BUFFALO, N.Y., (WIVB) — Two men are facing multiple charges after they allegedly passed a gun back and forth in June in the Tops on Jefferson Avenue, with one allegedly waving a gun toward a man in the store’s parking lot.
The men were both indicted on charges Wednesday morning.
City lawmakers respond to Tops incident that resulted in gun-related charges for two men
Avello Pena, 34 and of Tonawanda, was charged with the following:
- two counts of second-degree criminal possession of a weapon
- one count of third-degree criminal possession of a weapon
- one count of second-degree menacing
- one count of resisting arrest
Ronnie Midgett, 39 and of Buffalo, was charged with the following:
- two counts of second-degree criminal possession of a weapon
- one count of third-degree criminal possession of a weapon
According to a police report obtained by WIVB News 4 in June, on June 17, Pena and Midgett were allegedly seen on surveillance video passing a gun back and forth in the Tops on Jefferson Avenue, which is where 10 people were killed and three were injured in a racist mass shooting in May 2022.
A witness told police that a man pulled a gun on his daughter around the Tops parking lot. When the father pulled into the parking lot, he said to police that one of them men “waved the gun in [his] direction” before leaving…