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Man, 21, found guilty of lesser murder charge
By WILLIAM R. LEVESQUE
© St. Petersburg Times, published February 11, 2000
LARGO -- Rodney Stafford took the stand in his first-degree murder trial Thursday and swore that what prosecutors called a "fairy tale" was the unblemished truth.
He fired seven shots from a 9mm handgun to frighten, not to kill.
After more than two hours of deliberations, a jury decided the October 1998 shooting death of Eric Gaye, a junior at St. Petersburg High School, wasn't a premeditated act. They found 21-year-old Stafford guilty of second-degree murder.
Circuit Judge Dee Anna Farnell will sentence Stafford on March 29. He faces 27 years to life in prison.
Gaye, a 17-year-old father-to-be, was shot to death at about 2 a.m. as he waited for food at a takeout window outside Red's Snak Shak on 16th Street S in St. Petersburg.
He wasn't even the intended target of Stafford's bullets, prosecutors said.
Stafford, a former Dixie Hollins High School student from Kenneth City, had gotten into an argument with another teen outside the fast-food restaurant.
Stafford testified that he got his gun and returned to the restaurant, intent on putting a scare into Sharrod Devell Holmes, then 19, with whom he had argued.
As Gaye arrived to order fried gizzards and onion rings, Stafford drove by, extended a gun out the car window and fired seven shots into a crowd of about 10 people.
Although Stafford testified he intended to shoot into the ground to frighten Holmes, two shots hit Gaye, who died a short time later of massive internal hemorrhaging. He was two months shy of his 18th birthday.
A 19-year-old St. Petersburg woman also suffered a minor foot injury. Holmes was not hit.
On Thursday, after Stafford apologized to Gaye's family from the witness stand, prosecutor Bill Loughery told jurors, "He's a day late and a dollar short."
"It's so stupid, it's so silly, it's such a tragedy," Loughery said. "He wouldn't go fight the guy. He'd rather go shoot him out of a car."
Jurors also found Stafford guilty of two counts of attempted second-degree murder -- one charge for the shot that hit the woman and the other for the shot toward Holmes.
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