Officers Aaron Torgalski and Robert McCabe faced felony assault charges over the June 4 incident at Niagara Square. In the video, protester Martin Gugino is seen walking in the direction of the officers before they are seen pushing him. Gugino fell flat onto his back and bumped the back of his head on the concrete, the video shows.
Erie County D.A. John J. Flynn announced on Thursday February 11, that a Grand Jury decided not to hand up an indictment in the case against Buffalo PD officers Aaron Torgalski and Robert McCabe.
Flynn said prosecutors made a thorough presentation to the grand jury but, citing secrecy rules, said he couldn’t discuss what evidence was presented. He also defended his decision to bring charges against the officers.
“This was not the JFK assassination. This was not that complex of a case. The video that was taken speaks for itself.”
Both officers who were suspended after the incident, entered not guilty pleas during their arraignment in June. The case was delayed getting to the grand jury due to COVID-19 restrictions that had closed the courts, Flynn said.
Both officers remain suspended pending the outcome of an internal affairs investigation. It is unclear at this point when that will be completed, Buffalo Police Department Captain Jeff Rinaldo told ABC News on Thursday.