Career Criminal Pleads Guilty to Possessing Gun

Modified: April 29, 2013 3:12pm

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4/10/2013

Erie County District Attorney Frank A. Sedita, III announced that 43 year old Kenneth Virges pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree and Criminal Possession of Marijuana in the Fifth Degree before Senior Erie County Court Judge Michael D’Amico. These are the highest charges for which the defendant could have been convicted had he gone to trial. This also constitutes the defendant’s fourth felony conviction since 1991.

On May 13, 2012, patrol officers from the Buffalo Police Department responded to a call of a man smoking marijuana in his motor vehicle. Detecting the malodorous scent of recently smoked marijuana, and observing the remnants of a smoldering blunt, the defendant admitted to getting baked. Further investigation resulted in the seizure of additional marijuana and a scale commonly used to facilitate the sale of drugs. The police also recovered a loaded 9mm pistol, which had been stolen in a March 2012 Niagara County burglary, secreted in the defendant’s vehicle.

The case was successfully prosecuted by ADA Sara Ogden. DA Sedita also noted the investigative work of Officers Joseph Doxbeck and Charmaine Grabowski, noting, “Their quick response and keen instincts have resulted in the conviction and mandatory incarceration of an armed three-time prior felon.”

Virges faces a maximum of 15 years in state prison when sentenced by Judge D’Amico on June 18, 2013 at 9:30 AM.