The incident caught the country’s attention when a news crew recorded a video of Martin Gugino being pushed by officers Robert McCabe and Aaron Torgalski in downtown Buffalo as riot police used riot gear to disperse protesters on the 8th. night.
Gugino, who was pushed back, began to bleed after hitting his head on the sidewalk and spent about a month in hospital with a skull fracture and brain injury.
Buffalo police initially said in a statement that a man was “injured when he stumbled and fell” before the video of the incident was released.
In a ruling Friday, Referee Jeffrey Selchick wrote: “At the hearing, there is no evidence to support any claim that the Respondents [police officers] he had other viable options besides keeping Gugino out of his way. “
Gugino lies on the ground after being pushed by police in Buffalo, hitting his head on the sidewalk on June 4, 2020. (Jamie Quinn / Reuters)
The level of violence used by the officers was justified because Gugino refused to comply with orders to leave the scene, acted erratically and walked right in front of McCabe, according to Selchick.
“The use of force by the respondents did not reflect any intention on their part to do more than remove Gugino away from them,” he wrote.
McCabe and Torgalski were suspended without pay and arrested within days of the incident, but last year a large court refused to indict them and the charges were dropped.
A Gugino lawyer who has sued the city told Buffalo News that the decision has nothing to do with the lawsuit.
“We do not know of any case where this referee has ruled against the current police officers, so his decision here on behalf of the police was not only expected of us, but was certainly expected of the club and the city that chose him and paid him. “Melissa Wischerath told the newspaper.
CLOCKS An elderly man was pushed and injured by Buffalo police in a video incident. Warning: This video contains graphic content:
GRAPHIC CONTENTS WARNING: An elderly man was pushed and injured by Buffalo police in a video incident
The man was in a protest that was coming to an end when police pushed him and hit his head on the sidewalk. Two police officers were made available. 0:35
Police Commissioner Joseph Gramaglia said in a statement that he would reinstate the two officers on Monday, the newspaper reported.
Emails asking for comment were left Sunday with a lawyer representing the city, who supported the disciplinary charges, and the Buffalo Police Association.
