Officers Aaron Torgalski and Robert McCabe, who were caught on camera shoving an elderly protester to the ground and fracturing his skull, have been cleared of wrongdoing in the incident.
Video of the encounter showed the officers yell at Gugino to move away from City Hall after a curfew went into effect before one cop pushed him, causing him to fall backward and slam his head into the pavement. He spent about a month in the hospital recovering from a fractured skull and brain injury.
A state arbitrator ruled that Officers Aaron Torgalski and Robert McCabe didn’t violate department use-of-force guidelines when they pushed Martin Gugino.“There is no persuasive evidence, particularly when the [footage] is reviewed in its various frames, that the [officers] sought to push or drive Gugino to the ground,” Selchick wrote.
Torgalski also testified he was concerned Gugino was getting close to his service weapon and was worried about catching COVID-19 from the protester. The suspended cops were put back on the city payroll 30 days after the incident, which went viral on social media. They’ll be reinstated to full duty on Monday, the newspaper reported., said the arbitrator’s ruling did not come as a surprise.
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