Acting Erie County District Michael J. Flaherty, Jr. announces that 21-year-old Detavion Magee of Buffalo has been arraigned before State Supreme Court Justice Penny M. Wolfgang on an indictment charging him with Criminal Possession of a Weapon in the Second Degree. 

On June 29, 2016 at 8 p.m., it is alleged that the defendant was walking on Humason Avenue in Buffalo with a loaded handgun when rival gang members pulled up in a vehicle and a gunfight ensued.  During the exchange of gunfire, a stray round struck 11-year-old Juan Rodriguez in the head as he was helping his younger siblings inside the family home to escape the shooting. 

Rodriguez, who is now 12, is still recovering from his injury. 

Magee pleaded not guilty and was remanded to jail without bail. 

He faces a maximum of 15 years in prison, if convicted of the charges. 

Acting DA Flaherty commends the Buffalo Police Homicide Squad, including Detectives Dan Redmond, Chris Sterlace and Tony Borrelli for their thorough investigative work. 

Assistant District Attorney Eugene T. Partridge III is prosecuting the case. 

As are all persons accused of a crime, the defendant is innocent until proven guilty in a court of law.