NEW YROK — Two Buffalo cops will not face prosecution for their actions during a protest last summer, Erie County District Attorney John Flynn says.
The incident happened June 4th and the video went viral showing 75-year-old Martin Gugino falling to the ground. Gugino was hospitalized and later made a full recovery.
Suspended police officers Aaron Torgalski, 39, and Robert McCabe, 32, were initially charged with second degree assault, a Class D felony. They pleaded not guilty.
DA Flynn told reporters Thursday the he could not elaborate on the grand jury proceedings — but he insisted he did everything he could to bring a fair and strong case.
“I’ve got 28 years as a naval officer, and I live and breathe every day by the core values: honor, courage and commitment,” said Flynn. “And integrity happens to be a big thing with me. And I’m sitting here right now talking into every one of these mics, looking at every one of these cameras right here, looking at each one of you in the eye right now, and I’m telling you that I sandbagged nothing.”
“I went into that grand jury, I put all relevant evidence into that grand jury. I put multiple witnesses in that grand jury. I put everything that was not cumulative into that grand jury. And you got my word on that.”
The president of the Buffalo Police Benevolent Association, John Evans, responded in a a statement:
“The Buffalo Police Benevolent Association is extremely pleased with today’s decision by a grand jury to dismiss charges against Buffalo Police Officers Robert McCabe and Aaron Torgalski. As we have stated all along, Officers McCabe and Torgalski were simply following departmental procedures and the directives of their superiors to clear Niagara Square despite working under extremely challenging circumstances. The Buffalo PBA remains in staunch support of Officers McCabe and Torgalski.”
