The 75-year-old man shoved to the ground by Buffalo police during a protest last week suffered a brain injury, his lawyer said on Thursday.
Martin Gugino’s “brain is injured and he is well aware of that now,” attorney Kelly Zarcone said in a statement to multiple news outlets.
The longtime peace activist from Amherst, in Erie County, has started physical therapy, which Zarcone said was “a step in the right direction.”
“He is looking forward to healing and determining what his ‘new normal’ might look like,” she added.
Two officers were charged with second-degree assault after video of the incident was widely shared.
In the now-viral clip taken last Thursday, shortly after Buffalo’s curfew went into effect, Gugino approached Emergency Response Team officers dressed in riot gear.
One of the officers pushed Gugino, causing him to stumble backward and fall. As a stream of cops approached, the back of Gugino’s head hit the pavement and blood began to trickle out.
At least 57 officers resigned from the emergency team in solidarity with the two suspended cops, who have pleaded not guilty to the charges.
President Trump last week tweeted out accusations that the incident could be a “set up” and that Gugino “could be an ANTIFA provocateur.”
He faced backlash from some lawmakers for sharing that theory, with New York Gov. Andrew Cuomo saying, “He should apologize for that tweet.”
“How reckless, how mean, how cruel,” Cuomo added. “What, do you think it was staged? You think the blood coming out of his head was staged?”