The Buffalo officers Robert McCabe, 32, left, and Aaron Torgalski, 39, were each charged with felony assault on Saturday.
“We had two of our police officers who crossed the line,” the Erie County district attorney, John J. Flynn, told reporters after the arraignment.
Prosecutors said the officers appeared in court on Saturday morning after their lawyers were told about the charges against them.
“You don’t take a baton and shove him,” he said, noting that the other officer shoved Mr. Gugino with his right hand, knocking him down.
Under New York law, a person who attacks someone 65 or older and is more than 10 years younger than the victim can be charged with felony assault, Mr. Flynn said.
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