Buffalo police shoving incident

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. He was brought to the hospital and was in "serious but stable condition."[1] Two days later he was listed as being in "critical condition" at Erie County Medical Center.[2] He suffered a brain injury as a result of the fall and was still unable to walk nearly two weeks after the assault.[3][4]

Buffalo police shoving incident
WBFO filmed Buffalo police shove Gugino to the ground (top). When an officer begins to attend to the fallen Gugino, another officer pulls him away (middle). The group of officers march past Gugino as blood pools beside his head (bottom).
DateJune 4, 2020
LocationNiagara Square, Buffalo, New York
Non-fatal injuriesConcussion and head injury
Arrests2 Buffalo police officers charged with felony assault

Martin Gugino

Martin Gugino (/ɡʊˈdʒiːnoʊ/), born October 15, 1944, is an American peace activist associated with the Catholic Worker Movement.[5] 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.[6]

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

On June 4, 2020, during the George Floyd protests in New York state, a curfew was imposed in Buffalo, and police formed lines to sweep through the area.[7][8] At Niagara Square, two Buffalo police officers engaged with the 75-year-old Gugino in an incident filmed by a member of the WBFO news team.[9] Video footage showed Gugino approach the line of officers (who were holding batons) as the officers moved to clear the square 10 minutes after the start of the 8PM curfew.[10]

Two officers pushed Gugino backward, and he stumbled backwards and fell, hitting the back of his head on the pavement and becoming unconscious. Officers in the line appeared to walk past Gugino, as he lay on the ground with blood pooling around his head. One officer attempted to check on Gugino, but was persuaded to move on by another officer.[10] The victim was taken to a hospital in serious condition where he was treated for a concussion and laceration.[7][8] 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.[6] On June 15, Gugino's lawyer said that Gugino had a fractured skull and was unable to walk.[11]

Aftermath

Video of the incident was uploaded to Twitter and quickly went viral.[9][7] The incident was quickly condemned in the media and by the New York Civil Liberties Union, and the two officers who had shoved Gugino were suspended.[12][13][14][15] Governor Andrew Cuomo, Senator Chuck Schumer and many members of the general public condemned the incident via social media.[9] Erie County District Attorney John J. Flynn said the officers "crossed a line".[16] In a statement that Gugino's lawyer passed on to CNN on June 15, Gugino said he appreciated the concern, but that "There are plenty of other things to think about besides me."[11]

Buffalo police

The police department initially claimed that during a "skirmish involving protestors," Gugino had been "injured when he tripped & fell".[12][15] New York governor Andrew Cuomo asked why the officers' actions were necessary, described their behavior as "just fundamentally offensive and frightening",[15] and said the city of Buffalo should consider firing them[17] and carrying out a criminal investigation.[18]

The Buffalo police union 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 that the victim "did slip".[19] All 57 police officers from the Buffalo Police Department resigned from an emergency response team, leaving the team empty, although they did not resign from the department.[20] According to the police union's president, the mass resignations were a show of solidarity with the two suspended officers.[21] However, his account has been contradicted by two of the resigned officers, who stated they instead resigned because of a lack of legal coverage. One of these officers said that "many" of the 57 resigned officers did not resign to support the two suspended officers.[22]

Criminal charges against officers

On June 6, officers Robert McCabe and Aaron Torgalski were charged with second-degree assault, a felony. In a virtual arraignment, they pleaded not guilty and are scheduled for a July 20 felony hearing.[23] The pair were released without bail pending trial.[24]

Mayor Brown's reaction

Initially, media outlets incorrectly reported that Buffalo Mayor Byron Brown called Gugino an "agitator" and a "major instigator", when in fact, Brown was actually referring to another protester, not Gugino. Some media outlets issued corrections on their websites.[25][26][27]

After viewing video of the incident, Brown stated that he was "deeply disturbed" by it. He also said that the incident was "disheartening", because in the previous days, protests were "peaceful", while he, the police, and the community were conducting meetings.[28] On June 10, Brown announced impending changes to the Buffalo police, 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 stated that the police union was "in the wrong".[29][30]

