BUFFALO, N.Y. (WIVB) – An accused Buffalo street gang member was arrested in Erie, PA, after a grand jury in Erie County, NY indicted him on weapons charges, linked to the shooting of an 11 year old boy, last summer.
Juan Rodriguez was shot once in the head, as he tried to protect his younger siblings from a shootout in front of their home on Humason Avenue on June 29. Rodriguez has endured several surgeries, and spent months in the hospital recuperating.
The community has rallied around Juan, who celebrated his 12th birthday in the hospital, and in previous interviews his family said he seems to be getting better by the day.
The suspect Detavion Magee, 21, was also wounded in the shootout on Humason, that is because Acting Erie County District Attorney Flaherty said, Magee was involved in the gun battle that led to Juan’s head wound. Ironically, investigators believe the bullet that struck Juan in the head was really meant for Magee.
“There were other civilians in the line of fire. It was horrible that the 11-year-old was struck. He has survived thus far, but still has a long row to hoe, as it were.”
After the shootout, Magee was treated and released from the hospital, and even though he was wanted on previous weapons charges, ended up in Erie, Pennsylvania–another city where Magee has been arrested on gun charges.
Flaherty said Magee was arrested after the indictment was unsealed, and extradited back to Buffalo. He pleaded not guilty in State Court Wednesday morning, “Fortunately no other innocent people were struck but it easily could have easily turned very, very ugly.”
Magee was indicted on a single count of Criminal Possession of a Weapon in the Second Degree, and is being held without bail. If convicted, Magee could face 15 years in prison.