BUFFALO, N.Y. -- The suspect charged in connection to the shooting of an 11-year-old bystander over the summer faced State Supreme Court Justice Penny M. Wolfgang during his arraignment Wednesday, says the Erie County District Attorney's Office.
Detavion Magee, 21, of Buffalo was allegedly walking down Humason Ave., near Genesee Street along the Buffalo-Cheektowaga boarder, with a loaded handgun June 29 when rival gang members pulled up in a vehicle.
A fight followed. While shots were being fired during the confrontation, a stray one hit 11-year-old Juan Rodriguez in the head as he was trying to usher his younger siblings to safety inside their home.
Rodriguez and another victim of the shooting, a 20-year-old, were transported to Erie County Medical Center with life-threatening injuries.
Rodriguez is now 12 and he is still recovering from the gunshot wound.
Wednesday, Magee was arraigned on an indictment charging him with second-degree Criminal Possession of a Weapon. He pleaded not guilty and was sent to jail without bail.
If convicted, Magee faces up to 15 years in prison.
Buffalo mayor Byron Brown released the following statement regarding the arraignment and the judge's no-bail decision:
Judge Wolfgang's no-bail decision sends a strong message when it comes to keeping dangerous individuals off the streets. Serious weapons charges involving innocent victims should have serious consequences. With that, we commend Judge Wolfgang's decision, which reflects what reasonable people believe -- that gang members carrying illegal guns belong behind bars and should not be released back on our streets.