Erie County District Attorney Frank A. Sedita III announced that 22 year-old Avello Pena of 874 Richmond Avenue, Buffalo, has pleaded guilty, as charged, to Burglary in the Second Degree and Petit Larceny before Senior Erie County Court Judge Michael D’Amico. These are the highest charges for which the defendant could have been convicted had he gone to trial.

On June 17, 2013 at 5:30 am, Pena entered broke into a vehicle owned by Erie County Executive Poloncarz, which was parked at his residence. After stealing property from inside the car, including money and a baseball bat, Pena surreptitiously entered the County Executive’s residence with the intent to commit additional crimes. Mr. Poloncarz was awakened, thwarted the burglary, and alerted the police. Pena was arrested a short time later after a foot chase by, and physical struggle with, Buffalo Police Officer Nicholas Militello. Pena was thereafter questioned by DA Investigators Phillip Torre and Mark Vaughn.

No stranger to law enforcement, Pena was previously convicted of Felonious Assault in connection with shooting someone in the back. Because of this conviction, Pena is Second Violent Felony Offender and faces a minimum of five years and a maximum of fifteen years in state prison when he is sentenced on January 28, 2014 at 9:30am by Judge D’Amico. 

The case was successfully prosecuted by Assistant District Attorney Michael P. Felicetta, a member of DA Sedita’s Tactical Prosecution Unit. DA Sedita also commended the swift and successful response by officers of the Buffalo Police Department.