It is alleged that on Thursday,
June 4, 2020, at approximately 8:00 p.m., the two defendants, who are Buffalo
Police officers, pushed a protester outside of City Hall, causing him to fall
and hit his head on the sidewalk.
The 75-year-old male victim was
taken to ECMC to be treated for a head injury, loss of consciousness, and
bleeding from the right ear. He remains hospitalized in critical condition.
Officers Robert McCabe and
Aaron Torgalski plead not guilty to second-degree assault in a virtual
arraignment in Buffalo City Court. The two have been released and will return
to Erie County Court on July 20 for a felony hearing.
The charges against the two
officers are felonies due to Gugino's age. Flynn cited a state law that allows
for felonies to be levvied against anyone who is ten years younger than a
victim age 65 and above. Torgalski and Gugino are ages 39 and 32, respectively.
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