Incident

Date Jun 04, 2020
Department Buffalo Police Department
Officers Aaron M. Torgalski , Robert J. Mccabe Iii , John Losi , Joseph(Joe) A. Gramaglia Iii
Address Buffalo, NY

Incident Description

CW: While at a Black Lives Matter protest, 75-year old peace activist Martin Gugino approached a line of riot police stopping in front of the them to talk, one officer yelled “push him back”; one officer pushed his arm into Gugino’s chest, while another extended his baton toward him with both hands.

When the officers pushed Gugino, he stumbled backward and fell, striking the back of his head directly onto the concrete pavement of Niagara Square. He immediately lost consciousness and began bleeding heavily from his right ear.

An officer leaned down to examine him, but another officer pulled the first one away. Several other officers walked by Gugino, as he remained motionless on the ground, without checking on him.

Outcome

Gugino suffered a severe, acute skull fracture from the impact of his head hitting the pavement. The impact resulted in a closed-head traumatic brain injury (TBI) and a severe concussion, which initially left him in critical condition. The TBI affected his motor skills and for nearly two weeks following the incident, Gugino was completely unable to walk.

After nearly a month of hospitalization, Gugino was discharged to a rehabilitation center where he could only walk "with a little help" using a mobility aid. Due to the location of the skull fracture and the trauma (which caused the visible bleeding from his ear), Gugino suffered permanent damage to his hearing.

Gugino required nearly four weeks of inpatient medical care, beginning in the Intensive Care Unit (ICU) at Erie County Medical Center (ECMC), followed by an extensive period of physical and cognitive rehabilitation.

The two officers were temporarily suspended by Buffalo Police Commissioner Byron Lockwood. An Internal Affairs investigation was completed. The District Attorney's office of John Flynn charged the two officers that pushed Gugino with felony assault. However, a grand jury chose not to indict.

Martin pursued a civil lawsuit against the City of Buffalo.

On March 9th, 2026 Marty passed away peacefully in Tampa, Florida, surrounded by his close family. His niece has been substituted as the Executrix of Martin's Estate for the ongoing litigation.

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