BUFFALO (WBEN) - Erie County District Attorney John Flynn announced Thursday that the felony assault charges against Buffalo Police Officers Aaron Torgalski and Robert McCabe have been dismissed by grand jury. In the summer of 2020, the officers shoved Martin Gugino during a protest, leading his hospitalization.
"The video speaks for itself," said Flynn. "There was undoubtedly, and no one can dispute this, there was probable cause that a crime did occur...The issue comes down to justification. We in society allow police officers to use physical force, we give them a gun, we give them a baton and mace, we as a society give police the authority to use force. The question comes down to if it crossed the line."
Flynn also noted that Gugino himself committed a crime by breaking curfew and that he had no business confronting police officers.
"All that had to be done was to turn around and arrest him," said Flynn. "I still stand by he should not have been shoved, he should have been arrested - that did not happen."
Addressing criticism that he slow-played or "sandbagged" the case, Flynn said prosecutors made a thorough presentation to the grand jury but, citing secrecy rules, said he couldn't discuss what witnesses were called or what evidence was presented. The grand jury heard the case on a delayed basis because of coronavirus-related court closures, he said.
Flynn said throughout the investigation, video of the shove remained the primary evidence.
"This was not the J.F.K. assassination," Flynn said. "This was not that complex of a case. The video that was taken speaks for itself."
John Evans serves as president of the Buffalo Police PBA spoke with Tom Bauerle live just after the announcement was made, saying he is "extremely pleased on this result."
"The grand jury worked the way it's supposed to, and we're very happy for these officers - they've been put through so much, and it's hard to put into words the elation that we feel right now for these guys," said Evans.
This June 6, 2020 photo provided by the Erie County District Attorney's Office in Buffalo, N.Y., shows suspended Buffalo police officer Aaron Torgalski. Criminal charges have been dropped against Torgalski, one of two police officers seen on video last spring shoving a 75-year-old protester to the ground in Buffalo, New York, prosecutors said Thursday, Feb. 11, 2021. (Erie County District Attorney's Office via AP)
This June 6, 2020 photo provided by the Erie County District Attorney's Office in Buffalo, N.Y., shows suspended Buffalo police officer Robert McCabe. Criminal charges have been dropped against McCabe, one of two police officers seen on video last spring shoving a 75-year-old protester to the ground in Buffalo, New York, prosecutors said Thursday, Feb. 11, 2021. (Erie County District Attorney's Office via AP)
