Buffalo, N.Y. (WBEN) - Two men have been indicted in connection with a gun waving incident at the Tops Friendly Market parking lot on Jefferson Avenue earlier this year.
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According to the Erie County District Attorney's Office, on the evening of Tuesday, June 17, an individual reported to police the driver of a vehicle, identified as 34-year-old Avello A. Pena of Tonawanda, having allegedly waiving a gun at them, which placed him in reasonable fear of harm.
At approximately 6:45 p.m., Buffalo Police initiated a traffic stop of a vehicle on East Utica Street and Roehrer Avenue. Police allegedly recovered two loaded, illegal guns during a search of the vehicle. One of the weapons was allegedly equipped with an illegal extended magazine.
It is further alleged that Pena resisted while being placed under arrest.
39-year-old Ronnie Midgett of Buffalo was also arraigned on Wednesday on an indictment charging him with two counts of Criminal Possession of a Weapon in the Second Degree (Class "C" violent felonies) and one count of Criminal Possession of a Weapon in the Third Degree (Class "D" felony).
Pena and Midgett are both scheduled to return on Sept. 15.
A judge remanded both defendants. If convicted of the highest charge, the defendants face a maximum sentence of 15 years in prison.
A temporary order of protection, issued on behalf of the victim, remains in effect.
The incident took place at the same Tops in Buffalo that was the scene of the racially motivated mass shooting on May 14, 2022 that killed 10 Black people and wounded three others.
Buffalo Common Council members Zeneta Everhart and Leah Halton-Pope released the following statements on the incident:
Everhart: "Earlier this summer, two individuals reopened deep wounds in our community by allegedly bringing an illegal firearm into the Tops Market on Jefferson Avenue and then threatening an individual just outside of the store. As a mother who was personally and deeply affected by the May 14 terrorist attack, I know firsthand the shock and pain of seeing a violent confrontation unfold at the site of the worst mass shooting in our city’s history.
"Thankfully, this morning, the two individuals allegedly responsible for this incident were indicted on felony charges – an important step for accountability, justice, and public safety. I hope concerned residents can breathe a little easier knowing these individuals are no longer a danger to the community. Additionally, after having extensive conversations with law enforcement, I’ve been assured that the Buffalo Police Department will do better to promptly inform the public of frightening incidents like these, especially when they occur at extremely sensitive sites like the Jefferson Avenue Tops Market."
Halton-Pope: "Earlier this morning, two individuals were indicted on several felony criminal charges related to the June 17 incident at the Tops Market on Jefferson Avenue. These men are accused of passing a firearm inside the grocery store, and one later allegedly threatened an individual just outside of the market – the site of the worst mass shooting in our city’s history. These reckless actions terrified and retraumatized many of those in our community who are still reeling from May 14, but I’m hopeful that the indictment and remand of these individuals bring a sense of relief and safety to those who are still processing the horrific mass shooting. I will continue to use my voice to push for more transparency – so that the public is immediately made aware of troubling incidents at sensitive locations – and to fight for justice and public safety for all our residents."