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John Evans, president of the Buffalo Police Benevolent Association, told the Buffalo News: “Obviously, we are delighted with their decision. These agents were put through hell and I can’t wait to see them at work again.
Flynn, echoing previous statements, said he didn’t necessarily think the altercation reached the level of a felony, but that state law required prosecutors to lay such a charge when a victim has at least 65 years old and the alleged perpetrators are at least 10 years younger. .
Responding to criticism that he had slowed down or ‘bagged’ the case, Flynn said prosecutors made an in-depth presentation to the grand jury but, citing rules of secrecy, said he could not discuss witnesses called or evidence presented. The grand jury heard the case late due to the coronavirus-related court closures, he said.
Flynn said throughout the investigation, video of the flare-up remained the main evidence.
“It was not the JFK assassination,” Flynn said. “It wasn’t that complex as a case. The video that was taken speaks for itself. “
A news crew covering the protests in downtown Buffalo last June following Floyd’s death in Minneapolis captured video of officers pushing Gugino to the ground outside City Hall as screening officers Crowds in riot gear were evacuating protesters from the area for an 8 p.m. curfew.
Gugino, pushed back, began to bleed after hitting his head on the sidewalk and spent about a month in hospital with a broken skull and brain injury.
McCabe and Torgalski were suspended without pay and arrested within days. They pleaded not guilty and were released without bail pending further developments. Flynn told a press conference Thursday that national attention to the case had no bearing on his decision to immediately charge the officers.
“All I need is a probable cause for an arrest,” Flynn said. “When I go to trial, however, I need it beyond a reasonable doubt. At this point, right now, it’s 50/50 in my mind as to whether that was intentional or reckless. If it’s 50/50, it’s not beyond a reasonable doubt. This analysis is being taken into account in my mind, but I cannot explain to you what was going on in the minds of the (grand jurors).
The Buffalo News reported that the Buffalo Police Department would initiate an internal affairs investigation, a development that had been put on hold due to the criminal case. A message requesting comment was left with a police spokesperson.
Following the suspension of officers, nearly 60 other members of the department’s crowd control unit said they would no longer be part of the unit, effectively shutting it down.
The city responded by replacing the emergency response team with a public protection unit designed to work with groups seeking peaceful protest. Other reforms in the wake of the protests included stopping arrests for low-level, non-violent offenses like possession of marijuana and making it easier for the public to view the police corps camera video.
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