Erie County District Attorney Michael J. Keane announces that Avello A. Pena, 34, of Tonawanda, was arraigned this morning before Erie County Court Judge James Bargnesi on an indictment charging him with two counts of Criminal Possession of a Weapon in the Second Degree (Class C violent felonies), one count of Criminal Possession of a Weapon in the Third Degree (Class D felony), one count of Menacing in the Second Degree and one count of Resisting Arrest (Class A misdemeanors).
A co-defendant, Ronnie Midgett, 39, of Buffalo, was also arraigned today before Judge Bargnesi on an indictment charging him with two counts of Criminal Possession of a Weapon in the Second Degree (Class C violent felonies) and one count of Criminal Possession of a Weapon in the Third Degree (Class D felony).
It is alleged that on the evening of Tuesday, June 17, 2025, the complainant reported that the driver of a vehicle waived a gun, which placed him in reasonable fear of harm. The alleged crime occurred in the parking lot outside of a grocery store on the 1200 block of Jefferson Avenue in the City of Buffalo. At approximately 6:45 p.m., Buffalo Police initiated a traffic stop of a vehicle on East Utica Street and Roehrer Avenue. Police allegedly recovered two loaded, illegal guns during a search of the vehicle. One of the weapons was allegedly equipped with an illegal extended magazine. It is further alleged that Pena, the operator of the vehicle, resisted while being placed under arrest.
Pena and Midgett are scheduled to return on Monday, September 15, 2025, at 9:30 a.m. for a pre-trial conference. At the request of our prosecutor, Judge Bargnesi remanded both defendants. A temporary order of protection, issued on behalf of the victim, remains in effect.
If convicted of the highest charge, the defendants face a maximum sentence of 15 years in prison.
DA Keane commends the Buffalo Police Department for their work in this ongoing investigation.
The case is being prosecuted by Chief Danielle N. D’Abate 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.