Activist appears in court with new attorney

BUFFALO, N.Y. (WIVB) – Exactly one month ago, there was a scare at Harvey Austin Elementary in Buffalo. There were panicked parents, SWAT team officers, and the search for a man with a gun. Not what you ever want to see at an elementary school.

On February 6th, police got a call about a man with a gun inside the elementary school. The man police say is responsible is Dwayne Ferguson,  the local president of MAD DADS and a member of the national board. It’s an organization against violence and drugs.

Thursday, Ferguson appeared in Buffalo City Court with his new defense attorney Joe Agro. The case was adjourned until later this month to give his new attorney some time.

Agro said, “The case is very new. I just got the case a couple of weeks ago and we have ongoing discussions with the DA’s office.”

Police say it looks like Ferguson was responsible for the scare. Ferguson says he forgot he had a gun with him and that he didn’t know it was illegal to have one on school grounds, even with a permit.

However police say he lied about having a gun on him and charged him with criminal possession of a firearm, and for obstruction of governmental administration. Ferguson faces up to 15 years in prison if convicted of the felony charge, for possessing a gun in a school.

Ferguson says he was never asked about a gun and that there was a lot of confusion inside the school.

Ferguson was asked, “At that time, did you have any idea what was going on?”

He responded, “No I didn’t, I didn’t know what was going on, because I asked them what did the young man have on, what did the man wear, what was the description. Nobody could tell me anything at the time.” provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review. Note: Comments containing links are not allowed.

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