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Two sentenced in gun incident at Jefferson Avenue Tops

BPD responded to people brandishing guns in Tops parking lot in June

Buffalo, NY (WBEN) Sentencings in a gun incident outside the Tops on Jefferson last year.

35 year old Avello Pena was sentenced to 12 years in prison as a second violent felony offender for his role in brandishing a gun in the parking lot of the store June 17th. A short time later, at approximately 6:45 p.m., Buffalo Police initiated a traffic stop of a vehicle on East Utica Street and Roehrer Avenue. Police recovered two loaded, illegal guns during a search of the vehicle. One of the weapons was equipped with an illegal extended magazine. Pena, the operator of the vehicle, resisted while being placed under arrest.


Pena pleaded guilty to criminal possession of a weapon, menacing and resisting arrest.

Co-defendant 39 year old Ronnie Midgett pleaded guilty to attempted criminal possession of a weapon and was sentenced to three years of probation.

BPD responded to people brandishing guns in Tops parking lot in June