“As with all cases, since that date of arrest, an investigation continued and was pursued,” Mr. Flynn said at a news conference. “There was a felony charge and, therefore, it was a matter that was going to go to the grand jury. Let’s be clear here, OK? This really wasn’t a complex case.”
“The video that was taken speaks for itself,” Mr. Flynn added.
But the grand jury voted to “‘no-bill’ the case, which means that they dismissed the case,” he said. Because grand jury proceedings are held in secret, Mr. Flynn said he could not reveal the witnesses who had spoken to the grand jury, the evidence that was presented or the questions that might have led to the decision.
“I want to tell you what occurred in the grand jury so this can be explained in more detail,” he said. “But, unfortunately, I can’t.”
Anticipating criticism that he had “sandbagged” the case, Mr. Flynn said: “You really only have my word that I didn’t sandbag anything — that I put all relevant information and evidence into that grand jury. I presented it all to the grand jury, and they made a decision.”
Kelly Zarcone, a lawyer for Mr. Gugino, did not immediately respond to emails and phone calls on Thursday. The Buffalo Police Department said the officers remained suspended pending the outcome of an internal affairs investigation.
John Evans, the president of the Buffalo Police Benevolent Association, said he welcomed the outcome.
“We are ecstatic that the grand jury, when shown the facts, determined no charges should be levied,” he said in an email. “We thank them for their time and service!”