BUFFALO, N.Y. (WKBW) — Erie County District Attorney John Flynn says a grand jury has dismissed the case against two Buffalo police officers who pushed a man during Black Lives Matter protests in Niagara Square in June 2020.
During the protest, Buffalo police officers Aaron Torgalski and Robert McCabe were charged with felony assault as the result of a confrontation between them and protester Martin Gugino of Amherst.
Flynn said the evidence that they used in the case was video showing the officers shoving Gugino away and Gugino subsequently hitting his head on a sidewalk.
DA goes on to say that Gugino did break the law that night but did not deserve to be shoved. https://t.co/swgGUOSvMi— Jeff Slawson (@Jeffslawson) February 11, 2021
Flynn stands behind the original decision to charge the officers, saying, "no one can dispute that there was probable cause a crime occurred."
John Evans, president of the Buffalo Police Benevolent Association provided this statement regarding the case dismissal.
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.
Meanwhile, Buffalo Police Captain Jeff Rinaldo tells 7 Eyewitness News that both officers remain suspended pending the outcome of the internal affairs investigation.
You can watch the entire announcement form Erie County District Attorney John Flynn below.