BUFFALO, N.Y. (WKBW) — A former Erie County Sheriff's Office jail deputy was arraigned Tuesday after he was arrested at the Garth Brooks concert at Highmark Stadium on July 23.
The Erie County District Attorney's Office announced that 46-year-old John Gugino of Hamburg was arraigned Tuesday in Orchard Park Town Court on one count of third-degree criminal trespass and two counts of second-degree harassment.
The district attorney's office said on July 23, Gugino allegedly refused to leave the Garth Brooks concert at Highmark Stadium after being ejected for a violation of the fan conduct policy regarding profanity. Gugino allegedly refused to comply with orders and struggled with deputies while being escorted out of the stadium. He also allegedly scratched the right forearm of one deputy and made threatening statements toward another member of the sheriff's office.
Gugino is scheduled to return on October 6 for further proceedings and he was released on his own recognizance. He faces a maximum sentence of 90 days in jail if convicted of the highest charge. The judge also issued temporary no-contact orders of protection on behalf of both victims.
The district attorney's office said it also conducted an investigation into the incident following an allegation of misconduct by members of the sheriff’s office but at this time has found no evidence of any misconduct.
Gugino, a former Erie County Sheriff's Office jail deputy, pleaded guilty to a drug charge in May and was sentenced in connection to the charge on July 21 in Hamburg Town Court. He was was off-duty at the time of his arrest. The sheriff's office said Gugino was fired on June 10.
Due to the pending criminal charges in Orchard Park Town Court, the district attorney's office has sent a letter to Hamburg Town Court to request that Gugino be re-sentenced in connection to the drug charge. He is scheduled to appear in Hamburg Town Court on August 18.
