Second man admits role in Jefferson Ave. Tops gun incident

BUFFALO, N.Y. (WIVB) — A Tonawanda man accused in June of waving a gun at a man at the Jefferson Avenue Tops supermarket pleaded guilty Thursday to five charges, including criminal possession of a weapon.

Avello Pena pleaded guilty to two counts of second-degree criminal possession of a weapon, third-degree criminal possession of a weapon, second-degree menacing, and resisting arrest.

Pena was also seen on surveillance video June 17, 2025 passing a gun to his half brother, Ronnie Midgett, inside the supermarket, according to a Buffalo police report. The Erie County District Attorney’s Office said while there is evidence that both Pena and Midgett possessed an illegal gun inside the store, there wasn’t any threat of violence made against employees or customers…

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