Man cleared of charges in protest case

BUFFALO, N.Y. (WIVB) - A video posted to YouTube of an NFTA officer using pepper spray on an anti-war protester sparked a lot of questions.

Now all charges have been dropped against the protester, Nate Buckley. But the NFTA did its own internal investigation and determined the incident did not warrant any disciplinary action against the transit police officers involved.   

The incident happened in April of 2011, where Buckley was part of an anti-war protest in front of Fountain Plaza in downtown Buffalo. Buckley says things took a turn for the worse when NFTA officers arrived.

"There was pepper spraying and clubbing," he said.

MORE | You can see the video here

The confrontation between Buckley and NFTA police was recorded and posted on YouTube. Buckley says it was a peaceful protest, and that there was no need for police to use force.

Buckley said, "You can see people going in and out of the bank during our protest, and they're actually using the bank facilities."

Recently, Buffalo City Court Judge Joseph Fiorella dismissed charges of trespass, obstruction and resisting arrest against Buckley. In his decision, he wrote, "The court is troubled by the actions of the NFTA. The officer did engage in improper conduct, which is repugnant to this court's sense of justice."

Buckley's attorney Michael Kuzma said, "I think it's a big win for the first amendment. I think the judge sends a real strong message that arrests that result from first amendment activities will not be tolerated in the City of Buffalo. I give the judge a lot of credit in this case."

Buckley hopes his case will lead to more accountability, especially when it comes to the policing of public demonstrations.

"There should be some sort of institutional accountability on a broad basis where the citizens who are supposed to be protected and served by the police have a voice," Buckley said.

The Erie County DA's Office has the option to appeal the court's decision, but their office did not respond to our inquires.

And since there is a possibility of a civil case being levied against the NFTA, a spokesman told News 4 it would not be prudent to comment on the judge's decision.