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Two suspended Buffalo Police Emergency Response Team officers set to be arraigned Saturday morning

Posted at 11:18 PM, Jun 05, 2020
and last updated 2020-06-05 23:39:57-04

BUFFALO, N.Y. (WKBW) — Four sources confirm to 7 Eyewitness News that two suspended officers from the Buffalo Police Department, formerly with the department's Emergency Response Team, are being arraigned tomorrow morning at Buffalo City Court.

Two sources told 7 Eyewitness News the officers will be charged with assault in the second degree, a class D felony.

Text messages provided by the sources appear to be from the Police Benevolent Association. The messages ask officers to show up in support of the suspended ERT officers.

In correspondence with us, Erie County District Attorney John Flynn said, “you can always ask but I can tell you they have not been arrested but that’s all I can say at this time.”

Another text that was forwarded to us reads:

Please share this. Arraignment for McCabe and Torgalski is at 9am tomorrow city court. Nobody is allowed in, but can gather out front in support. These guys really need us right now! Be aware the DA's office will probably leak their arraignment time so the press may be there. Meet at 8am and BPD union office @ 68 court st at 8AM. Wear your uniform. We need all the support we can get. We'll walk over to city court right before the Arraignment.

The two officers were suspended after an incident Thursday eveningin Niagara Square in Downtown Buffalo. As police were moving through Niagara Square to clear the area of protesters after curfew, two officers pushed a 75-year-old man, causing him to fall. The incident was recorded on video by a WBFO reporter.

The man, later identified as Martin Gugino, is in serious condition at ECMC. He has since released a statement through his attorney.

The incident sparked international outrage on social media, after a Buffalo Police Department spokesperson initially released a statement to news outlets indicating the man tripped and fell.

On Friday, Governor Andrew Cuomo said he believed the city should consider firing the officers.. They are currently suspended without pay.