BUFFALO, N.Y. (WIVB)- Erie County Court Judge Shelia DiTullio announced Thursday afternoon Detavion Magee is not guilty of Assault.
The non-jury trial began May 11. Magee was facing the charge for his role in a June 2016 shooting on Humason Avenue that left 11-year-old Juan Rodriguez of Buffalo critically injured.
While Magee was not charged with shooting Rodriguez, the prosecution argued because he was involved in the alleged gang-related shooting, he was also responsible for the boy’s injuries.
Rodriguez celebrated his 12th birthday in the hospital, and continues to recover; he was shot in the head.
Magee was found guilty of Criminal Possession of a Weapon, which carries 3 1/2 to 15 years in prison.
Buffalo Police said Magee was likely the intended target of the drive-by shooting; he too was injured that day. Witnesses described Magee firing back at the shooters.
Rodriguez, who was an innocent bystander, testified in court during Magee’s trial.
Judge DiTullio noted his testimony was especially credible.
“As both parties acknowledged, the legal issues were complex. and the prosecution’s case unique. So unique in fact, it is the first time in this court, in over 20 years on the bench, has encountered it,” DiTullio said in court Thursday.
Magee’s attorney Jeremy Schwartz claims his client was not shooting that day.
“I’m obviously pleased that the judge acknowledged that my client was not the shooter of young Juan Rodriguez. I respect her verdict with respect to the gun count, but we respectfully disagree and we will be appealing that,” Schwartz said.
Magee was offered a deal if he identified Rodriguez’s shooter, which he did not.
Sentencing is scheduled for July.