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Buffalo protester Martin Gugino will not be released from the hospital this week

Posted at 2:22 PM, Jun 23, 2020

BUFFALO, N.Y. (WKBW) — Martin Gugino, the 75-year-old protester pushed by two Buffalo police officers June 4 outside city hall, will not be released from the hospital this week as expected.

"He is continuing to recover, having good days and bad," Gugino attorney Kelly Zarcone said in a statement. "Today was a good day. He holds up his end of a complex conversation just fine and his sense of humor has not suffered one bit."

On June 10, Zarcone said Gugino was being moved to a rehabilitation floor of ECMC to begin physical therapy and was expected to go home within two weeks. But he continues to recover under the care of hospital staff and will not be discharged this week, she said.

Investigators say Gugino's skull was fractured after he was pushed and fell to the ground, hitting the back of his head on the sidewalk. Officers Aaron Torgalski and Robert McCabe have both been charged with second-degree assault. They remain suspended without pay.

"[Gugino] is continually delighted with the outpouring of well wishes from people around the globe," Zarcone said. "I brought him a big stack of cards and emails which people sent to my office to cheer him on."

Zarcone added her client has not yet taken legal action against the City of Buffalo or its police department.