Buffalo police shoving incident

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Buffalo police shoving incident
Assault on Martin Gugino.png
WBFO filmed Buffalo police pushing Gugino to the ground. When an officer went to check on Gugino, another officer pulled him away.
DateJune 4, 2020
LocationNiagara Square, Buffalo, New York
Non-fatal injuriesConcussion and head injury
Arrests2 Buffalo police officers charged with felony assault

On June 4, 2020, amid the George Floyd protests in New York state, police officers from the Buffalo Police Department pushed 75-year-old Martin Gugino during a confrontation in Buffalo's Niagara Square, causing him to fall to the ground which left him bleeding from the ear.[1] Gugino was seriously injured, sustaining a brain injury, and was still unable to walk nearly two weeks later.[2][3][4] He was hospitalized for nearly four weeks.[5]

Two Buffalo police officers were charged with felony assault in connection with the incident; they pleaded not guilty.[6] Governor Andrew Cuomo and Senator Chuck Schumer condemned police conduct in the incident.[7] President Donald Trump spread false and unfounded conspiracy theories about Gugino in his response to the incident on Twitter.[8][9][10][11] On February 11, 2021, Erie County district attorney John Flynn announced that a grand jury had dismissed the charges against the officers.[12]

Martin Gugino[edit]

Martin Gugino, born October 15, 1944, is an American peace activist associated with the Catholic Worker Movement.[13] He worked with the Western New York Peace Center after his retirement, and was also interested in other political issues like Guantánamo Bay and climate change. He is a native of Buffalo but worked later in Cleveland as a computer technician. He resides in Amherst, a suburb of Buffalo.[14]


External video
video icon Footage of the assault on 75-year-old Martin Gugino, filmed by a WBFO news team

During the George Floyd protests in New York state, the Mayor of Buffalo, Byron Brown, instituted a daily curfew in the city from 8:00 p.m. to 5:00 a.m. Not long after the curfew began on June 4, Buffalo Police Department officers and New York State Police officers swept through Niagara Square, where a protest was winding down.[15] The officers were equipped with batons, helmets, and body armor. As they advanced to clear the area in a line, they were approached by Gugino.[16][17]

The encounter lasted six seconds and was caught on camera.[18] Gugino, who was holding a helmet and a phone, approached officers Robert McCabe and Aaron Torgalski.[18][19] Gugino appears to talk to the officers while gesticulating.[20] Initially, McCabe hesitates.[21][22] Some officers yell "Move" and "Push him back! Push him back!"[23][24][25] McCabe pushed Gugino with his baton, while Torgalski used his right hand to push Gugino.[18] A third officer, John Losi, also pushed McCabe, possibly amplifying the force of McCabe's push on Gugino.[21][22][25] After being pushed, Gugino stumbled backwards and fell, hitting the back of his head on the pavement.[17]

After falling, Gugino remained motionless on the pavement, bleeding from the head.[25] McCabe attempted to check on Gugino, but Losi stopped him from doing so, persuading McCabe to keep moving.[17][21][22] More than a dozen Buffalo officers walked past Gugino.[26] Two New York State Police medics aided Gugino.[25][6]


Gugino was taken to a hospital in serious condition where he was treated for a concussion and laceration.[15][27] He was initially treated in the intensive care unit; as of June 9, he was transferred to a regular hospital unit and was reported to be in "fair" condition.[14] On June 15, Gugino's lawyer said Gugino had a fractured skull and was unable to walk.[28] After nearly four weeks, on June 30, he was released from the hospital. According to his lawyer, Gugino would continue rehabilitation, and at that point he could "walk with a little help".[29][30]


Public response[edit]

The incident was filmed by a member of the WBFO news team.[27][7] WBFO uploaded the video of the incident to Twitter at 9:13 p.m. on June 4. The footage became a viral video, accumulating over 70 million views internationally.[7][15]

The incident prompted public outrage.[31] The New York Civil Liberties Union described the incident as "casual cruelty" and called for Buffalo officials to "seriously address the police violence during this week's protest and the culture of impunity that led to this incident".[32][33][23]

Some Facebook posts claimed without evidence that the incident was staged; these posts were labelled as false by both Facebook and PolitiFact.[19]

Initial reactions by local and state officials[edit]

Governor Andrew Cuomo and Senator Chuck Schumer condemned the incident via social media.[7] Erie County District Attorney John J. Flynn said the officers "crossed a line".[34] Cuomo asked why the officers' actions were necessary, described their behavior as "just fundamentally offensive and frightening",[31] and said the city of Buffalo should consider firing them[35] and carrying out a criminal investigation.[36] In a statement that Gugino's lawyer passed on to CNN on June 15, Gugino said he appreciated the concern, but "There are plenty of other things to think about besides me."[28]

