue.
Only one person was charged with assault and criminal possession of a weapon. 22-year-old Detavion Magee sat through a four-day non-jury trial as 14 witnesses testified. Erie County Court Judge Sheila DiTullio found him not guilty of assault in connection with the shooting of the child and guilty of criminal possession of a weapon.
The child, now 12-years-old, has extensive lifelong injuries. He was trying to get his siblings in the house when the shooting was taking place.
The judge called the case complex.
"The court finds the testimony of Juan Rodriguez and his sister, credible and compelling," DiTullio said and added, "we still do not know who shot 11-year old Juan Rodriguez, but we do know it was not this defendant. The trial evidence showed many people from street gangs shot a lot of bullets that day, but again the evidence presented does not answer the critical question, who shot Juan?"
Magee's attorney admits his client was out there as bullets were flying. He plans to appeal the guilty verdict for the weapons charge.
Magee faces up to 15-years in prison when he's sentenced in July.