BUFFALO, N.Y. –U.S. Attorney Michael DiGiacomo announced today that a federal grand jury has returned an indictment charging Earl Stone, 34, of Buffalo, NY, with being a felon in possession of a firearm, which carries a maximum penalty of 15 years in prison.
According to the indictment and a previously filed complaint, late in the evening on April 12, 2026, Buffalo Police officers conducted a traffic stop of a vehicle on Route 33 Expressway. During the stop, officers detected the smell of alcohol and asked the driver to step out of the vehicle to conduct a standard field sobriety test. Officers then asked the passengers for a New York State Drivers’ License so someone could move the vehicle to a safe location. All passengers refused, including Stone, who got out of the vehicle and sat on ground of the 33 Expressway. Officers noticed what appeared to be the outline of a slide of a firearm by the right shin of his pantleg. As he stood up at the request of officers, a loaded .40 caliber firearm fell out of his pant leg. Stone was charged with Criminal Possession of a Weapon- 2nd Degree: Loaded Firearm and Criminal Possession of a Weapon-3rd Degree: Large Capacity Feeding Device. In December 2013, Stone was convicted of a felony in Erie County Court and is legally prohibited from possessing a firearm.
Stone was arraigned before U.S. Magistrate Judge Michael J. Roemer and was detained.
The case was prosecuted by Assistant U.S. Attorneys Joshua A. Violanti and Louis A. Testani. The indictment is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Erika Shields and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Allen D. Davis, II.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Source: U.S. Attorney’s Office — Western District of New York — U.S. Department of Justice press release.