Two Buffalo PD officers who shoved 75-year-old charged with felony assault, plead not guilty as cops protest
The two police officers who were seen shoving a 75-year-old man who was protesting outside City Hall in Buffalo, New York, on Thursday night in a video that went viral were each charged with one count of assault in the second degree. More than 100 police officers, firefighters, and others assembled outside the courthouse to protest against the charges against the two cops who were identified by the prosecutors as 39-year-old Aaron Torgalski and 32-year-old Robert McCabe.
Both Torgalski and McCabe pleaded not guilty to the charges and were released on personal recognizance. The Erie County district attorney, John J. Flynn, told media after the arraignment, "We had two of our police officers who crossed the line. My job is to prosecute those who have violated the law, plain and simple. And I believe, and I’m alleging, that these two officers violated the law."
He also said, "You don’t take a baton and shove him,” also pointing out the other officer shoved the protestor with his hand. “That’s what you don’t do. You properly arrest him if he was committing a crime.” He also added that the protestor was hospitalized and still in critical condition. It must be noted that under the current New York law, a person who attacks someone who is aged 65 or older and younger than the victim by a decade or more can be charged with felony assault, Flynn informed. This means that if the officers were to be convicted, they would face up to seven years in prison.
The charges were filed against the two officers after a video shot by WBFO, a local radio station, went viral online. In the video, the two cops were seen shoving Martin Gugino, who is an activist and a member of the Western New York Peace Center after he approached the cops. He fell hard on his back, and a pool of blood was seen. This resulted in the cops being suspended without pay but that was after the police department initially claimed that the protester had tripped.
The viral video elicited outrage over how a protest against police brutality against George Floyd saw more police brutality. While a section of the public was outraged over the video, the suspension of the officers incited outrage from the rank and file. As a result, all 57 officers on the Emergency Response Team quit their unit. Both McCabe and Torgalski were members of this team.
Meanwhile, President of Buffalo Police Benevolent Association John Evans told WIVB-TV that the charges slapped against the officers were "totally unwarranted". He also thanked fellow police officers, firefighters and others who had gathered outside the courthouse to protest against the same. He said, "It was tremendous, tremendous to see. I just think it’s a strong indication of the outrage basically over this travesty.”
A few counter-protesters chanting "Support good cops, not bad cops" among other slogans were also present outside the courthouse. When the cops left the courthouse, supporters cheered for them and even applauded them, going as far as to hold a sheet against them to protect them against the cameras set up outside.