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Man Pleads to Criminal Weapons Possession Charge


04/23/2013

Erie County District Attorney Frank A. Sedita, III announced that 20 year-old Kirk Abernathy of 44 Orchard Place, Buffalo, pleaded guilty as charged to Criminal Possession of a Weapon in the Second Degree before Supreme Court Justice M. William Boller. This is the highest charge for which Abernathy could have been convicted had he gone to trial. 

Abernathy’s conviction stems from the January 9, 2012 arrest where he was found in possession of a 9mm semi-automatic Luger Pistol on Suffolk Street in the City of Buffalo.  Abernathy was caught after a chase. He stated he was carrying the gun for “protection” because of his ongoing “beef” with members of rival criminal gangs.

The case was successfully prosecuted by ADA Brian Langenfeld. DA Sedita also commended Buffalo Police Officers Michael Acquino and Mark Hamilton, stating: “Because of their vigilance and keen sense of duty, another gun-toting thug is off the street and on the way to state prison.” 

Abernathy faces a maximum prison term of 15 years as a second felony offender when he is sentenced before Justice Boller on July 1, 2013 at 9:30 a.m.