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DA to decide whether to charge teens in McKelvin case

Published:September 17, 2009, 12:34 PM

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Updated: August 21, 2010, 2:01 AM

Leodis McKelvin has said he might not want to press charges against the two teens accused of vandalizing his lawn, but it might not be his decision to make.

Erie County District Attorney Frank A. Sedita III today told The Buffalo News he may order criminal charges against the two 16-year-old boys who had admitted spray-painting the Bills cornerback's lawn following the team's loss on Monday Night Football.

Sedita said "the process of gathering all the evidence" was still under way this afternoon so it would be premature for him to definitively say the boys will face crimimnal prosecutions.

The youths admitted to Hamburg police Wednesday that they had spray-painted messages of frustration on McKelvin's front lawn after the Bills lost by a point to the New England Patriots.

Police had said that it would be up to McKelvin to decide whether to press charges. McKelvin said during a Wednesday news conference that he was upset by the incident but does not “want anyone to get arrested.”

Police Lt. Kevin A. Trask said Wednesday that the two teens told police that they vandalized the lawn at about 2 a. m. Tuesday. Trask said police received an anonymous tip implicating one of the suspects, who subsequently implicated his friend.

The messages scrawled on the lawn outside McKelvin’s brick home in the Briercliff Estates subdivision off Amsdell Road included the statement “learn 2 take a knee,” as well as the score—25-24—and a graphic depiction of the male anatomy.

McKelvin, 24, the Bills’ first-round draft pick in 2008, fumbled a kickoff return with about 2 minutes to go in Monday’s game, with Buffalo holding a 24-19 lead. The fumble led to New England’s winning score on its next series.

McKelvin said the incident at his house was “scary to a point” because football players’ families live in their houses.

He said players fear a lack of security when people know where they live, especially since Washington Redskins free safety Sean Taylor was killed in his Miami home in 2007.

“Every guy in the NFL thinks about it,” McKelvin said.

He said his immediate reaction upon finding the graffiti on his lawn was tempered anger.

“Something like that you don’t expect to see anywhere but on TV, on ‘Varsity Blues’ or something like that,” McKelvin said. “Me, personally, I was mad. I was angry in a way, but I was laughing in a way because of what they put on there.

“It was just . . . there’s no way that it’s ever appropriate.”

Trask said the case could be pursued in criminal or civil court or dropped, depending on how McKelvin wants to proceed. The lieutenant said he believes that the youths are sorry for what they did.

“From what I understand,” Trask said, “it wasn’t well thought out.”

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