Erie County District Attorney Frank A. Sedita III announced that 22 year old Avello Pena of 874 Richmond Avenue, Buffalo, has been indicted by an Erie County Grand Jury with Burglary in the Second Degree and Petit Larceny for allegedly burglarizing the Delaware Avenue home of Erie County Executive Mark Poloncarz.

It is alleged that on June 17, 2013 at 5:30 am, Pena entered the victim’s parked vehicle and stole a number of items, including money and a baseball bat. It is also alleged that Pena, armed with the baseball bat, 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 the police.

If convicted and sentenced as a second violent felony offender, Pena faces a prison term of 7-15 years.  The case is being prosecuted by Assistant District Attorney Michael P. Felicetta, a member of DA Sedita’s recently formed Tactical Prosecution Unit. DA Sedita also commended the swift and successful response by officers of the Buffalo Police Department. 

An arraignment on the indictment has been scheduled for July 8, 2013 before County Court Judge Michael D’Amico. Like all defendants charged with a crime, Pena is legally presumed to be innocent until his guilt is proven in a court of law.