After viewing video of the incident, Buffalo Mayor Byron Brown said he was "deeply disturbed" by it. He also said the incident was "disheartening", because in the previous days, protests were "peaceful", while he, the police, and the community were conducting meetings.[1] On June 10, Brown announced impending changes to Buffalo police protocol, including implementing "appearance tickets" for non-violent protesters rather having them face arrest and creating a "public protection unit" to replace the emergency response team, with an emphasis on being better-suited to handle large-scale protests. He also said the police union was "in the wrong".[37][38] Buffalo Bills cornerback Josh Norman and New Orleans Saints linebacker Demario Davis attended this press conference as part of a nationwide tour to help improve awareness to social justice issues, with Davis praising Brown's plans for change.[38]

Initially, media outlets incorrectly reported that Mayor Brown called Gugino an "agitator" and a "major instigator"; Brown was actually referring to another protester, not Gugino. Some media outlets issued corrections on their websites.[39][40][41]

Buffalo police and their union[edit]

On June 4, 8:50 p.m., the Buffalo police department stated that "during [a] skirmish involving protestors, one person was injured when he tripped & fell"; according to The Washington Post, a video of the incident showed that this claim was false.[15][25] The Buffalo police department later said that officers who were not directly involved in the incident had given the description of Gugino's supposedly having "tripped".[25]

By June 4, 11:05 p.m., the two officers who had pushed Gugino were suspended without pay, with the Buffalo police chief ordering for an investigation of the incident.[3][25]

The Buffalo police union, the Buffalo Police Benevolent Association, was angered by the suspensions of the two officers, and it retaliated on June 5 by withdrawing its legal fees support for any other Buffalo officers for incidents related to the protests. The police union's president claimed that the suspended officers "were simply following orders" and "simply doing their job" while also saying the victim "did slip".[42] All 57 police officers from the Buffalo Police Department emergency response team resigned from the team, although they did not resign from the department.[43] According to the police union's president, the mass resignations were a show of solidarity with the two suspended officers.[44] However, his account has been contradicted by two of the resigned officers, who stated they resigned because of a lack of legal coverage. One of these officers said "many" of the 57 resigned officers did not resign to support the two suspended officers.[45]

Criminal charges against officers[edit]

On June 6, officers Robert McCabe and Aaron Torgalski were charged with second-degree assault, a felony.[3][46] Following a virtual arraignment that day, at which McCabe and Torgalski pleaded not guilty, they were released without bail while awaiting a felony hearing.[47][46][48] Erie County district attorney John Flynn announced on February 11, 2021, that a grand jury had dismissed the charges against the officers. The grand jury hearing had been delayed due to the COVID-19 pandemic.[12] On April 10, 2022, an arbitrator ruled that the officers did not violate use-of-force guidelines in the incident.[49]

President Trump's response[edit]

President Donald Trump spread unfounded conspiracy theories regarding the incident on Twitter.[8][9][10][11]

Donald J. Trump Twitter

Buffalo protester shoved by Police could be an ANTIFA provocateur. 75 year old Martin Gugino was pushed away after appearing to scan police communications in order to black out the equipment. @OANN I watched, he fell harder than was pushed. Was aiming scanner. Could be a set up?

June 9, 2020[50]

There is no evidence that Gugino was an "antifa" member,[9][11][51] that the incident was a setup,[10] that Gugino had fallen "harder than he was pushed",[52] or that he was attempting to "scan" police devices.[8] Mobile phone technology cannot "black out" police equipment in the manner Trump described.[8][10]

Governor Cuomo sharply criticized the president during his daily news briefing, saying if Trump "ever feels a moment of decency, he should apologize for that tweet. Because it is wholly unacceptable."[53] When asked to comment on Trump's tweet, Gugino responded via text: "Black Lives Matter".[54] Gugino's lawyer described Trump's tweet as "dark, dangerous and untrue".[8]

The source of the story, One America News Network (OANN), is a far-right cable news channel.[55][56][57] The journalist behind OANN's story, Kristian Rouz, also works for Sputnik News, a Russian news agency frequently described as a propaganda outlet.[58] In his work for OANN, Rouz has spread conspiracy theories and displayed favorable stances towards the Russian government.[59] Rouz himself did not provide any evidence, only referring to a report by The Conservative Treehouse, a right-wing blog.[60] The blog post, written by someone using the pseudonym "Sundance", claimed without evidence that Gugino is a "professional agitator and Antifa provocateur".[61] It is not known who runs the blog.[61] That afternoon, OANN founder and chairman Robert Herring, Sr. tweeted to Trump, "we won't let you down as your source for credible news!", promising a follow-up report.[62]

