Arbitrator rules that Buffalo police officers didn’t violate use-of-force guidelines when they pushed a 75-year-old protester to the ground in June 2020.
of Martin Gugino being shoved by officers Robert McCabe and Aaron Torgalski in downtown Buffalo, as crowd control officers in riot gear cleared demonstrators for an 8 p.m. curfew.
Gugino, pushed backward, started bleeding after hitting his head on the pavement and spent about a month in the hospital with a fractured skull and brain injury.In a decision Friday, arbitrator Jeffrey Selchick wrote, “Upon review, there is no evidence to sustain any claim that Respondents had any other viable options other than to move Gugino out of the way of their forward movement.”
The level of force used by the officers was justified because Gugino refused to comply with orders to leave the scene and was acting erratically, and walked directly in front of McCabe, according to Selchick. “The use of force employed by Respondents reflected no intent on their part to do more than to move Gugino away from them,” he wrote.
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