Calvin "40 Cal" McKoy was convicted Thursday of gunning down two innocent teenagers when he fired an automatic weapon into a crowd outside an East Side convenience store during a territorial dispute with a Buffalo drug gang.
McKoy, 23, lowered his head as he was found guilty in the murders of Devonte Murray, 15, and Alen Stepney, 16. They were slain about 9 p.m. Sept. 7, 2007 outside the TradeFair food mart at East Delavan and Courtland avenues.
McKoy, of Loring Avenue, was convicted of two counts of second-degree murder and two weapons counts. A jury of eight men and four women deliberated a little over two hours after a two-week trial before State Supreme Court Justice Russell P. Buscaglia.
Moments after the verdict, Dolores Carthon, Devonte Murray's mother, said she felt that "justice was served but there is no justice for Devonte and Alen." Mary Allen, grandmother of Alen Stepney, concurred but asked, "Where are all these guns coming from?" Trial prosecutors James F. Bargnesi and Garrett Grieser said they will urge Erie County District Attorney Frank J. Clark to recommend the judge impose the maximum 50-year-to-life term when McKoy is sentenced on Dec. 17.
McKoy did not testify.
On Oct. 22 Buscaglia is scheduled to sentence Johnny Ray McDuffie, 19, of Inter Park Avenue, on his guilty plea of last Dec. 19 to a reduced charge of first-degree manslaughter as the driver of the getaway car that took McKoy and two other gunmen he refuses to identify from the scene of the shooting.
McKoy was charged with the murders four days after the incident as he threatened a Rickert Street woman who told police she saw McKoy and McDuffie cleaning the high-powered AR15 automatic rifle McKoy used in the killings. The woman and her young son were moved out of state for their safety last year. The prosecutors said an investigation continues for the other gunmen in the double murder.
McKoy was charged after his grandparents called police to report finding the murder weapon and another rife in a shed behind their Rickert Avenue home.
Last Friday, McDuffie, a former McKinley High School star running back, identified McKoy as the gunman who killed both boys.
McDuffie, who faces a 15-year prison term, told the jury that as he sped away with McKoy and the two other gunmen, McKoy said, "I think I hit someone."
Daniel J. DuBois, McKoy's attorney, said the conviction will be appealed and he openly accused McDuffie of being "a football player by day and a drug dealer-killer at night." DuBois also described McDuffie and the three jailhouse informants who testified against McKoy last week as "rats on a sinking ship" trying to help themselves.
During the trial, testimony revealed that McKoy fired at least 60 rounds from his automatic weapon. In Bargnesi's closing argument, he said the deaths of the two innocent boys was part of the "scary and sad reality of the streets" controlled by violent drug gangsters like McKoy, in a "world where drugs and money and guns are king."