An Erie County, New York, grand jury has dismissed felony assault charges against two Buffalo police officers who shoved a 75-year-old man to the ground during a protest over George Floyd’s death, according to reporter Marlee Tuskes.
Martin Gugino was shoved to the ground by Officers Aaron Torgalski and Robert McCabe. Gugino was released from the hospital June 30 after spending 26 days there, according to news reports citing a statement by his attorney.
The longtime volunteer and peace activist suffered a severe head injury during the June 4 incident that was captured on video that went viral on social media.
The controversy that erupted added to the national debate about police brutality in the wake of Floyd’s death on Memorial Day after a Minneapolis officer held him down with a knee on his neck for nearly eight minutes.
Gugino was in the intensive care unit for much of his hospitalization. On June 16, his lawyer, Kelly Zarcone, announced he had a fractured skull and was unable to walk.
Further complicating the matter, false rumors on social media have led to misinformation about Gugino.
President Donald Trump went on Twitter on June 9 and accused Gugino of being a “provocateur” with the American militant anti-fascist movement Antifa.
But there is no evidence of the claims, in which the president cited the conservative right-wing media outlet One America News Network, which is widely known for promoting falsehoods and conspiracy theories.
Law enforcement never indicated that Gugino did anything criminal. Also no charges or complaints have been filed against him in the incident.
He has a total of four arrests during his activism but has zero convictions, according to a fact-check by USA Today.
Footage from the day Gugino was injured shows a large group of Buffalo police in riot gear coming down a sidewalk to enforce the city’s curfew. Gugino is next seen walking calmly up to the helmeted officers.
After exchanging a few words, the officers advance abruptly and push the man, sending him stumbling backward to the ground. He hit his head on the concrete and lay motionless as blood poured from his ears and officers kept moving.
The department initially claimed Gugino “tripped and fell” but were later forced to reverse that statement as video of the incident went viral online.
Torgalski and McCabe were suspended from the force and charged with felony assault before the charges were dismissed Thursday.
All 57 officers who served alongside the men resigned from the tactical unit to protest their suspensions and stood outside the Buffalo courthouse cheering after both pleaded not guilty and were released on bail.
