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Verdict for Kincannon is not guilty

Former McKinley High School basketball player Jayvonna M. Kincannon, the focus of a controversial suspension case as a senior in 2007-08, was found not guilty Tuesday on charges stemming from a scuffle with Buffalo police at Olympic and Alma avenues last July 29.

However, her grandmother, Marsha Jones, 55, of Wade Avenue, and her aunt, Darlene Fitzgerald, 40, of Kensington Avenue, were both found guilty of resisting arrest and could face jail time.

The jury verdict was reached after about four hours of deliberations on the seventh day of the trial before City Judge Debra L. Givens.

Fitzgerald also was found guilty of obstructing governmental administration and harassment, for fighting with Officer Kimberly L. Beaty after she was arrested.

Because of a late-afternoon medical emergency involving Jones, all three defendants waived their presence for the verdict.

Jones and Fitzgerald, who will be sentenced Sept. 27, could be jailed for up to a year, be granted a conditional discharge or be placed on probation for up to three years for each conviction, court officials said.

Kincannon, who turns 20 this week, is currently a student at Genesee Community College.

Michael T. Dwan, attorney for Fitzgerald, and David S. Sarkovics, representing Jones, said they will discuss possible appeals.

Public defender Kenneth L. Goldberg, who represents Kincannon, said of her acquittal, "That's what I've been saying all along."

The jury learned that Jones, Fitzgerald and Kincannon had been summoned by Kincannon's mother because of repeated harassment of Kincannon's 16-year-old sister.

Last week, Beaty testified that Jones punched her and that Fitzgerald jumped on her back briefly as she arrested Jones after they refused police orders to disperse after a street dispute.

When the trial began June 15, Diana Ellington, a Buffalo bank official, told the jury she called police when about 100 people, including a person holding a machete and another with a baseball bat, blocked the intersection as she drove down Olympic at about 5 p.m. on the day of the incident.

Friday, Givens dismissed charges of disorderly conduct against all three defendants, and Monday, prosecutors withdrew an obstruction charge against Jones.


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