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Judges toss gun, statement in threat on Buffalo cops after accused got roughed up

When Arthur Jordan was arrested, his provocative statements to Buffalo police became big news.

So did the fact that Jordan, accused of using Facebook to threaten police, was carrying a handgun at the time of his arrest.

Two years later, both the gun and statements are being tossed out by the judges overseeing Jordan's federal prosecution.

The rulings stem in part from allegations that the two officers who arrested Jordan roughed him up.

"It is undisputed that Jordan's statements were made within minutes of his illegal detention, during which he was manhandled by several officers, maced and then punched in the head twice while handcuffed," U.S. Magistrate Judge H. Kenneth Schroeder Jr. said in his decision.

In ordering the gun and statement suppressed, Chief U.S. District Judge Frank P. Geraci Jr. adopted Schroeder's recommendations and, like him, found the police search to be illegal.

"There was not sufficient reason to believe he was armed and dangerous," Martin Vogelbaum, an assistant federal public defender, said of the search.

While giving Jordan a major legal victory, the judges also allowed the criminal case against him to proceed. They also denied Jordan's motion to suppress his subsequent statements to the FBI, as well as the Facebook post that led to his arrest.

“Let’s start killin’ police," the Facebook message said. "Let’s see how dey like it.”

Buffalo gang member charged with threatening to ‘start killing police’

The judges' rulings are the latest developments in a case that began with allegations that Jordan wanted to be on CNN and saw shooting police officers as his ticket to fame.

At the time of his arrest, Buffalo police said Jordan was a member of the Central Park Gang and well known to law enforcement. They also said he was found with a loaded .380 caliber handgun.

Jordan, according to prosecutors, told Buffalo police of his desire to appear on national TV and how he saw killing police as the way to accomplish his goal.

"I would have been all over the news if I would've done what I was thinking about," he said, according to court papers. "I should have waited at the door for y'all."

Those are the statements Geraci ordered suppressed in his latest ruling.

Vogelbaum wouldn't comment on the police officer's conduct during Jordan's arrest or its role in Geraci's decision, except to say, "Obviously, there was that kind of evidence out there."

Jordan’s arrest in 2016 came just a week after two African-American men died at the hands of police, one in Louisiana, the other in Minnesota, and after five Dallas police officers were killed by a lone black man. The gunman was later killed by police.

Investigators said there were indications at the time of Jordan’s arrest that he was preparing to carry out his plans. Prosecutors also believe he may have targeted a specific officer involved in investigations of his gang.

Prosecutors declined to comment on Geraci's decision but left the door open to an appeal.

“We are currently deciding whether to seek further review of the decision,” Acting U.S. Attorney James P. Kennedy Jr. said in a statement.

Buffalo police declined to comment on the ruling or the allegations against the arresting officers, but said the officers were never investigated or disciplined.

Jordan is charged with criminal possession of a weapon, obstructing governmental administration and resisting arrest and interstate communication of threat to injure.

In July of last year, Jordan pleaded guilty to a weapons charge in a separate state court case that arose from the same arrest.

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