Buffalo Bills cornerback Josh Norman and New Orleans Saints linebacker Demario Davis attended Mayor Brown's press conference on June 10 as part of a nation-wide tour to help improve NFL awareness to social justice issues, with Davis praising Brown's plans for change.[30]

President Trump's response
See also: Veracity of statements by Donald Trump

President Donald Trump spread false and unfounded conspiracy theories in his response to the incident on Twitter:[31][32][33]

Donald J. Trump Twitter
@realDonaldTrump

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[34]

There is no evidence that Gugino is an "antifa" member,[32][35] that the incident was a "set up";[33] that Gugino "fell harder than he was pushed",[36] or that Gugino was attempting "to scan police devices."[31] Mobile phone technology cannot "black out" police equipment in the manner that Trump described.[31][33]

Governor Andrew 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."[37] Former Buffalo Sabres Hall of Fame goalie Dominik Hasek reacted to Trump's claims against Gugino by tweeting "The President of the United States is acting like a pig."[38] When asked to comment on Trump's tweet, Gugino responded via text: "Black Lives Matter".[39] Gugino's lawyer described Trump's tweet as "dark, dangerous and untrue".[31]

The source to which Trump referred, the One America News Network, is a far-right channel known for promoting conspiracy theories.[40][41] The journalist behind OANN's story, Kristian Rouz, also works for Sputnik News, a Russian news agency frequently described as a propaganda outlet.[42] In his work for OANN, Rouz has spread conspiracy theories and displayed favorable stances towards the Russian government.[43] Rouz himself did not provide any evidence, only referring to a report by the Conservative Treehouse, a right-wing blog.[44] The blog post, written by someone going by the pseudonym "Sundance", claimed without evidence that Gugino is a "professional agitator and Antifa provocateur".[41] It is not known who runs the blog.[41] On June 13, protesters in San Diego gathered outside OANN headquarters where CEO and founder Robert Herring Sr. asked the crowd to prove that the story was false.[45][46]

