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Teen's manslaughter hearing delayed

Friday, May 4, 2012 10:27 AM
Last updated 10:58 PM
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The case against a Harlem teen accused of fatally shooting his 13-year-old friend was delayed Friday because his attorney was injured in a car wreck.

Zachary Provance, 14, was scheduled to appear in Co­lum­bia County Juvenile Court over the death of Elea­nor Grace “Elle” Kelly, 13.

Attorney Michael Spence was rear-ended while going to the Region­al Youth Detention Center on Thurs­day to meet with Pro­vance, Juve­nile Court Judge Douglas Flana­gan said.

Spence never met with Provance and could not attend the hearing because he is wearing a neck brace and on pain medication, Flanagan said.

Provance is charged with involuntary manslaughter, reckless conduct and possession of a firearm by a person younger than 18 in the March 29 shooting. He’ll face those charges at 9:30 a.m. May 11.

Provance, Kelly and two other teens were in Pro­vance’s Kenner Street home preparing for a Harlem Middle School dance when he decided to show off his father’s .38-caliber pistol, investigators said during an April 4 detention hearing. As Provance tried to uncock the gun, it fired and hit Kelly in the face. The bullet lodged in her brain, and she died the next day.

Police searching the home say they found marijuana plants in a closet and guns. Provance’s father, Rich­ard Wayne Provance, was charged with manufacture and possession of drugs and with possession of a gun during the commission of a crime. He was released April 4 after posting $30,200 bond, according to jailers.

Provance, 54, lost custody of his son at the April 4 hearing. The teen will stay at the RYDC until a mental evaluation is completed. Flan­agan then will decide whether to release him to a “fit and willing” relative or into the custody of the Department of Chil­dren and Family Services.


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