Case Against 2 Buffalo Police Officers Comes Down to Intent

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Buffalo, N.Y. (WBEN) - "This case has to go to trial. The consequences are too severe," said longtime Buffalo Defense Attorney Terry Connors.

Connors, referring to the case against Buffalo Police Officers Robert McCabe and Aaron Torgalski, suspended without pay and charged with felony assault after the incident with protester Martin Gugino on Thursday night in front of City Hall..

Burton was asked why he thought Gugino approached the line of officers. "All I'm going to say is he is an individual who had a penchant for being involved in these things.  Any more than this I'm saving for trial," he said. "The bottom line is Mr. Gugino wanted to have an incident. He got it. He crossed the line figuratively and actually."

Burton said police were stunned that the two were charged with a felony. "We completely disagree that this incident should be equated by prosecutors to the Achtyl case that had taken place some time ago."  Ken Achtyl is a former Erie County Sheriff's  Deputy who was convicted of assaulting a Bills fan in 2017. 

With the worldwide attention the story is getting, Connors said he doesn't remember any local case previously that received this level of attention.