An arbitrator ruled that two Buffalo officers did not break use-of-force guidelines during a 2020 protest for pushing Martin Gugino to the ground to enforce a curfew, reports the Associated Press. The case drew national attention when video of of the incident went viral. He spent about a month in the hospital with a brain injury and a fractured skull. Arbitrator Jeffrey Selchick wrote, “Upon review, there is no evidence to sustain any claim that Respondents (police officers) had any other viable options other than to move Gugino out of the way of their forward movement.”
Selchick said officers Robert McCabe and Aaron Torgalski were justified in pushing Gugino because of the curfew and the fact he was acting erratically. Both officers were arrested and suspended without pay but a grand jury decline to indict them. Gugino still is seeking charges against the officers. His attorney, Melissa Wischerath, claims that the arbitrator has a biased track record. “We are not aware of any case where this arbitrator has ruled against on-duty police officers, so his ruling here on behalf of the police was not only expected by us, but was certainly expected by the union and city who selected and paid him,” she said.