The two Buffalo police officers who are accused of pushing a 75-year-old protester to the ground after a protest in Niagara Square have pleaded not guilty to second degree assault charges, a class D felony, in city court Saturday. 


What You Need To Know

  •  Two Buffalo police officers  pleaded not guilty to second degree assault charges, a class D felony, in city court

  • Officers Torgalski and McCabe are scheduled to return on Monday, July 20, 2020 at 9:30 a.m. for a felony hearing

  • Hundreds of Buffalo police officers gathered outside the city court building to show their support for their comrades

  • If convicted on the charge, the maximum possible sentence is 7 years in prison

Officers Aaron Torgalski and Robert McCabe appeared virtually facing a judge for the first time.

Both pleaded not guilty and both are being released on their own recognizance.

Torgalski and McCabe are scheduled to return on Monday, July 20, 2020 at 9:30 a.m. for a felony hearing, according to a statement from Erie County District Attorney John Flynn. If convicted on the charge, the maximum possible sentence is 7 years in prison.

“The officers remain suspended without pay following my order for an immediate internal investigation into the incident,” said Buffalo Police Department Commissioner Byron C. Lockwood. “These last few weeks have obviously been a very challenging time not only for our city and community, but for our entire nation, as we grapple with some very critical issues.”

Before the two appeared in court, hundreds of Buffalo police officers gathered outside the city court building to show their support for their comrades.

Members of the buffalo fire department and the Erie County Sheriff's department also gathered this morning.

They all waited outside the building through the entire arraignment until officers Torgalski and McCabe were finished.

This all started Thursday because of a video showing 75-year-old Martin Gugino being pushed to the ground, causing him serious injuries.

Gugino was in Niagara Square as police tried to clear peaceful protesters from the area.

The video went viral, viewed and shared from around the world, as people across the country continue protesting not only the death of George Floyd in Minneapolis, but police brutality.

All 57 of the Buffalo police officers on the department's Emergency Response Team have resigned from their positions on the special unit following Thursday’s incident.

“My officers have been through, and continue to work through, one of the most difficult times in our history. I stand by the men and women of the Buffalo Police Department and I'm proud of how they have handled the vast majority of the situations and encounters that they have faced,” Lockwood said. “I hope and pray that we can all work and grow together as we move forward in the City of Buffalo.”

Buffalo Mayor Byron Brown released a statement on the arraignment.

"As I have repeatedly said, my administration believes in due process for the officers," Brown said. "I also continue to pray for the full recovery of the injured person. As a community we must continue to bridge the gap between our law enforcement personnel and the many residents and peaceful protestors who I believe all want the same thing: a safe and equitable society, systematic reforms to eliminate prejudice and bias, and a prosperous and unified City of Buffalo."

Brown went on to state that he believes the department should be reformed.

"In reflecting on this situation, my administration believes this as an opportunity for the Buffalo Police Department to reform and further progress into the Community Police Officer Model that Commissioner Lockwood has been steadfastly implementing. I have directed the Commissioner to further engage the community, as I do the same, so that we can collaboratively and expeditiously realize our shared vision of a Police Department in which every officer is truly a community police officer, with the health, safety, and welfare of our community at the forefront of every decision made by every officer."