BUFFALO, N.Y. (WKBW) — A former Erie County sheriff's deputy is suing Sheriff John Garcia to get his job back.
John Gugino was arrested for drug-related charges after a three-week investigation in 2020. Deputies said they found cocaine in a knotted-off plastic bag, hidden in Gugino's wallet, during a traffic stop.
Gugino, who served in the Jail Management Division at the Erie County Holding Center, pleaded guilty to a drug charge in May 2022.
He was subsequently sentenced to a one-year conditional discharge, ordered to perform 50 hours of community service and pay a $205 fine.
The Sheriff's Office terminated Gugino because he was convicted of a crime involving the violation of his oath of office.
"Ordinarily, you may be eligible to apply for reinstatement if your conviction is reversed or vacated in the future," wrote Sheriff Garcia to Gugino.
However, "you have also been terminated pursuant to the Collective Bargaining Agreement. Thus, your employment would remain terminated under the Collective Bargaining Agreement even if your conviction is reversed or vacated," Garcia added.
The lawsuit alleges that Gugino's termination was arbitrary and capricious.
Despite being fired, an I-Team investigation discovered that the Sheriff's Office did not properly decertify Gugino with the New York State Division of Criminal Justice.
After the I-Team inquired, the Sheriff's Office submitted the appropriate paperwork with the state.
The I-Team reached out to the Sheriff's Office but has not heard back.
