Erie County District Attorney John J. Flynn announces that 46-year-old John A. Gugino of Town of Hamburg was arraigned yesterday evening before Acting Orchard Park Town Court Justice Dean Puleo on one count of Criminal Trespass in the Third Degree (Class “B” misdemeanor) and two counts of Harassment in the Second Degree (violations).

It is alleged that on July 23, 2022, at approximately 9:11 p.m., the defendant refused to leave a concert at Highmark Stadium after being ejected for a violation of the establishment’s fan conduct policy regarding profanity. The defendant allegedly refused to comply with orders and struggled with deputies while being escorted out of the stadium. The defendant allegedly scratched the right forearm of one deputy during the incident. It is further alleged that the defendant made multiple threatening statements toward another member of the Erie County Sheriff’s Office.

The defendant was released on an appearance ticket as the charges are non-qualifying offenses for bail.

The Erie County District Attorney’s Office conducted an investigation into the incident following an allegation of misconduct by members of the County Sheriff’s Office. At this time, our office has found no evidence of any misconduct by law enforcement.

Gugino is scheduled to return on Thursday, October 6, 2022 at 5:30 p.m. for further proceedings. He was released on his own recognizance. Justice Puleo issued temporary no-contact orders of protection on behalf of both victims.

If convicted of the highest charge, Gugino faces a maximum sentence of 90 days in jail.

The case is being prosecuted by Assistant District Attorney Daniel J. Morris of the Justice Courts Bureau.

Due to the pending criminal charges, the Erie County DA’s Office sent a letter to Hamburg Town Court to request that the defendant be re-sentenced on a misdemeanor drug conviction. On July 21, 2022, Gugino appeared before Hamburg Town Court Justice Gerald P. Gorman who sentenced the defendant to a one-year conditional discharge. As part of the sentence, Gugino was ordered to perform 50 hours of community service and pay a $205 fine.

On October 17, 2020, at approximately 10:30 p.m., the defendant was the subject of a search warrant when he was stopped by Erie County Sheriff’s Office deputy while driving on Milestrip Road in the Town of Hamburg. A small quantity of cocaine was found during a search of the defendant’s vehicle.

Gugino was initially charged with a felony for possession of cocaine, but further testing determined that the weight of the cocaine was a misdemeanor level. He pleaded guilty to one count of Criminal Possession of a Controlled Substance in the Seventh Degree (Class “A” misdemeanor) on May 10, 2022. He pleaded guilty to the highest sustainable charge on the morning his non-jury trial was scheduled to begin.

The defendant, who was off-duty at the time of his arrest, was employed as a jail deputy with the Erie County Sheriff’s Office at the time of the crime. He was terminated from his position in June 10, 2022.

Gugino is scheduled to appear in Hamburg Town Court on Thursday, August 18, 2022 at 9:30 a.m.

The case was prosecuted by Assistant District Attorney Frank A. Strano of the Narcotics/Intelligence Unit.

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