BUFFALO, N.Y. (WIVB) – A 22-year-old man who police say was the intended target of a gang-related shooting that left a young boy badly hurt will spend the next decade in prison.
Hon. Sheila DiTullio sentenced Detavion Magee to 10 years in prison Thursday morning after he was convicted in a non-jury trial on a felony charge of criminal possession of a weapon in June.
Prosecutors say Magee was involved in a fiery shootout with rival gang members in June 2016, and witnesses say they saw him fire several shots.
An innocent bystander, Juan Rodriguez, who was 11 years old at the time, was shot in the forehead. He spent his 12th birthday in the hospital. Magee was also shot.
Magee did not fire the shot that hit Rodriguez, and according to his attorney, Jeremy Schwartz, was unable to identify the shooter for authorities.
Magee was originally charged with assault and criminal possession of a weapon. He was only convicted on the gun charge, for carrying a loaded firearm without a permit.
That crime carries a sentencing range of between 3 1/2 to 15 years in prison.
The prosecution asked for the maximum sentence to send a message to gang members about this type of behavior.
Schwartz says Magee is not in a gang.
“There was no proof that he was a gang member,” Schwartz said. “There was some testimony that other individuals involved in the testimony were gang members. He was a shooting victim previously and was so again, but that doesn’t make everybody a gang member.”
“The judge did give him a sentence somewhat in the middle of the range and she did state that she wasn’t going to take that speculation into account into account so I do appreciate that,” he added.
Magee has been arrested twice before, but this is his first and only conviction.
Schwartz says he plans to file an appeal.