Two Buffalo cops have been arrested and charged with second degree assault after they shoved a 75-year-old peace activist to the ground Th...
Two Buffalo cops have been arrested and charged with second degree assault after they shoved a 75-year-old peace activist to the ground Thursday causing him to crack his head open on the sidewalk, as hundreds of colleagues gathered outside the city court in solidarity to cheer their release without bail.
Aaron Torgalski and Robert McCabe were each charged with one count of assault in the second degree in a court hearing Saturday morning over the shocking incident that left peaceful protester Martin Gugino in a 'serious condition' in hospital.
The cops were arraigned in a virtual court hearing where they both pleaded not guilty to the charges and the two cops hid from the view of the camera.
They each face up to seven years in prison if convicted of the class D felony. They were released without bail and will appear back in court on July 20.
Torgalski and McCabe walked out of the courthouse moments after the ruling and were greeted with a hero's welcome from crowds of non-uniformed colleagues and cops who clapped and cheered in support of the two officers.
Aaron Torgalski (left) and Robert McCabe (right) pictured in their mugs. They were each charged with one count of assault in the second degree in a court hearing Saturday morning over the shocking incident that left peaceful protester Martin Gugino in a 'serious condition' in hospital
McCabe (left) is pictured in the virtual arraignment where both cops hid from the cameras and pleaded not guilty to charges
Torgalski and McCabe appeared virtually in the courtroom Saturday. They face a maximum seven-year prison term
DA John Flynn said the two police officers had 'crossed the line' and 'violated the law' in what he described as the 'very unfortunate incident' in a press conference announcing the charges Saturday morning.
'Whenever you have different entities - you're always going to have individuals that cross the line and this is what we have to address,' he said.
'We obviously had a very unfortunate incident that occurred here Thursday night in the City of Buffalo,' he said.
'We had two of our police officers cross the line. We had two of our police officers charged and arrested this morning.'
He added that Gugino was just 'a harmless 75-year-old man' and said the initial reports that he fell backwards and hit his head 'obviously not true'.
Flynn insisted the decision does not show he is 'taking sides' with protesters as he revealed 39 protesters have also been charged in the city.
'Some may say I'm choosing sides here by arresting and prosecuting police officers and I say that is ridiculous. I'm not choosing sides... I'm on this country's side,' he said.
Flynn explained that the severity of the charges was necessary because the law in New York states that if the victim is 65 years or older and the perpetrator is 10 years younger than them then it is classed as a felony charge.
Aaron Torgalski and Robert McCabe were arrested and charged Saturday over the shocking incident (pictured) that left peaceful protester Martin Gugino in a 'serious condition'
Gugino, a longtime peace activist from Amherst, had been at a protest at Niagara Square near Buffalo City Hall when he was pushed. He hit his head on the ground causing it to bleed
'The victim is a 75-year-old,' he said. 'I have to follow the law.'
He admitted that if Gugino was under the age of 65 'most likely' the officers would have been given lesser charges of a misdemeanour, which carries a maximum of up to 364 days in jail.
When pushed on whether the charges would stand, he said the 'only thing I need to do is show the birth certificate' of the victim.
The only question a jury will then need to decide 'is whether or not [the actions of the officers were done with] intent or reckless'.
Flynn also said it is too simple to think the conflict in the city and across the US is between law enforcement on one side and society on the other as he pleaded both cops and protesters to find 'peace'.
A large group of law enforcement officers gathered outside the Buffalo city court Saturday morning in a show of support for their colleagues
Hundreds of cops were pictured huddled outside the court using jackets and umbrellas to block the view of the media Saturday morning
The crowd of supporters started gathering before 9a.m. Saturday outside the courthouse before moving to the area by the holding center
Members of the crowd were seen deliberately blocking members of the media who had gathered at the scene
'We obviously have a conflict in this country and I don't think it's fair to characterise the conflict as two sides - law enforcement versus society,' he said. 'It's much more complex than that.'
He also admitted he was ready to arrest the two cops Friday afternoon but held back, after the entire 57-strong Buffalo Police Department's Emergency Response Team resigned in outrage at the two cops' suspension without pay, saying he feared the city would not be safe if he made the move then.
Several hundred law enforcement officers - most of them white men not wearing face masks or practising social distancing - gathered outside the Buffalo City Court Saturday morning in protest over the treatment of the two cops.
DA John Flynn said the two police officers had 'crossed the line' and 'violated the law' in what he described as the 'very unfortunate incident' in a press conference announcing the charges Saturday morning
They started congregating before 9a.m. in the latest show of support of their colleagues, causing authorities to shutter the road from West Eagle to Niagara Square to traffic.