On June 13, protesters in San Diego, California, gathered outside OANN headquarters,[63] where Herring Sr. challenged the crowd to prove the story was false.[64]


On February 22, 2021, Martin Gugino filed a lawsuit against the city of Buffalo, the officers involved (including one officer that was not charged), mayor Byron Brown, and police commissioners Byron Lockwood and Joseph Gramaglia.[65] The lawsuit claims that several of Gugino's constitutional rights were violated, and the suit also desires to hold the city accountable for "concealing, excusing and/or condoning the unlawful use of force."[66]


  1. ^ a b Miller, Ryan W.; Culver, Jordan; Robinson, David; Hauck, Grace; Taddeo, Sarah (June 5, 2020). "2 Buffalo cops charged with assault after video shows officers shoving 75-year-old man to the ground". USA TODAY. Archived from the original on June 5, 2020. Retrieved June 6, 2020.
  2. ^ DeDario, Lindsay (June 9, 2020). "Buffalo police arraigned for felony assault, elderly protestor still critical". Reuters. Retrieved June 11, 2020.
  3. ^ a b c Acevedo, Nicole (June 12, 2020). "The 75-year-old man shoved to ground by Buffalo police suffered brain injury, lawyer says". NBC News. Retrieved June 12, 2020.
  4. ^ Rose, Jacqueline; Levenson, Eric (June 16, 2020). "Buffalo protester Martin Gugino has a fractured skull and cannot walk". CNN. Retrieved July 2, 2020.
  5. ^ "Buffalo protester Martin Gugino released from hospital nearly 4 weeks after police shoved him". WKBW-TV. June 30, 2020. Retrieved July 2, 2020.
  6. ^ a b Ly, Laura; Christ, Kelly (June 6, 2020). "Buffalo police officers plead not guilty to assaulting 75-year-old man at demonstration". CNN. Retrieved July 4, 2020.
  7. ^ a b c d Cohen, Li (June 5, 2020). "Video shows elderly man hitting his head on the ground after being shoved by police in Buffalo". CBS News. Retrieved June 9, 2020.
  8. ^ a b c d e Goodman, Jack (June 9, 2020). "Martin Gugino: Donald Trump's police scanner tweet fact-checked". BBC Reality Check. Retrieved June 10, 2020.
  9. ^ a b c Cillizza, Chris (June 9, 2020). "Donald Trump's deeply irresponsible conspiracy theory on the Buffalo man injured by police". CNN. Retrieved June 16, 2020.
  10. ^ a b c d Colvin, Jill; Thompson, Carolyn (June 10, 2020). "Trump pushes conspiracy theory about Buffalo protester". Associated Press. Retrieved June 16, 2020.
  11. ^ a b c Feuer, Alan (June 9, 2020). "Trump Falsely Targets Buffalo Protester, 75, as 'Antifa Provocateur'". New York Times.
  12. ^ a b "Charges dismissed against officers who shoved elderly protester". Al Jazeera. February 11, 2021. Retrieved February 11, 2021.
  13. ^ Roberts, Jeff John (June 9, 2020). "GoFundMe donations for elderly Buffalo man injured by police soar after baseless Trump tweet". Fortune. Retrieved June 10, 2020.
  14. ^ a b Becker, Maki (June 9, 2020). "Who is Martin Gugino? Here's what we know". Buffalo News.
  15. ^ a b c d Desmond, Mike; Fetouh, Omar (June 5, 2020). "GRAPHIC VIDEO: Two Buffalo police officers suspended after violently shoving elderly man to ground". WBFO. Retrieved June 5, 2020.
  16. ^ "Elderly protester shoved by Buffalo police suffered 'brain injury,' lawyer says". National Post. Reuters. June 12, 2020. Retrieved July 4, 2020.
  17. ^ a b c "Video of Buffalo police shoving 75-year-old man sparks outrage". CBC. Associated Press. June 5, 2020. Retrieved June 7, 2020.
  18. ^ a b c "Was shoving incident justified for Buffalo Police?". WBEN (AM). June 8, 2020. Retrieved July 4, 2020.
  19. ^ a b McCarthy, Bill; O'Rourke, Ciara; Ramos, Jill (June 9, 2020). "A man's injuries from falling after police officers shoved him in Buffalo, N.Y. were staged". Politifact. Retrieved July 4, 2020.
