2 men indicted on gun charges following gun-related incident at Jefferson Avenue Tops

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…

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