The crowd then moved to the holding center in front of the courthouse at around 9:30a.m. where it appeared they were being addressed by a speaker.
Members of the crowd were seen deliberately blocking members of the media who had gathered at the scene.
At one point the group broke out in raucous clapping and applause.
By mid-morning the group had grown even bigger.
A handful of protesters demanding an end to police brutality also started gathering, with one man shouting 'I can't breathe' and saying 'I only support good cops'.
At around 11:30a.m. the two cops left the courthouse and were met with cheers and clapping from the group gathered.
New York Governor Andrew Cuomo welcomed the news of the charges and praised the Buffalo mayor and DA for acting quickly following the incident, one day after the governor said the footage made him 'physically sick' and had called for the two cops to be fired and face criminal charges.
A handful of protesters demanding an end to police brutality also started gathering, with one man (center) shouting 'I can't breathe' and saying 'I only support good cops'
The show of support came after the entire 57-strong Buffalo Police Department's Emergency Response Team resigned Friday in outrage at the two cops' suspension without pay
At around 11:30a.m. the two cops left the courthouse and were met with cheers and clapping from the group gathered who shielded them from view
'In Buffalo, we saw the video. What we saw was horrendous and disgusting and I think illegal,' Cuomo said during his press conference Saturday.
'I think what the mayor did and the DA did is the right thing.'
Cuomo added: 'A bad police officer is the enemy of every good police officer.'
The governor said he 'applauds' the rapid response from Buffalo authorities and pointed to mistakes made in Minneapolis where delays in bringing charges against the cops responsible for George Floyd's death sparked outrage across the nation.
The shocking footage showed the elderly man approaching Buffalo police officers in riot gear outside City Hall on Thursday
The two officers then shove him before he staggers and falls to the ground hitting his head with a crack
'I think there was criminal liability from what I saw on the video and I think what the mayor did and the DA did was right and I applaud them for acting as quickly as they did,' said Cuomo.
'There's no tolerance for delaying justice in society anymore - justice delayed is justice denied.'
Cuomo had urged the city to pursue criminal charges against the officers in his press briefing Friday.
'I was sick to my stomach... it was the same feeling I had for 90 of the past nights when I got the death tolls for coronavirus. I was physically sick to my stomach,' he said of the footage.
Buffalo Police Commissioner Byron Lockwood released a statement Saturday afternoon saying the officers continue to be suspended without pay and said he was 'proud' of how most officers have handled 'one of the most difficult times in our history'.
'My officers have been through, and continue to work through, one of the most difficult times in our history. I stand by the men and women of the Buffalo Police Department and I'm proud of how they have handled the vast majority of the situations and encounters that they have faced,' he said.
A Change.Org petition calling for the firing of Torgalski has gained more than 400,000 signatures while separate footage has surfaced of officers from the same department violently tackling another protester from behind.
The petition reached 436,720 signatures as of 8a.m. Saturday morning.
It claims Gugino was 'trying to return an officers helmet he found' and says Torgalski was 'abusing his power as a police officer for NO REASON'.'
A Change.org petition calling for the firing of one of the cops reached 436,720 signatures as of Saturday morning
'Aaron Torgalski should not be in control of our safety! This man does not deserve a badge! This man should not be allowed to hold a gun and carry out the law! Fire him! And the others involved!!!' the petition reads.
Outrage has been building since the footage emerged of elderly peaceful protester Gugino being pushed to the ground by the Buffalo cops, cracking his head on the sidewalk and lying unconscious in a pool of his own blood on the ground as officers continue to walk around him.
The incident has sparked massive divides between officials with Cuomo blasting the incident while Buffalo Mayor Byron Brown hit out at the elderly protester.
Brown appeared to defend the actions of the officers in his Friday press conference - less than 24 hours after he had suspended them without pay.
He branded 75-year-old Gugino an 'agitator' who tried to work up the crowd and said he had been asked to leave the area 'numerous' times.
'What we were informed of is that that individual was an agitator. He was trying to spark up the crowd of people. Those people were there into the darkness. Our concern is when it gets dark, there is a potential for violence,' Brown said.
Buffalo Mayor Byron Brown on Friday said he would not call for the cops' termination ahead of the investigation, saying it was important they get 'due process'
'There has been vandalism, there have been fires set, there have been stores broken into and looted. According to what was reported to me, that individual was a key major instigator of people engaging in those activities.'
The mayor said he would not call for the two officers to be fired amid the ongoing investigation, adding it was 'very important they get due process.'
He also addressed the police department's initial statement on the incident which said Gugino had 'tripped and fell.'
'I will be the first to say that initial communication was an error, but it was a desire to respond to media inquiries really quickly and to provide information to the community quickly,' he said.