  20. ^ Jackson, David (June 9, 2020). "Trump pushes unsubstantiated conspiracy theory about Buffalo protester shoved to the ground by police". USA Today. Retrieved July 4, 2020.
  21. ^ a b c Politi, Daniel (June 6, 2020). "Two Buffalo Police Officers Charged With Assault for Shoving 75-Year-Old Protester". Slate. Retrieved July 4, 2020.
  22. ^ a b c Mackey, Robert (June 17, 2020). "Trump's New Favorite Channel, OAN, Keeps Lying About Buffalo Protester Assaulted by Police". The Intercept. Retrieved July 4, 2020.
  23. ^ a b Hernandez, Salvador; Reinstein, Julia. "Buffalo Police Pushed Over A Man In A Graphic Video". BuzzFeed News. Retrieved June 5, 2020.
  24. ^ "Fact check: Trump's baseless conspiracy about protester shoved by police in Buffalo". WRAL. June 10, 2020. Retrieved July 4, 2020.
  25. ^ a b c d e f g Flynn, Meagan; Knowles, Hannah; Iati, Marisa (June 6, 2020). "57 Buffalo officers resign from special squad over suspension of two who shoved 75-year-old". The Washington Post. Archived from the original on July 4, 2020. Retrieved July 4, 2020.
  26. ^ Gilbert, David; Hume, Tim (June 5, 2020). "Cops Shoved This Elderly Man to the Ground and Then Said He 'Tripped and Fell'". Vice. Retrieved July 4, 2020.
  27. ^ a b Moreno, Edward (June 4, 2020). "Elderly man appears unconscious, bleeding from ear after shoved to ground by Buffalo, NY police". The Hill. Retrieved June 5, 2020.
  28. ^ a b Rose, Jacqueline; Levenson, Eric (June 16, 2020). "Martin Gugino: 75-year-old Buffalo protester has a fractured skull and cannot walk". CNN.
  29. ^ "Injured Buffalo protester Martin Gugino released from hospital". WKBW. June 30, 2020. Retrieved July 1, 2020.
  30. ^ Rose, Jacqueline; Kim, Allen; Johnson, Elizabeth (June 30, 2020). "Buffalo protester Martin Gugino has been released from the hospital". CNN. Retrieved July 6, 2020.
  31. ^ a b "Officers suspended after shoving 75-year-old to the ground, cracking his skull". Politico. June 5, 2020. Retrieved June 5, 2020.
  32. ^ Culver, Jordan. "'Utterly disgraceful': New York police officers suspended after viral video shows them shoving 75-year-old man to ground". USA Today. Retrieved June 5, 2020.
  33. ^ Stelloh, Tim; Abdelkader, Rima; Fichtel, Caitlin. "Buffalo police officers suspended after video shows them pushing protester". NBC News. Retrieved June 5, 2020.
  34. ^ Olson, Tyler (June 9, 2020). "Trump takes heat for suggesting man shoved by Buffalo police may be 'ANTIFA provocateur'". Fox News. Retrieved June 10, 2020.
  35. ^ Gronewold, Anna (June 5, 2020). "Cuomo presses Buffalo to 'pursue firing' officers who shoved protester in viral video". Politico. Retrieved June 5, 2020.
  36. ^ "Buffalo police riot squad quit to back officers who shoved man". BBC News. June 5, 2020. Retrieved June 6, 2020.
  37. ^ "Buffalo mayor calls police union a "barrier to reform" after viral video sparks condemnation". www.cbsnews.com. June 11, 2020. Retrieved June 14, 2020.
  38. ^ a b "Buffalo adopts policing changes after protester is hurt". Star Tribune. The Associated Press. Retrieved June 14, 2020.
  39. ^ Kasprak, Alex (June 9, 2020). "Was Pushed Buffalo Protester an 'Antifa' Agitator?". Retrieved June 10, 2020.
  40. ^ Moreno, Edward (June 6, 2020). "Corrected: Buffalo mayor says protester tackled by state police was described as 'major instigator'". The Hill. Retrieved June 10, 2020.
  41. ^ "Buffalo Mayor Defends Police Amid Uproar Over Protest Conduct". The Daily Beast. June 7, 2020. Retrieved June 10, 2020.
  42. ^ Becker, Maki (June 6, 2020). "57 members of Buffalo police riot response team resign after shoving incident". The Buffalo News. Retrieved June 6, 2020.
  43. ^ Licastro, Troy (June 5, 2020). "Entire BPD Emergency Response Team resigns, still work for police department". WIVB. Retrieved June 6, 2020.
