Erie County District Attorney John J. Flynn announces that 53-year-old Kevin T. Biggs of East Aurora pleaded guilty before Erie County Court Judge Kenneth Case to one count of Criminal Possession of a Forged Instrument in the Third Degree (Class “A” misdemeanor). The defendant was permitted to withdraw his previous plea to a felony charge and enter a plea to a reduced charge after successfully completing a judicial diversion program. He was sentenced today to a conditional discharge.

On September 25, 2020, at approximately 1:32 p.m., the defendant, while wearing police attire and falsely presenting himself as an officer, went to the Buffalo Police Department impound lot on Dart Street to attempt to obtain a vehicle owned by Alexis Rivera. The defendant provided a forged police document to personnel in an attempt to acquire the vehicle, which was being held as evidence.

Biggs previously pleaded guilty to one count of Criminal Possession of a Forged Instrument in the Second Degree (Class “D” felony) on charge on May 7, 2021.

Alexis Rivera, 27, of Cheektowaga, pleaded guilty to one count of Criminal Possession of a Controlled Substance in the Second Degree (Class “A-II” felony) and one count of Criminal Possession of a Controlled Substance in the Third Degree (Class “B” felony) before State Supreme Court Justice Debra Givens on Thursday, October 6, 2022.

On September 7, 2020, at approximately 10:24 p.m., Buffalo Police officers responded to Wyoming Avenue after the defendant was shot by an unknown person. Buffalo Police impounded the defendant’s vehicle as evidence and obtained a search warrant. Approximately 13 ounces of cocaine was found inside of the vehicle. Rivera spent several days at ECMC, but survived the shooting.

Rivera faces a maximum of 10 years in prison when he is sentenced on Thursday, November 10, 2022 at 9:30 a.m. He was held without bail pending sentence.

DA Flynn commends Detective Christopher Schafer and Detective Nicole Krug of Buffalo Police Department for their work in this investigation.

The case was prosecuted by Chief John P. Feroleto of the Major Crimes Unit.