Orchard Park, N.Y. (WBEN) - A former Erie County Sheriff's jail deputy was arraigned Thursday evening in the Town of Orchard Park Court after he recklessly drove through a barrier during a Buffalo Bills game at Highmark Stadium.
47-year-old John Gugino from the Town of Hamburg is facing one count of Reckless Endangerment in the Second Degree and one count of Assault in the Third Degree (Class "A" misdemeanors), and was also charged with two Vehicle and Traffic Law violations for Failure to Obey Police Officer and Failure to Obey Traffic Control Device.
It is alleged that on Sunday, Oct. 1 at approximately 3:36 p.m. ET, Gugino, while driving a vehicle, knowingly and unlawfully disobeyed the commands of an Erie County Sheriff's deputy and posted road closure signs near Highmark Stadium.
The defendant is accused of recklessly engaging in conduct that created a substantial risk of serious physical injury to another person by driving his vehicle through a barricade onto a closed portion of Abbott Road, which was blocked off due to the Bills game at the stadium. He is also accused of causing injuries to the deputy who fell while attempting to stop the defendant's vehicle.
The victim was treated for minor injuries to his right arm and shoulder.
If convicted of the charge, Gugino faces a maximum sentence of one year in jail.
This isn't the first alleged incident involving Gugino at an event at Highmark Stadium in the past 14-plus months.
It is alleged that on July 23, 2022 at approximately 9:11 p.m. ET, Gugino 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. It Is further alleged that defendant scratched the right forearm of one deputy and made multiple threatening statements toward another member of the Erie County Sheriff's Office during the incident.
Gugino's pending criminal case in Orchard Park Town Court that was scheduled for a bench trial was adjourned due to his arraignment on the new case. He was charged with one count of Criminal Trespass in the Third Degree (Class "B" misdemeanor) and two counts of Harassment in the Second Degree (violations) for that incident last July.
The Erie County District Attorney's Office conducted an investigation following an allegation of misconduct by members of the County Sheriff's Office during the alleged incident involving the defendant. Our office found no evidence of any misconduct by law enforcement.
Gugino is scheduled to return to court on Thursday, Dec. 21 at 5 p.m. ET for further proceedings on both files.
He continues to be released on his own recognizance, as the charges are non-qualifying offenses for bail.
