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A grand jury has declined to indict two Buffalo cops caught on camera shoving a 75-year-old protester during a June 2020 anti-police brutality protest and leaving him in a pool of blood, Erie County District Attorney John Flynn announced Thursday.
Aaron Torgalski, 39, and Robert McCabe, 32, were each charged with assault in the second degree, a Class D felony, for shoving Martin Gugino, a longtime peace activist in the upstate New York city, during the June 4 protest in the wake of George Floyd’s police killing.
A viral video showed Gugino falling down, blood pooling around his head after he hit the pavement. On June 30, Gugino was released from the hospital with a brain injury.
A grand jury has dismissed charges against Buffalo Police Officers Aaron Torgalski and Robert McCabe after they shoved Martin Gugino in Buffalo on June 4. pic.twitter.com/FOqBdoBh2b
— Mike Baggerman (@MikeBaggerman) February 11, 2021
Flynn: The video speaks for itself. There was undoubtedly, and no one can dispute this, there was probable cause that a crime did occur. There was probable cause. Most investigations involving a police officer do take time to investigate.
— Mike Baggerman (@MikeBaggerman) February 11, 2021
Flynn: Mr. Gugino committed a crime and broke the curfew. He had no business confronting police officers. All that had to be done was turn him around and arrest him. I still stand by he should not have been shoved. He should have been arrested. That didn’t happen
— Mike Baggerman (@MikeBaggerman) February 11, 2021