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Man arriagned for gunfight that put bullet in 11 year-old's head

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Posted at 12:19 PM, Dec 15, 2016
and last updated 2016-12-15 12:19:23-05

Detavion Magee was arraigned this morning on multiple charges, stemming from a gunfight that injured an 11 year-old boy on Humason Avenue.

21 year-old Magee pleaded not guilty to assault  in the first degree and criminal possession of a weapon.

Days before his 12th birthday, Juan Rodriguez was at his home on Humason Avenue when he heard gunshots outside. His mother said he was trying to save his sister when a stray bullet struck him in the head. Another man was also shot. 

Brian Parker, Magee's attorney, says he plans to maintain the not guilty plea throughout trial, saying his client was not the person to actually shoot Rodriguez.

Acting Erie County District Attorney Michael Flaherty said whether or not Magee fired the injuring shot, he's just as responsible for the crime because he was part of the allegedly gang-related gunfight on the street. "It doesn't matter. Under the law if we can prove you acted in concert with someone else, you acted with someone else...you're also responsible for actions for another person," said Flaherty. 

Flaherty says Magee was a 'willing participant' in the gunfight, so injuring Rodriguez was transferred intent. That means while not the child may not have been the intended target, he was injured and therefore he is still responsible for his actions. If convicted, he could face up to 25 years in prison.

The investigation is ongoing. There's no word yet on whether or not others involved will also be charged.