UPDATE: Erie County District Attorney’s Office has confirmed Detavion Magee case will now be a non-jury trial. Trial is scheduled to open Thursday morning before judge Sheila A. DiTullio.
BUFFALO, N.Y. (WIVB) — Jury selection is underway in the case against Detavion Magee.
Police say Magee, 21, was in a gun fight that led to the shooting of an 11-year-old boy.
The shooting happened back in June on Humason Ave. in Buffalo. A stray bullet hit Juan Rodriguez in the head.
In January, Magee pleaded ‘not guilty’ to the charge of first-degree assault. He is also facing weapons charges.
Investigators say Magee was involved in the gun fight, but was not the one who shot the child.
If convicted, Magee faces 25 years in prison.