The pair will be reinstated for duty later today, per the Buffalo News.
"Upon review, there is no evidence to sustain any claim that Respondents had any other viable options other than to move Gugino out of the way of their forward movement," wrote arbitrator Jeffrey Selchick in"[T]he use of force employed by Respondents reflected no intent on their part to do more than to move Gugino away from them," continued Selchick, who noted that Gugino had refused to comply with the officer’s commands" to leave the area.
"Gugino, after the force was applied to him, appears to have not been able to keep his balance for reasons that might well have had as much to do with the fact that he was holding objects in each hand or his advanced age," Selchick said.Police Commissioner Joseph Gramaglia said in a statement that the two officers would be reinstated for duty on Monday, the
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