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No arrest yet for shooter of 11-year-old but related gun case heads to trial

Testimony is scheduled to begin Thursday in the trial of Detavion D. Magee, who faces weapons and assault charges for his alleged role in a gunfight that led to the near-fatal shooting of an 11-year-old.

Investigators do not believe that Magee, 22, fired the shot that struck 11-year-old Juan Rodriguez last June 29. Magee is charged with felony possession of a loaded weapon and felony assault. He was walking along Humason Avenue when someone in a passing car started shooting at him. Magee reportedly took cover behind a parked car and fired back.

Nearby, Juan's younger siblings were playing in their front yard. Juan heard the gunshots and ran to the front door of his house to get the younger children inside. As he was closing the door, a round fired from a rifle hit Juan in the head.

Brave Buffalo boy, shot in the head, has no home to return to

Magee also was shot and seriously injured that day.

Magee faces up to 15 years in prison if he is convicted. However, Assistant District Attorney Eugene Partridge has said that Magee was offered a plea deal in exchange for identifying the person who was shooting at him – the person prosecutors believe wound up shooting Juan Rodriguez.

If he knows who shot him, Magee has decided not to talk to investigators about it. He rejected the district attorney's plea offer.

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