THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, August 3, 1995 TAG: 9508030515
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: NEWPORT NEWS LENGTH: Short : 47 lines
Two teenagers acquitted of the aggravated malicious wounding of a 5-year-old boy who was paralyzed by a gunshot wound to the neck apologized Wednesday to the child and his family.
``Even though I was there and was involved in this, it was not me who did this,'' David Hitchcock told the jury, which convicted him and co-defendant Kevin Canady on three lesser charges.
``I'm sorry,'' Canady told the jury. ``I never meant for anything like this to happen.''
Despite the apologies, the jury of seven women and five men recommended the maximum sentence of 23 years in prison for each defendant on convictions of using a firearm, shooting into an occupied dwelling and shooting from a motor vehicle. Circuit Judge Robert Curran set sentencing for Oct. 27.
If Hitchcock and Canady, both 19, had been convicted on the malicious wounding charge, they could have faced up to life in prison.
Andre Grady, now 6, was riding his bicycle outside his grandmother's home on Aug. 18, 1994, when he was caught in an exchange of gunfire apparently prompted by a dispute between the defendants and the boy's uncle.
Deputy Commonwealth's Attorney Jennifer Sternick argued that Hitchcock and Canady were responsible for what happened to the boy because they started the gun battle.
But attorneys for the defendants said the shots came from several sources in the crime-ridden East End neighborhood and that their clients were under attack.
``I think he got caught in the middle of something he didn't know he was going to get caught in,'' attorney Ron Smith said of Canady, his client.
The jury spent almost six hours over two days deliberating its verdicts.
Andre attended some of the trial, but he was not called to testify and was not in court when the verdicts were reached.
His mother, LaTanya Grady, testified Monday that her once-active son is now restricted to coloring pictures and writing. He has limited movement of his right arm and hand and no feeling below his chest.
KEYWORDS: VERDICT SHOOTING by CNB