The Daily Gazette - Schenectady, NY
Daily Gazette

Guilty verdict in Schenectady killing
Witnesses overcome fears and testify
Saturday, May 17, 2008

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— Omari Lee was found guilty Friday of second-degree murder in the slaying of former Schenectady High School basketball player Xavier McDaniel.

It was a verdict, officials said, that was fueled by witnesses who finally told the truth, overcoming fears of retribution from the man who killed McDaniel under the slightest of pretexts.

“I’m really proud of them for overcoming their fears,” said McDaniel’s father, Xavier Sr., who has become an activist since his son’s death. “That’s what needs to happen in this community.”

Lee, 27, faces up to 25 years to life in state prison on the murder conviction when he is sentenced on July 2.

Prosecutors, however, intend to ask for more, citing gun convictions that can be tacked on for a total sentence of 40 years to life or more.

Lee was found to have shot McDaniel fatally on April 3, 2007, at Jerry Burrell Park. The motive, authorities said, was that he believed McDaniel had stolen crack cocaine, cash and a gun. Authorities have said that was a false belief.

The Schenectady County Court jury reached its verdict Friday morning after less than four hours of deliberation, including about an hour of read-backs.

Lee gave no sign of emotion when the verdict was read, sitting stoically as he had through much of the trial.

Philip Mueller, who prosecuted the case for the District Attorney’s Office, said Lee conducted a reign of terror in the Hamilton Hill neighborhood. That’s what led witnesses to stay quiet until confronted later.

Defense attorney Mark Sacco seized on that at trial. Stories changed, sometimes markedly, he told the jury.

Their latest stories couldn’t be trusted, he said. Sacco could not be reached for comment Friday.

But, Mueller said, the question that should be asked is why they gave their first account. They told the stories out of fear: Lee had just killed a man on the pretext that he’d robbed Lee when McDaniel had not robbed him.

“They were holding back part of the truth about Omari Lee because they were afraid,” Mueller said.

Xavier McDaniel Sr. said the verdict has taken a burden off the family. He also repeated previous comments that he had already forgiven Lee. “Another young man’s life is gone,” he said.

Xavier Sr. has made it his mission to get more people to speak out. He has even held events toward that goal.

The verdict, he said, should be a lesson in courage.

“You have to stand up despite your fears,” he said. “That’s courage."



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