  44. ^ Ingersoll, Ali (June 5, 2020). "Buffalo Police Emergency Response Team members resign from special position". WGRZ. Retrieved June 6, 2020.
  45. ^ Carter, Madison (June 8, 2020). "EXCLUSIVE: Two Buffalo Police ERT members say resignation was not in solidarity with suspended officers". WKBW-TV. Retrieved June 9, 2020.
  46. ^ a b Kornfield, Meryl (June 6, 2020). "Two Buffalo police officers charged with assault for allegedly shoving 75-year-old protester". Washington Post.
  47. ^ DeDario, Lindsay (June 6, 2020). "Buffalo police arraigned for felony assault, elderly protestor still critical". Reuters. Retrieved July 10, 2020.
  48. ^ "Man shoved by Buffalo Police: 'The whole system is wrong'". WHAM-TV. October 7, 2020.
  49. ^ "Buffalo police cleared over pushing 75-year-old George Floyd protester". The Guardian. Buffalo, New York: Associated Press. April 10, 2022. Retrieved April 19, 2022.
  50. ^ @realDonaldTrump (June 9, 2020). "Buffalo protester shoved by Police could be an ANTIFA provocateur" (Tweet). Archived from the original on June 9, 2020 – via Twitter.
  51. ^ Jackson, Hannah (June 9, 2020). "Trump floats unfounded theory that 75-year-old protester pushed by police is Antifa". Globalnews.
  52. ^ Yen, Hope; Woodward, Calvin; Seitz, Amanda (June 13, 2020). "AP FACT CHECK: Trump's law and order and misinformation". Associated Press. Retrieved June 16, 2020.
  53. ^ Forgey, Quint (June 11, 2020). "Trump's conspiracy theory on 75-year-old protester draws sharp backlash". Politico. Retrieved June 11, 2020.
  54. ^ Folley, Aris (June 9, 2020). "75-year-old man shoved by Buffalo police responds to Trump tweet: 'Black Lives Matter'". The Hill. Retrieved June 9, 2020.
  55. ^ Guglielmi, Giorgia (October 28, 2020). "The next-generation bots interfering with the US election". Nature. 587 (7832): 21. Bibcode:2020Natur.587...21G. doi:10.1038/d41586-020-03034-5. PMID 33116324.
  56. ^ Mackey, Robert (June 17, 2020). "Trump's New Favorite Channel, OAN, Keeps Lying About Buffalo Protester Assaulted by Police". The Intercept. Archived from the original on June 16, 2020. Retrieved June 27, 2021.
  57. ^ Baragona, Justin (December 26, 2019). "The Year of Batshit Crazy at OAN, Trump's New Favorite Cable-News Channel". The Daily Beast. Retrieved June 27, 2021.
  58. ^ Groll, Elias (November 10, 2014). "Kremlin's 'Sputnik' Newswire Is the BuzzFeed of Propaganda". Foreign Policy. Retrieved February 26, 2020.
  59. ^ Blake, Aaron (June 10, 2020). "The frequent overlap between Trump's conspiracy theories and Russian propaganda". The Washington Post. Archived from the original on June 9, 2020. Retrieved June 10, 2020.
  60. ^ Quinn, Melissa (June 9, 2020). "Trump suggests without evidence 75-year-old man shoved to the ground by Buffalo police was a "set up"". CBS News. Retrieved June 10, 2020.
  61. ^ a b Collins, Ben (June 9, 2020). "President Donald Trump tweets 'antifa' conspiracy theory that originated on anonymous blog". NBC News. Retrieved June 10, 2020.
  62. ^ Grynbaum, Michael M. (June 9, 2020). "One America News, the Network That Spreads Conspiracies to the West Wing". The New York Times. Archived from the original on June 10, 2020. Retrieved October 28, 2020.
  63. ^ "Saturday Protest Prompts Armed Guards Outside SD News Station". La Mesa-Mount Helix, CA Patch. June 13, 2020. Retrieved June 14, 2020.
  64. ^ Stone, Ken (June 13, 2020). "Protesters Label One America News Network as 'Lies' at San Diego HQ". Times of San Diego. Retrieved June 14, 2020.
  65. ^ Alsharif, Mirna; Snyder, Alec (February 22, 2021). "75-year-old protester pushed by Buffalo police files lawsuit against city, mayor and officers". CNN. Retrieved February 23, 2021.
  66. ^ Shapiro, Emily (February 23, 2021). "75-year-old man shoved to ground at Buffalo protest files lawsuit against city, police". ABC News. Retrieved February 23, 2021.