Erie County (NY) District Attorney John Flynn announced Thursday that a grand jury dismissed felony assault charges against two Buffalo Police officers.

The charges were filed against Officers Aaron Torgalski and Robert McCabe followed an incident during a Black Lives Matter protest in June in front of Buffalo City Hall, WGRZ reports.

A video showed Torgalski and McCabe shoving 75-year-old Martin Gugino while he was approaching officers after curfew. Gugino hit his head and suffered a fractured skull.

A spokesperson for Buffalo Police said both officers are still currently suspended, pending the conclusion of an internal investigation.

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