Two Buffalo officers who were caught in video shoving a 75-year old man to the ground at a George Floyd protest on Thursday, were charged Saturday with second-degree assault.
The two officers were originally suspended with pay, but it’s safe to say now that there positions have been terminated.
Officers Robert McCabe, 32, and Aaron Torgalski, 39, pleaded not guilty to the charges of second-degree assault, a felony, and will be released on their own recognizance, according to NBC affiliate WGRZ in Buffalo. They are both scheduled to return to court on July 20 for a felony hearing.
The now-viral video of the incident shows longtime social justice activist Martin Gugino, 75, approaching a large group of officers in tactical gear and saying something. The officers yell for him to move back then pushes him, and Gugino ends up on the ground with blood coming from his head.
Before video was released, officers said that Gugino tripped, but that clearly wasn’t the case.
Erie County District Attorney John Flynn said in a press conference after the arraignment that McCabe and Torgalski “clearly crossed the line.”
“I can’t turn a blind eye to that,” he said.
After the incident, nearly 57 officers said they weren’t doing any emergency work for the city again.
New York Gov. Andrew Cuomo at a news conference Saturday said, “There’s no tolerance for delay of justice in society anymore.”
Gugino was taken to Erie County Medical Center in Buffalo and was in serious but stable condition.
As of Saturday, Gugino was still recovering at the hospital and is reported to be “alert and oriented” according to his attorney, WGRZ reported.
There investigation is still ongoing.