References
  1. Miller, Ryan W.; Culver, Jordan; Robinson, David; Hauck, Grace; Taddeo, Sarah. "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 9, 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. Elisha Fieldstadt (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. https://www.cnn.com/2020/06/16/us/martin-gugino-protester-skull/
  5. 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.
  6. Becker, Maki (June 9, 2020). "Who is Martin Gugino? Here's what we know". Buffalo News.
  7. 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.
  8. 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.
  9. 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.
  10. "Video of Buffalo police shoving 75-year-old man sparks outrage". CBC. June 5, 2020. Retrieved June 7, 2020.
  11. Jacqueline Rose & Eric Levenson (June 16, 2020). "Martin Gugino: 75-year-old Buffalo protester has a fractured skull and cannot walk". CNN.CS1 maint: uses authors parameter (link)
  12. 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.
  13. "Buffalo police officers suspended after video shows them pushing protester". NBC News. Retrieved June 5, 2020.
  14. "Buffalo Police Pushed Over A Man In A Graphic Video". BuzzFeed News. Retrieved June 5, 2020.
  15. "Officers suspended after shoving 75-year-old to the ground, cracking his skull". Politico. June 5, 2020. Retrieved June 5, 2020.
  16. 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.
  17. Gronewold, Anna (June 5, 2020). "Cuomo presses Buffalo to 'pursue firing' officers who shoved protester in viral video". Politico. Retrieved June 5, 2020.
  18. "Buffalo police riot squad quit to back officers who shoved man". BBC News. June 5, 2020. Retrieved June 6, 2020.
  19. Becker, Maki (June 6, 2020). "57 members of Buffalo police riot response team resign after shoving incident". The Buffalo News. Retrieved June 6, 2020.
  20. Licastro, Troy (June 5, 2020). "Entire BPD Emergency Response Team resigns, still work for police department". WIVB. Retrieved June 6, 2020.
  21. Ingersoll, Ali (June 5, 2020). "Buffalo Police Emergency Response Team members resign from special position". WGRZ. Retrieved June 6, 2020.
  22. Madison Carter (June 8, 2020). "EXCLUSIVE: Two Buffalo Police ERT members say resignation was not in solidarity with suspended officers". WKBW-TV. Retrieved June 9, 2020.
  23. "Two Buffalo officers charged with assault over police shoving 75-year-old man to ground". NBC News. Retrieved June 6, 2020.
  24. Meryl Kornfield, Two Buffalo police officers charged with assault for allegedly shoving 75-year-old protester, Washington Post (June 6, 2020).
  25. Kasprak, Alex (June 9, 2020). "Was Pushed Buffalo Protester an 'Antifa' Agitator?". Retrieved June 10, 2020.
  26. 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.
  27. "Buffalo Mayor Defends Police Amid Uproar Over Protest Conduct". The Daily Beast. June 7, 2020. Retrieved June 10, 2020.
  28. Miller, Ryan; Culver, Jordan; Robinson, David; Hauck, Grace; Taddeo, Sarah (June 7, 2020). "2 Buffalo cops charged with assault after video shows officers shoving 75-year-old man to the ground". USA Today. Retrieved June 11, 2020.
  29. "Buffalo mayor calls police union a "barrier to reform" after viral video sparks condemnation". www.cbsnews.com. 2020-06-11. Retrieved 2020-06-14.
  30. "Buffalo adopts policing changes after protester is hurt". Star Tribune. The Associated Press. Retrieved 2020-06-14.
  31. Goodman, Jack (June 9, 2020). "Martin Gugino: Donald Trump's police scanner tweet fact-checked". BBC Reality Check. Retrieved June 10, 2020.
  32. Cillizza, Chris (June 9, 2020). "Donald Trump's deeply irresponsible conspiracy theory on the Buffalo man injured by police". CNN. Retrieved June 16, 2020.
  33. Colvin, Jill; Thompson, Carolyn (June 10, 2020). "Trump pushes conspiracy theory about Buffalo protester". Associated Press. Retrieved June 16, 2020.
  34. @realDonaldTrump (June 9, 2020). "Buffalo protester shoved by Police could be an ANTIFA provocateur"" (Tweet) – via Twitter.
  35. Jackson, Hannah (June 9, 2020). "Trump floats unfounded theory that 75-year-old protester pushed by police is Antifa". Globalnews.
  36. 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.
  37. Forgey, Quint (11 June 2020). "Trump's conspiracy theory on 75-year-old protester draws sharp backlash". Politico. Retrieved 11 June 2020.
  38. Harrington, Mike (10 June 2020). "Dominik Hasek lashes out at Trump's tweet on Buffalo protester Martin Gugino". Buffalo News. Retrieved 11 June 2020.
  39. Aris Folley (June 9, 2020). "75-year-old man shoved by Buffalo police responds to Trump tweet: 'Black Lives Matter'". The Hill. Retrieved June 9, 2020.
  40. "Manifestant de 75 ans blessé par la police: Trump évoque un possible coup monté". Le Journal de Montréal (in French). AFP. June 9, 2020.
  41. Collins, Ben (June 9, 2020). "President Donald Trump tweets 'antifa' conspiracy theory that originated on anonymous blog". NBC News. Retrieved June 10, 2020.
  42. Groll, Elias (10 November 2014). "Kremlin's 'Sputnik' Newswire Is the BuzzFeed of Propaganda". Foreign Policy. Retrieved 26 February 2020.
  43. 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.
  44. 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.
  45. "Saturday Protest Prompts Armed Guards Outside SD News Station". La Mesa-Mount Helix, CA Patch. 2020-06-13. Retrieved 2020-06-14.
  46. "Protesters Label One America News Network as 'Lies' at San Diego HQ". Times of San Diego. 2020-06-14. Retrieved 2020-06-14.
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