Second teen will be tried in girl's shooting

Hennepin County Attorney Mike Freeman said Thursday he will proceed with prosecution of a second teenager in the shooting of a 12-year-old girl last fall, despite the acquittal Wednesday of another teen in the highly publicized case.

After Wednesday's jury verdict in the case against Semaj Marquise Magee, Vernice Hall's father, Steven, was emotionally drained but tried to sound hopeful that Freeman's office can convict second suspect Tywin Marcell Bender, accused of attempted first-degree murder.

"If the evidence couldn't convince me, it couldn't convince the jury that this [Magee] was the guy who shot my daughter," Hall said. "I turn it over to God."

"They built me up that they had the evidence [against McGee] but it wasn't much. But we still have Bender."

Freeman commented a day after his office failed to get a single conviction in 18 counts against 17-year-old Magee, of Minneapolis. The felony charges ranged from attempted murder to assault and aiding and abetting a drive-by shooting.

"I can't say what difference this verdict will have on the upcoming case," Freeman said. "We will put on the best case with the available admissible evidence. ... I'm outraged by this senseless shooting."

Vernice, now 13, was shot in the head after a party outside her family's north Minneapolis home last Sept. 22. She suffered massive brain damage from the alleged gang-related shooting that's left her in a wheelchair, unable to walk or talk.

"I'll have to deal with the verdict," Steven Hall said Wednesday. "We just have to continue to focus on our child."

After spending eight months and his 17th birthday in jail, Magee walked out within an hour after his acquittal. The jury only took four hours to find him not guilty.

As the verdicts were read, Magee's lawyer, Calandra Harris, recalled his reaction: "I looked over and could see the tears on the table."

The acquittal is the latest in a string of tough losses for Freeman's office. Last summer, 14-year-old Charez Jones, another bystander, was fatally shot outside a north Minneapolis party. Two people were charged, but both are now free.

A frustrated Freeman said Thursday that several factors in Magee's trial came into play, including witnesses changing stories on the stand, which he said was likely due to being intimidated and fearful.

"This was a difficult case," Freeman said. "Will we continue to aggressively prosecute gang shooting cases? Absolutely."

The same witnesses in Magee's case will likely be called during Bender's trial, scheduled to begin early next month. Freeman said his office will review what the witnesses told police.

Magee, who was never in jail before, was certified to stand trial as an adult. He plans to move out of state, finish high school and go to college.

"He's thinking about becoming a lawyer," Harris said.

Harris maintained her client's innocence as prosecutors argued Magee and Bender participated in a retaliatory shooting in a feud between the Stick Up Boys and the Taliban gangs. Harris said Magee was not a gang member and did not have a criminal record.

Police said Magee and Bender jumped out of a black SUV near the party in the 1800 block of Oliver Avenue N. in Minneapolis last Sept. 22.

Vernice was not the intended target.

The day after the shooting, a witness on a city bus told police he heard Magee and Bender brag about shooting into a crowd at the party.

But Harris raised doubts about those assertions. She noted the woman on the bus merely said Magee "favored" the young man who claimed credit for the shooting.

She said, "Some people say I favor Oprah Winfrey. The next question is 'How?' "

Harris also presented two witnesses who said they were in a nearby park with Harris at the time of the shooting. Shakia Martin, 15, said she and her friend, Reanna Ficken, met Magee online and they met at the park that night.

Harris also called one of Hall's siblings, Laticia Smith. Harris presented a memo written by Assistant Hennepin County Attorney Susan Crumb, the lead prosecutor. In the memo, Harris noted Crumb wrote that Smith told them she saw muzzle fire and someone else shooting into the crowd.

Smith denied it on the stand.

"I think throughout the case, the jury saw they just didn't have any evidence against my client," Harris said.

Hall said he, too had a hard time believing Magee was the shooter.

And he fears what the outcome of the Bender trial may be.

tcollins@startribune.com•612-673-1790 raolson@startribune.com • 612-673-1747