02/04/2026 | Press release | Distributed by Public on 02/04/2026 14:21
Erie County District Attorney Michael J. Keane announces that Kwincie McCullough, 19, of Buffalo, was arraigned this morning before State Supreme Court Justice Betty Calvo-Torres on an indictment charging him with one count of Murder in the Second Degree (Class A-I felony) and one count of Criminal Possession of a Weapon in the Second Degree (Class C violent felony).
It is alleged that on Saturday, November 22, 2025, at approximately 12:31 p.m., the defendant intentionally shot the victim with an illegal gun during an altercation on Bailey Avenue near Schreck Avenue in the City of Buffalo. The victim, 22-year-old Marshawn Small, was taken by ambulance to ECMC where he later died.
McCullough was held without bail. A return court date has not been scheduled at this time.
If convicted of the highest charge, McCullough faces a maximum sentence of 25 years to life in prison.
DA Keane commends the Buffalo Police Department for their work in this investigation.
The case is being prosecuted by Assistant District Attorney Christopher S. Safulko of the Homicide Bureau and Assistant District Attorney Kristen S. Fischer of the Felony Trials Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.