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A western New York grand jury has dismissed assault charges against two police officers who pushed an elderly protester to the ground during a George Floyd protest in June.
Buffalo Police Department officers Robert McCabe and Aaron Torgalski had been charged with felony charges for pushing 75-year-old Martin Gugino to the ground, fracturing his skull and causing his head to bleed.
The charges were dismissed by a grand jury, which voted not to charge the cops, Erie County District Attorney John Flynn said at a press conference on Thursday.
Flynn defended himself from bringing felony charges against the officers at Thursday’s press conference, saying video footage of the push clearly showed the officers had committed a felony.
“I apologize for nothing,” Flynn said.
He added that Gugino “shouldn’t have been rushed” but said he agreed the activist should have been arrested because he was breaking a curfew the town was in at the time.
Gugino spent a month in a hospital recovering from a broken skull and brain injury after breaking his head on the ground during the altercation with police.
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