BUFFALO, NY – Criminal charges have been dropped against two police officers who were seen on video last spring and pushed a 75-year-old protester to the ground in Buffalo, New York, prosecutors said Thursday.
A grand jury did not want to charge Buffalo Officers Robert McCabe and Aaron Torgalski on charges of violent assault, District Attorney John Flynn said in Erie County. It ended a case that drew national attention to the height of protests over the murder of George Floyd police.
Comments that were commented on were left with advocates representing the officers. A message was also left to the man who was pushed to the ground, longtime activist Martin Gugino.
John Evans, president of the Buffalo Police Benevolent Association, told The Buffalo News: “We are naturally delighted with their decision. These officers have been put through hell and I look forward to seeing them back at work.”
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Flynn, reflecting earlier rulings, said he did not necessarily feel the altercation had risen to the level of an offense, but that state law required prosecutors to file such a charge as a victim at least 65 and the alleged offenders are at least ten years younger.
Flynn said prosecutors made a thorough submission to the grand jury, but referring to secrecy rules that he could not discuss what witnesses were called or what evidence was presented. The grand jury heard the case on a delayed basis due to the coronavirus closures, he said.
In this image from the video provided by WBFO, it appears that a Buffalo police officer approached a man on Thursday, June 4, 2020 in Buffalo, NY (Associated Press).
Flynn said the video was the main evidence during the investigation.
“It was not the murder of the JFK,” Flynn said. “It was not that complex of the matter. The video taken speaks for itself.”
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A news staffer who covered protests in downtown Buffalo over Floyd’s death in Minneapolis in June last week captured video of officers pushing Gugino to the ground in front of City Hall as protesters in riot gear removed protesters from the area for an evening clock at 20:00.
Gugino, pushed back, began to bleed after hitting his head on the sidewalk and spending about a month in hospital with a broken skull and brain injury.
Martin Gugino, a 75-year-old protester, is lying on the ground after being pushed on June 4, 2020 by two police officers from Buffalo, NY. (Reuters)
McCabe and Torgalski were suspended without pay and arrested within days. They pleaded not guilty and were released without bail pending further developments. Flynn told a news conference on Thursday that national attention to the case had no bearing on his decision to charge the officers immediately.
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“All I need is a probable cause for an arrest,” Flynn said. “However, if I trial, I have to reasonably doubt. At this point, it’s 50/50 in my mind whether it was intentional or reckless. If it’s 50/50, it’s no more than a reasonable doubt. interest, but I can not tell you what happened in the minds of (great jurors). “
Buffalo, NY, police officers Robert McCabe, departure and Aaron Torgalski. (Erie County District Attorney’s Office via AP)
The Buffalo News reported that the Buffalo Police Department will begin an investigation into home affairs, a development that has been suspended due to the criminal case. A comment was left at a police spokesman.
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In the wake of the officers’ suspensions, nearly 60 other members of the department’s crowd control unit said they would no longer serve in the unit, and it was effectively closed.
The city responded by replacing the emergency response team with a public protection unit designed to work with groups that want to protest peacefully. Other reforms in the wake of the protests include the intrusion of low-level arrests, nonviolent offenses such as possession of marijuana and making it easier for the public to see the video from the police body camera.