Martin Gugino (pictured) was in a serious but stable condition Friday at Erie County Medical Center following the altercation with cops which left him lying in a pool of his own blood on the sidewalk in front of City Hall Thursday night
After video footage of the incident emerged, Brown said officials corrected their statement and took immediate action.
When asked about the 57 members who resigned, he said the city had 'contingency plans' and assured 'Buffalo will be safe this weekend.'
'I want people out in our community peacefully protesting to know everyone who is peacefully protesting will be protected,' he said.
Brown's comments Friday seemed to backpedal on his previous condemnation of the incident in a statement late Thursday where he said he was 'deeply disturbed by the video.'
It also marked a change of tune after he made the decision, together with Buffalo Police Commissioner Byron Lockwood, to immediately suspend the two cops without pay Thursday.
His backtracking came just hours after 57 officers in the Emergency Response Team resigned from their positions in 'disgust' at the treatment of their two colleagues.
The Buffalo Police Benevolent Association confirmed Friday that all members of the department's Emergency Response Team had resigned.
They have not resigned from the Buffalo Police Department - only the Emergency Response Team they were serving on.
'Fifty-seven resigned in disgust because of the treatment of two of their members, who were simply executing orders,' PBA president John Evans said.
The shock move from the team came after Erie County District Attorney's Office confirmed it was investigating the officers for potential criminal liability.
'The Erie County District Attorney's Office continues to investigate the incident captured on video outside City Hall Thursday evening that resulted in the injury of (a) protester,' a spokeswoman for the office said in a statement on Friday.
However, two cops have since spoken out saying that claims they resigned in solidarity with McCabe and Torgalski are untrue and that they - and several colleagues - actually made the decision because the union said it would not legally back the officers.
'I don't understand why the union said it's a thing of solidarity. I think it sends the wrong message that 'we're backing our own' and that's not the case,' one anonymous officer told 7 Eyewitness News.
'We quit because our union said [they] aren't legally backing us anymore. So why would we stand on a line for the City with no legal backing if something [were to] happen? Has nothing to do with us supporting,' said another.
'Some of them probably resigned because they support the officer,' said another cop. 'But, for many of us, that's not true.'
The sound of a crack is heard on the video before blood is seen trickling out of the man's head. He remains lying on the ground before being rushed to hospital
Gugino's (pictured) friend Terrence Bisson told Buffalo News the 75-year-old is a peaceful activist who has campaigned against several issues including nuclear disarmament, the detainment of migrant children, climate change and Guantanamo
Many of the officers continued marching, while two cops leaned over to check on the man
Gugino's friend Terrence Bisson told Buffalo News Friday the 75-year-old is a peaceful activist who has campaigned against several issues including nuclear disarmament, the detainment of migrant children, climate change and Guantanamo Bay.
Bisson said the elderly man, who has a YouTube channel where he discusses such issues, would 'never resist physically any kind of orders'.
'He's a gentle person who really believes that he must stand up for what he thinks is right,' he said.
'That's why he went to the demonstration. He would never resist physically any kind of orders,' Bisson said. 'He's a bit frail, not because of his age. He has some health problems.'
The shocking footage of Thursday night's incident sparked outrage as protesters continue to gather across the US demanding an end to police brutality following the death of George Floyd in police custody last week.
The video, which was taken by a reporter from local radio station WBFO, shows Gugino, a longtime peace activist from Amherst, approaching a line of officers in riot gear outside Buffalo City Hall after the city's 8pm curfew on Thursday.
The protester has been at a demonstration at Niagara Square.
As he tries to speak to the officers, they immediately begin shouting at him to move along, before one of them pushes him with a baton and a second cop shoves him with his hand.
The elderly man is then seen staggering before falling back and hitting his head on the sidewalk.
The sound of a crack is heard and then blood is seen pouring from his head.
In the horrifying scenes, most cops ignore Gugino who lies unresponsive and bleeding on the ground and keep marching past.
The cop who pushed him with a baton is seen pausing to lean over him, before he is motioned away by another officer.
Someone is then heard calling for a medic for the man.
Gugino was taken to Erie County Medical Center where he was being said to be in a serious but stable condition.
The incident took place amid nationwide protests against police brutality following the death of black man Floyd when white cop Derek Chauvin knelt on his neck for almost nine minutes until he died of asphyxiation.
The horrifying footage of the old man left lying in a pool of his own blood on the sidewalk in front of City Hall was widely circulated on social media, sparking outrage and prompting calls for the officers involved to be fired.
The police department has also been criticized over its initial statement claiming the man 'tripped and fell.'
It comes as the NYPD, as well as police officers across the country, have come under fire for using excessive force on people protesting peacefully.
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