BUFFALO, NY – Criminal charges were dropped against two policemen seen on video last spring, throwing a 75-year-old protester to the ground in Buffalo, New York, prosecutors said on Thursday.
A grand jury refused to indict Buffalo police officers Robert McCabe and Aaron Torgalski for assault, said Erie County District Attorney John Flynn, ending a matter that drew national attention at the height of protests over George Floyd’s death by police .
Messages asking for comments 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: “Obviously, we are ecstatic about their decision. These officers have been put in hell and I look forward to seeing them back to work.”
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Flynn, echoing previous statements, said he did not necessarily think the altercation reached the level of crime, but that state law required prosecutors to bring up such an accusation when the victim was at least 65 years old and the alleged perpetrators were at least 10 years older. young .
Addressing criticism that he acted slowly or “detonated” the case, Flynn said prosecutors had made a full presentation to the grand jury, but, citing secrecy rules, said he could not discuss which witnesses were called or what evidence was presented. The grand jury heard the case late due to the closure of coronavirus-related courts, he said.
In this image from the video provided by the WBFO, a Buffalo police officer appears to be pushing a man who went to the police on Thursday, June 4, 2020 in Buffalo, NY (Associated Press)
Flynn said throughout the investigation, the video of the push continued to be the primary evidence.
“This was not the JFK murder,” said Flynn. “This was not such a complex case. The video that was made speaks for itself.”
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A news team covering protests in downtown Buffalo last June over Floyd’s death in Minneapolis captured a video of police officers pushing Gugino on the ground in front of the city hall while police officers in shock equipment released protesters from the area for the touch. to collect at 20h.
Gugino, pushed back, started bleeding after hitting 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, falls to the ground after being pushed by two police officers from Buffalo, NY, on June 4, 2020. (Reuters)
McCabe and Torgalski were suspended without pay and arrested in a few days. They pleaded not guilty and were released without bail pending further developments. Flynn said at a news conference on Thursday that national attention on the case had no bearing on his decision to prosecute police officers immediately.
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“All I need is a likely reason for an arrest,” said Flynn. “However, when I go to trial, I need to go beyond any reasonable doubt. At this point, now, I am 50/50 in my mind whether or not it was intentional or reckless. If it is 50/50, it is not beyond reasonable doubt This analysis influences my mind, but I cannot articulate to you what was going on in the minds (of the great jurors). “
Buffalo, NY, officers Robert McCabe, left, and Aaron Torgalski. (Erie County District Attorney’s Office via AP)
Buffalo News reported that the Buffalo Police Department will begin an investigation into internal affairs, a development that was on hold because of the criminal case. A message asking for comments was left with a police spokesman.
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After the police were suspended, nearly 60 other members of the department’s crowd control unit said they would no longer serve in the unit, effectively shutting it down.
The city responded by replacing the Emergency Response Team with a Public Protection Unit designed to work with groups that seek to protest peacefully. Other reforms in the wake of the protests included suspending arrests for nonviolent crimes of low gravity, such as marijuana possession, and making it easier for the public to view the police camera video.