Erie County District Attorney John J. Flynn announces that 47-year-old John A. Gugino of Town of Hamburg was arraigned yesterday evening before Orchard Park Town Court Justice Jorge S. DeRosas on one count of Reckless Endangerment in the Second Degree and one count of Assault in the Third Degree (Class “A” misdemeanors). The defendant was also charged with two Vehicle and Traffic Law violations for Failure to Obey Police Officer and Failure to Obey Traffic Control Device.
It is alleged that on Sunday, October 1, 2023, at approximately 3:36 p.m., the defendant, while driving a vehicle, knowingly and unlawfully disobeyed the commands of an Erie County Sheriff’s deputy and posted road closure signs near Highmark Stadium in the Town of Orchard Park. The defendant is accused of recklessly engaging in conduct that created a substantial risk of serious physical injury to another person by driving his vehicle through a barricade onto a closed portion of Abbott Road, which was blocked off due to the Buffalo Bills game at the stadium. The defendant is accused of causing injuries to the deputy who fell while attempting to stop the defendant’s vehicle. The victim was treated for minor injuries to his right arm and shoulder.
If convicted of the charge, Gugino faces a maximum sentence of one year in jail.
Gugino has another pending criminal case in Orchard Park Town Court that was scheduled for a non-jury trial this week. The bench trial was adjourned due to his arraignment on the new case. Gugino is charged with one count of Criminal Trespass in the Third Degree (Class “B” misdemeanor) and two counts of Harassment in the Second Degree (violations).
It is alleged that on July 23, 2022, at approximately 9:11 p.m., the defendant refused to leave a concert at Highmark Stadium after being ejected for a violation of the establishment’s fan conduct policy regarding profanity. The defendant allegedly refused to comply with orders and struggled with deputies while being escorted out of the stadium. It Is further alleged that defendant scratched the right forearm of one deputy and made multiple threatening statements toward another member of the Erie County Sheriff’s Office during the incident.
The Erie County District Attorney’s Office conducted an investigation following an allegation of misconduct by members of the County Sheriff’s Office during the alleged incident involving the defendant. Our office found no evidence of any misconduct by law enforcement.
Gugino is scheduled to return on Thursday, December 21, 2023 at 5:00 p.m. for further proceedings on both files. He continues to be released on his own recognizance as the charges are non-qualifying offenses for bail.
DA Flynn commends the Erie County Sheriff’s Office for their work in the investigation.
The case is being prosecuted by Assistant District Attorney Abbi L. Fuhrken of the Justice Courts Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.
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