/https://specials-images.forbesimg.com/imageserve/6025cd269a888fb56f8f251f/0x0.jpg?cropX1=0&cropX2=4200&cropY1=120&cropY2=2482&w=1200&resize=1200,675&ssl=1 "Charges Dismissed Against Buffalo Cops Who Knocked Down Elderly Protester")
Topline
A grand jury on Thursday chose not to indict two police officers in Buffalo, N.Y., for shoving a 75-year-old man to the ground during last year’s Black Lives Matter protests, closing out a saga that attracted nationwide criticism from activists and spurred a high-profile defense of the officers’ conduct from former President Donald Trump.
Buffalo, New York from the waterfront.
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Key Facts
Officers Aaron Torgalski and Robert McCabe were charged with felony assault last June, days after police were caught on camera pushing elderly peace activist Martin Gugino hard onto a cement sidewalk during a protest, an act Gugino’s lawyer says left him with a fractured skull and brain injuries.
A grand jury ultimately voted against indicting Torgalski and McCabe, meaning the charges were dismissed, Erie County District Attorney John Flynn announced Thursday.
Flynn stood by his decision to charge them with felony assault instead of a lesser option like misdemeanor assault, arguing there was probable cause to support his charges.
The Buffalo Police Benevolent Association, a union representing officers, said it is “extremely pleased” with the grand jury’s decision and claimed the officers were simply following superiors’ orders to clear a public space after a protest.
A lawyer representing Gugino did not respond to a request for comment.
Crucial Quote
“I’ll stand by the fact that charges should have been filed,” Flynn said at a press conference. “If I had to go back over again, I’d do the same thing, without any question.”
Key Background
A video of police pushing Gugino to the ground, where he laid motionless as a pile of blood formed around his head, went viral on social media. The incident coincided with months of protests over police misconduct, and for some of those activists, Gugino’s fall was a searing example of their concerns. Meanwhile, fellow Buffalo police officers rushed to show solidarity with Torgalski and McCabe, and the city’s police union argued the officers didn’t intend to hurt Gugino, but instead knocked him down because he interfered in their efforts to clear a downtown Buffalo plaza. Trump, for his part, defended the officers by baselessly accusing Gugino of being a member of antifa engaged in a nefarious anti-police plot.
Tangent
The Buffalo Police Department suspended Torgalski and McCabe following the incident. It’s unclear whether they’ll return to work following the grand jury’s dismissal (the department did not respond to a request for comment).
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