Modified: June 6, 2020 12:28pm
Erie County District Attorney John J. Flynn announces that 39-year-old Aaron Torgalski and 32-year-old Robert McCabe have been arraigned before Buffalo City Court Judge Craig D. Hannah on one count of Assault in the Second Degree, a Class “D” felony.
It is alleged that on Thursday, June 4, 2020, at approximately 8:00 p.m., the two defendants, who are Buffalo Police officers, pushed a protester outside of City Hall, causing him to fall and hit his head on the sidewalk.
The 75-year-old male victim was taken to ECMC to be treated for a head injury, loss of consciousness, and bleeding from the right ear. He remains hospitalized in critical condition.
Torgalski and McCabe are scheduled to return on Monday, July 20, 2020 at 9:30 a.m. for a felony hearing. Both were released on their own recognizance.
If convicted on the charge, the maximum possible sentence is 7 years in prison.
The case is being prosecuted by Chief Gary W. Hackbush of the DA’s Tactical Prosecution Unit and Chief John P. Feroleto of the DA’s Felony Trials Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.