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Saturday, July 26, 1997

Jury finds Dallas man guilty in shooting of 9-year-old

DALLAS (AP) - A Dallas man whose stray gunshot killed a 9-year-old boy eating ice cream on his great-grandmother's porch has been convicted of murder.

Jurors convicted Kevin D. McFail, 25, on Thursday after one hour of deliberation in the death of Cory Weems. They began considering punishment Friday. He faces up to life in prison.

"I feel like busting out in tunes," said Cory's mother, Michelle Weems, after the verdict. "I hope the neighborhood can rest and babies sleep better knowing he is off the streets."

Cory's death in May 1994 drew wide attention and provoked outrage from some minority leaders, including the Rev. Jesse Jackson, who visited the family.

McFail said he opened fire in response to shots fired at him in a traffic altercation. According to police, McFail got out of his car to confront several men who were following him and fired in their direction.

Cory was one of six children eating ice cream on the porch about 100 yards away.

"An innocent 9-year-old's life was taken because of (McFail's) direct actions," prosecutor Janet Ferguson said. "If anyone should be safe, it should be a child on his great-grandmother's porch eating ice cream."

McFail's attorney, Malcolm Dade, said his client was upset about the verdict because he believed he was acting in self-defense.

"He is real frustrated because he was told if he told the truth, it would be all right," Dade said. "If you have ever been spanked for doing something you didn't do, you know what I'm talking about." Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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