BUFFALO, N.Y. — A Tonawanda man has been sentenced to more than a decade in state prison following a violent confrontation involving illegal firearms in the parking lot of a local supermarket last summer. The sentencing, announced by Erie County District Attorney Michael Keane, marks the conclusion of a case that raised significant concerns regarding community safety in Western New York.
Sentence Handed Down in Jefferson Avenue Tops Incident
Avello Pena, 35, was sentenced to 12 years in prison followed by five years of post-release supervision. The ruling follows Pena’s guilty plea in February to several high-level felonies stemming from an August 2023 incident at the Tops Friendly Markets on Jefferson Avenue. According to investigators, Pena brandished a loaded firearm at an individual while driving through the crowded parking lot, prompting an immediate response from law enforcement.
Buffalo Police intercepted Pena and his passenger, Ronnie Midgett, shortly after the report was filed. The vehicle was stopped at the intersection of Utica Street and Roehrer Avenue. Upon searching the vehicle, officers discovered two loaded, illegal handguns. One of the weapons was fitted with an illegal extended magazine, significantly increasing its capacity.
Legal Consequences and Convictions
William Strasmore, reporting for the Lake Erie Times, notes that the severity of the sentence reflects the serious nature of the charges. Pena’s conviction includes one count of criminal possession of a weapon in the first degree and two counts of criminal possession of a weapon in the second degree. Additionally, he was charged with menacing and resisting arrest during the apprehension.
The following table summarizes the legal outcomes for the individuals involved in this local news event:
| Defendant | Primary Charges | Sentencing Status |
|---|---|---|
| Avello Pena | CPW 1st & 2nd Degree, Menacing, Resisting Arrest | 12 Years Prison + 5 Years Supervision |
| Ronnie Midgett | Attempted Criminal Possession of a Weapon | Pending (Up to 7 years maximum) |
Co-Defendant Awaits Final Sentencing
The passenger in the vehicle, 39-year-old Ronnie Midgett, also faced legal action for his role in the afternoon encounter. Midgett entered a guilty plea in October to a charge of attempted criminal possession of a weapon. While Pena begins his 12-year term, Midgett remains awaiting his final sentencing, where he faces a potential maximum of seven years behind bars.
As part of our commitment to quality journalism at the Lake Erie Times, we continue to monitor the impact of illegal firearm possession on our neighborhoods. This case serves as a stern reminder of the ongoing efforts by the Buffalo Police Department and the District Attorney’s office to curb street violence in the Queen City.
For more updates on regional safety and local politics, stay tuned to Lake Erie Times.
