“As in all cases, since that date of arrest, an investigation has continued and has continued,” Mr. Flynn said at a press 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? It really wasn’t a complex case.
“The video that was taken speaks for itself,” added Flynn.
But the grand jury voted for ‘no bill’ which means they dismissed the case, ”he said. Since the grand jury proceedings are held in secret, Mr. Flynn said he could not reveal the witnesses who spoke to the grand jury, the evidence that was presented or the questions that could have led to the decision. .
“I want to tell you what happened in the grand jury so that it can be explained in more detail,” he said. “But, unfortunately, I can’t.”
Anticipating criticism that he had ‘put sand’ into the case, Mr Flynn said: ‘You really only have my word that I didn’t put anything sand – that I put all the information and relevant evidence in this grand jury. I presented everything to the grand jury and they made a decision.
Kelly Zarcone, lawyer for Mr. Gugino, did not immediately respond to emails and phone calls Thursday. The Buffalo Police Department said police remained on hold pending the outcome of an internal affairs investigation.
John Evans, president of the Buffalo Police Benevolent Association, said he was pleased with the result.
“We are delighted that the grand jury, once shown the facts, determined that no charges should be laid,” he said in an email. “We thank them for their time and service!”