Erie County Family Court Judge James H. Dillon on Tuesday found a 12-year-old Gibson Street boy guilty of taking part in the Aug. 29 slaying of a Fillmore Avenue delicatessen clerk and will decide late next month where the boy should be sent, according to court and law sources.
The boy is the half brother of Randy White, 17, who faces trial with Francis E. Lermineau, also 17, as adults for murder in the Aug. 29 slaying of Ali Nagi during a holdup at the Friendly Delicatessen, 529 Fillmore.
Dillon, who conducted a three-day closed-door "trial" for the boy, declined to comment. Sources said the boy, if tried as an adult, would have been guilty of felony murder for taking part in the crime, but innocent of intentional murder because he was not the one who did the shooting.
Because the boy is younger than 13, he cannot be prosecuted as a murder suspect and only faces a maximum of five years in a state youth facility as a juvenile delinquent.
Sources said attorneys for White are trying to work out a pretrial plea deal for him because authorities think that the Lermineau youth did the shooting, based on videotape evidence from a store surveillance camera.