BUFFALO, NY – Criminal charges have been dropped against two police officers who were seen on video last spring and who pushed a 75-year-old protester to the ground in Buffalo, New York, prosecutors said Thursday.
A grand jury declined to indict Buffalo officers Robert McCabe and Aaron Torgalski for sexual assault, Erie County district attorney John Flynn said, ending a case that drew national attention at the height of protests over the murder. on George Floyd by the police.
Messages requesting comment were left with lawyers representing the officers. A message was also left for 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 clearly ecstatic about their decision. These officers have been through hell and I look forward to seeing them back to work.”
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Flynn, echoing earlier statements, said he didn’t necessarily feel the altercation rose to the level of a crime, but state law required prosecutors to file such charges if a victim is at least 65 and the suspected perpetrators are at least 10 years old. be younger. .
Criticizing that he was slow to play the case or “sandbagged,” Flynn said the prosecutors gave a thorough presentation to the grand jury, but, citing nondisclosure rules, said he could not discuss which witnesses were called or what evidence. was presented. The grand jury heard the case was delayed due to the court closing due to the coronavirus, he said.
In this image from video from WBFO, a Buffalo police officer appears to be pushing a man who walked to the police in Buffalo, NY (Associated Press) on Thursday, June 4, 2020.
Flynn said that during the investigation, the video of the push remained the main piece of evidence.
“This wasn’t JFK’s murder,” Flynn said. “This was not that complex of a case. The video that was made speaks for itself.”
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A news crew reporting protests in downtown Buffalo in June over Floyd’s death in Minneapolis recorded video of officers pushing Gugino to the ground in front of City Hall as agents in riot gear pulled protesters out of the area for a curfew from 8 pm.
Gugino, pushed back, started bleeding after bumping his head on the sidewalk and spent about a month in the hospital with a skull fracture and brain injury.
Martin Gugino, a 75-year-old protester, is on the ground after being pushed by two Buffalo, NY, police officers on June 4, 2020. (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 said at a press conference on Thursday that national coverage of the case did not affect his decision to charge the agents immediately.
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“All I need is a probable reason for an arrest,” Flynn said. But if I go to court, I need more than a reasonable doubt. Right now it’s 50/50 in my mind whether it was intentional or reckless. If it’s 50/50, that’s no further than a reasonable doubt. That analysis plays a role for me, but I cannot put into words what went on in the minds of (great jury members). ‘
Buffalo, NY, police officers Robert McCabe, left, and Aaron Torgalski. (Office of the Erie County District Attorney via AP)
The Buffalo News reported that the Buffalo Police Department will begin an internal investigation, a development that had been delayed due to the criminal case. A message was left with a police spokesperson.
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In the wake of the agents’ suspension, nearly 60 other members of the department’s crowd control unit said they would no longer serve on the unit, effectively closing it down.
The city responded by replacing the Emergency Response Team with a Public Protection Unit designed to work with groups seeking to protest peacefully. Other reforms in the wake of the protests included ending arrests for low-level, non-violent crimes, such as marijuana possession, and making it easier for the public to watch police camera video.