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. Gugino feel backward, with blood immediately leaking from his right ear. An officer leaned down to examine him, but another officer then pulled the first officer away. Several other officers walked by Gugino, motionless on the ground, without checking on him.
Outcome
The two officers were immediately 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 is continuing to litigate a civil suit against the City of Buffalo.
Links
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Buffalo police cleared over pushing 75-year-old George Floyd protester
An arbitrator has ruled that two Buffalo police officers did not violate use-of-force guidelines when they pushed a 75-year-old protester to the ground in June 2020, during racial injustice protests following the murder of George Floyd in Minneapolis. Gugino, pushed backward, started bleeding after hitting his head on the pavement. He spent about a month in the hospital with a fractured skull and brain injury. - The Guardian
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Arbitrator decision Officers McCabe & Torgalski
The arbitration was conducted under the Collective Bargaining Agreement between the Buffalo Police Benevolent Association, Inc. and the City of Buffalo. The Charge claimed that on June 4, 2020 the Respondents “used unnecessary force and/or violence against Martin A. Gugino, a protester being dispersed, by forcibly pushing him causing him to fall to the ground and strike his head” Both officers were found not guilty of the Charges, and had their charges dismissed. - Mike McAndrew
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Questioning of Buffalo cop about tattoos, Army training cause dust-up in lawsuit over protest shove
The lawyer for McCabe later complained to a federal magistrate that Gugino's lawyer asked nine questions that used the verb “kill.” The deposition ended abruptly after Gugino's lawyer used the word "assault" in his question to describe the actions of another officer against another demonstrator during a protest against police violence held days before the one on June 4, 2020, when Gugino was hurt. - Patrick Lakamp
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Gugino v. City of Buffalo (1:21-cv-00283)
Civil rights action filed for violating the constitutional rights of Martin Gugino, specifically, his rights to freedom of speech, peaceful assembly, petition the government for redress of grievance, movement, unreasonable seizures, and freedom from the unlawful use of force by government agents, and to due process of law. Litigation still ongoing. - District Court, W.D. New York | CourtListener
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Buffalo Mayor Brown statement in response to incident
After a physical altercation between two separate groups of protesters participating in an illegal demonstration beyond the curfew, two Buffalo Police officers knocked down a 75-year-old man. The victim is in stable but serious condition at ECMC. I was deeply disturbed by the video, as was Buffalo Police Commissioner Byron Lockwood. He directed an immediate investigation into the matter, and the two officers have been suspended without pay. After days of peaceful protests and several meetings between myself, Police leadership and members of the community, tonight's event is disheartening... - Mayor Brown
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Another Angle of the Incident
In a the longer version from another angle WKBW captures citizens begging the Buffalo Police to do something while they stand there. Their initial reaction was to chase off witnesses. - WKBW
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Another Angle of the Incident
Police enforce the 8 p.m. curfew in Niagara Square. - Anthony Nelson
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57 Buffalo cops resign from team after two are suspended for pushing elderly man to the ground
The entire Buffalo Police Department Emergency Response Team resigned to support two police officers who pushed an elderly man to the ground in a viral video. - The Washington Times | Gabriella Muñoz
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Buffalo police officers applauded by their colleagues as they leave the courthouse
Buffalo cops fractured the skull of a 75yo, left him bleeding out of his ear to die while they chased away witnesses – and the rest of Buffalo PD shows up to court to applaud them - MSNBC
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Donald Trump tweets about Martin Gugino
"Buffalo protester shoved by Police could be an ANTIFA provocateur. 75 year old Martin Gugino was pushed away after appearing to scan police communications in order to black out the equipment. @OANN I watched, he fell harder than was pushed. Was aiming scanner. Could be a set up?" - Donald Trump
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Elderly Buffalo Protester Getting Death Threats ... Not Safe to Go Home
The elderly man who was violently shoved to the ground by cops in Buffalo can't go home whenever he's released from the hospital ... because there are threats against his life. - TMZ
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Trump’s attack on Buffalo peace activist part of expanded war on left
Citing the far-right outlet One America News Network (OANN) – earlier published online by The Conservative Treehouse website – Trump said Gugino might be “an ANTIFA provocateur” and claimed that the peace activist was aiming a scanner at the officers. Trump said that the US government would be “designating ANTIFA as a Terrorist Organization” – an apparent attempt to find a scapegoat for the widespread protests in the wake of the Minneapolis police killing of George Floyd. - The Electronic Intifada | Michael F. Brown
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Buffalo Police said Protester with Head Wound "Tripped and Fell." Video Shows They Lied
Police officers in Buffalo, New York were caught on camera shoving a 75-year-old protester to the ground, injuring him at a protest against police brutality. - The Intercept | Robert Mackey
Videos
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Two Buffalo police officers shove a man to the ground in front of City Hall (WARNING: GRAPHIC)
CW: Video captured by WBFO on June 4, 2020 show two Buffalo police officers shoving a 75-year-old man to the ground during a protest in front of City Hall, causing an injury that left him bleeding from his ear. - WBFO