Former Jail Deputy Sentenced for Harassing Member of Sheriff's Office During Incident at Highmark Stadium

Wednesday, July 24, 2024

Acting Erie County District Attorney Michael J. Keane announces that 47-year-old John A. Gugino of Town of Hamburg was sentenced yesterday evening before Orchard Park Town Court Justice Jorge S. de Rosas to a one-year conditional discharge. As part of his sentence, Gugino was ordered to perform 30 hours of community service.

On Saturday, July 23, 2022, at approximately 9:11 p.m., the defendant refused to leave a concert at Highmark Stadium in the Town of Orchard Park after being ejected for violating the establishment's fan conduct policy regarding profanity. The defendant refused to comply with orders and struggled with deputies while being escorted out of the stadium. The defendant made multiple threatening statements toward a 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 incident. Our office found no evidence of any misconduct by law enforcement.

On Thursday, May 23, 2024, Justice de Rosas acquitted the defendant of the misdemeanor trespass and harassment violation charges and reserved decision on the single additional count of Harassment in the Second Degree (violations) following a one-day, non-jury trial. On Monday, June 10, 2024, Justice de Rosas issued a decision, finding Gugino guilty of one count of Harassment in the Second Degree (violation).

The defendant also appeared last night for further proceedings in a second criminal case pending in Orchard Park Town Court. In October 2023, Gugino was arraigned before Justice de Rosas 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 New York State 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 injuries to his right arm and shoulder.

Gugino is scheduled to return on Monday, August 26, 2024, at 5:00 p.m. for motions. He remains released on his own recognizance as the charges are non-qualifying offenses for bail.

If convicted of the misdemeanor charge, Gugino faces a maximum sentence of one year in jail.

Acting DA Keane commends the Erie County Sheriff's Office for their work in these investigations.

The harassment case was prosecuted by Assistant District Attorney Megan A. Connelly. The assault case will be prosecuted by Assistant District Attorney Nathan W. Zobrest 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.