Skip to main content

Third Defendant Arraigned for Assault at Club Marcella

Erie County District Attorney John J. Flynn announces that 28-year-old James K. Pardo of Buffalo was arraigned this afternoon before Buffalo City Court Judge Andrew C. LoTempio on one count of Gang Assault in the First Degree (Class “B” violent felony). 

It is alleged that on Sunday, December 3, 2023, at approximately 2:30 a.m., the defendant was involved in a group assault of the victim while inside of a bathroom at Club Marcella, located on the 100 block of Michigan Avenue in the City of Buffalo. The male victim, who suffered a gunshot during the attack, was taken by ambulance to ECMC where he remains hospitalized with serious physical injuries. 

Pardo is scheduled to return on Monday, December 11, 2023 at 9:30 a.m. for a felony hearing. Lopez and Benitez are scheduled to return on Friday, December 8, 2023 at 9:30 a.m. for a felony hearing. All three defendants were held without bail. 

If convicted of the charge, the maximum sentence is 25 years in prison. 

DA Flynn commends the Buffalo Police Department for their work in this ongoing investigation. 

The case is being prosecuted by Chief Eugene T. Partridge, III of the Major Crimes Bureau. 

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.