BUFFALO, N.Y. (WIVB)–It’s been almost four full days since Martin Gugino was pushed to the concrete here in front of City Hall and an attorney representing one of the officers now charged with assault says there was an intent to push him but not an intent to injure.

“ No one is happy that Mr. Gugino was injured.”

Attorney Tom Burton says his client Buffalo Police officer Robert McCabe is the one seen with both hands on a baton pushing Martin Gugino last Thursday and McCabe immediately turns and begins to go down to help Gugino but is stopped from doing so by a superior behind him.

“The ground commander knew that as there were two medics that were literally seconds behind with full equipment and they were on the fella to help him,” Burton said.

News 4 has obtained the City Court papers accusing McCabe and Buffalo Officer Aaron Torgalski of acting in concert to intentionally cause injury to Gugino, more force than needed to clear the sidewalk according to the DA.

“You take him away and arrest him. Simple as that. You don’t take a baton and shove him, along with an officer right next to him using his right hand and shoving him,” District Attorney John Flynn said.

Gugino’s attorney released a statement saying Jud condition remains largely unchanged. He is in serious but stable condition and has acknowledged and sincerely appreciates the outpouring of support he has received nationwide. Martin and just family continue to request privacy as they focus on Martin’s health and recovery.

Victoria Ross of the WNY Peace Center knows Gugino. Both of them are long time activists. She would be in favor of restorative justice getting the officers and Gugino and community members together to reach some kind of constructive conclusion.

“It’s a much bigger question than just what those 2 people did but it’s about the way we want our policing done, the way we want people to behave, and what Martin wants to be done and what the community feels needs to be done. So my hope is that when we’re at the fork in the road, we’re gonna take the right path of nonviolence of truth and love,” Ross said.