Defendant Sentenced for Menacing Victim with Illegal Gun Outside Jefferson Avenue Grocery Store

Erie County District Attorney Michael J. Keane announces that Avello A. Pena, 35, of Tonawanda, was sentenced this morning before Erie County Court Judge James Bargnesi. He received a determinate sentence of 12 years in prison followed by 5 years of post-release supervision. Pena was sentenced as a second violent felony offender.

On the evening of Tuesday, June 17, 2025, the complainant reported that the driver of a vehicle waived a gun, which placed him in reasonable fear of harm. The crime occurred in the parking lot outside of a grocery store on the 1200 block of Jefferson Avenue in the City of Buffalo. 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.

In February 2026, Pena pleaded guilty to two counts of Criminal Possession of a Weapon in the Second Degree (Class C violent felonies), one count of Criminal Possession of a Weapon in the Third Degree (Class D felony), one count of Menacing in the Second Degree and one count of Resisting Arrest (Class A misdemeanors). Pena entered a guilty plea to all counts in the indictment.

Today, a final order of protection was issued on behalf of the victim, which remains in effect until 2046.

A co-defendant, Ronnie Midgett, 39, of Buffalo, previously pleaded guilty before Judge Bargnesi to one count of Attempted Criminal Possession of a Weapon in the Second Degree (Class D violent felony). He pleaded guilty to the charge in full satisfaction of the indictment in October 2025. Midgett, who continues to be remanded, faces a maximum of 7 years in prison when he is sentenced on Wednesday, March 25, 2026, at 9:30 a.m.

DA Keane commends the Buffalo Police Department for their work in this investigation.

The case was prosecuted by Chief Danielle N. D'Abate and Assistant District Attorney Kristen S. Fischer of the Felony Trials Bureau.