Grand Jury Dismisses Charges Against Buffalo Cops Who Shoved Elderly Man

A grand jury dismissed the charges against two Buffalo police officers accused of injuring an elderly man during a protest last summer. Officers Robert McCabe and Aaron Torgalski were both charged with felony second-degree assault after a video showed them shoving 75-year-old Martin Gugino to the ground.

Gugino's head hit the pavement as he fell to the ground, and he suffered a fractured skull. His lawyer said that he spent most of June in the hospital recovering from his injuries.

"At the end of the grand jury, the grand jurors voted to no-bill the case. Which means that they dismissed the case," Erie County District Attorney John J. Flynn said.

Despite having the charges dismissed, Flynn said he stands by his decision to charge both officers with a felony.

"There was probable cause at that time to charge that offense, and I stand by that. I make no apologies for it," Flynn said. "And if I had to go back over again, I'd do the same thing. Without any question about it."

The records of the grand jury proceedings are sealed, and it is unclear why they decided to dismiss the charges.

Gugino told WKBW he was shocked by the grand jury's decision to dismiss the charges.

"It's a surprise, and I think the whole world is going to be surprised," Gugino said.

He said that while he was breaking an 8 p.m. curfew, officers should have arrested him, not violently shoved him to the ground.

"You think I am breaking the law, arrest me," Gugino said. "Don't push me down. Where is that in the training manual?"

Both officers remain suspended pending the outcome of an internal investigation.

Photo: Eric County District Attorney's Office