Marvin "Kenny" Barber was convicted late Tuesday of second-degree murder and other charges after his second trial in connection with the slaying of a suspected Buffalo drug dealer four years ago.
After a six-day trial before State Supreme Court Justice Ronald H. Tills, a jury began deliberations at about 3:30 p.m. Tuesday. At 10:20, it returned with a verdict of guilty of second-degree murder and second- and third-degree criminal possession of a weapon in the death of Calvin R. Crippen. Deputy District Attorney Lawrence M. Schwegler and Assistant District Attorney Frank T. Housh said the jury acquitted Barber of second-degree conspiracy.
Barber has been jailed since his arrest two days after the April 12, 1996, shooting of Crippen, 35, in the Hazelwood Avenue day care center operated by Barber's sister and her fiance. Schwegler said sentencing was set for Nov. 13 before Tills. Barber faces the same 25-years-to-life term Tills imposed in September 1997.
Last March, a state appellate court granted Barber a retrial, citing procedural errors at his August 1997 trial.
Barber, 40, who did not testify during the 1997 trial, spent hours on the stand Monday and Tuesday, insisting he had to shoot the already-wounded Crippen in the back of the head because Crippen was still reaching for the handgun he had pulled on him in the day care center's kitchen.