The Daily Beast reports:
A grand jury has declined to indict two Buffalo cops caught on camera shoving a 75-year-old protester during a June 2020 anti-police brutality protest and leaving him in a pool of blood, Erie County District Attorney John Flynn announced Thursday.
Aaron Torgalski, 39, and Robert McCabe, 32, were each charged with assault in the second degree, a Class D felony, for shoving Martin Gugino, a longtime peace activist in the upstate New York city, during the June 4 protest in the wake of George Floyd’s police killing.
As you might recall, the police initially claimed Gugino “tripped and fell” despite the video that was seen by millions. The next day Trump tweeted that Gugino was likely an “antifa provocateur” and that the police had been set up.
A grand jury has dismissed charges against Buffalo Police Officers Aaron Torgalski and Robert McCabe after they shoved Martin Gugino in Buffalo on June 4.
Flynn said he sandbagged nothing in this case. He said he cannot talk about the grand jury proceedings because they are secretive.
“Society…made that decision. I was fair. I was impartial. And I gave them everything.”
Flynn: The video speaks for itself. There was undoubtedly, and no one can dispute this, there was probable cause that a crime did occur. There was probable cause. Most investigations involving a police officer do take time to investigate.
Flynn: 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: Mr. Gugino committed a crime and broke the curfew. He had no business confronting police officers. All that had to be done was turn him around and arrest him. I still stand by he should not have been shoved. He should have been arrested. That didn’t happen
Flynn: Gugino is not part of Antifa. He did not have radio waves on him. That’s all nonsense. He had his video on. All he was doing was recording a police officer. That being said, he violated curfew.
Flynn: If these were two civilians who shoved Gugino instead of officers, there’s no grand jury investigation. They’re arrested on the spot. We treat everyone the same under my administration.