Buffalo protester shoved by police can't walk and has a fractured skull, lawyer says

This June 4, 2020, file image from video provided by WBFO, a Buffalo police officer appears to shove a man who walked up to police in Buffalo, N.Y.
(Image credit: Mike Desmond/WBFO via AP)

Martin Gugino, the 75-year-old protester who was shoved by police in Buffalo, New York, is unable to walk and has a fractured skull, according to his lawyer.

Gugino's attorney, Kelly Zarcone, in a statement to CNN on Tuesday provided an update on his condition, saying that "I am not at liberty to elaborate at this time other than to confirm that his skull was fractured." Zarcone also said that Gugino "is not able to walk yet."

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Buffalo police officers Robert McCabe and Aaron Torgalski were both charged with second-degree assault after video showed them shoving Gugino to the ground during a protest against police brutality. The Buffalo Police Department had initially said he tripped. The officers pleaded not guilty to the charges and have been suspended without pay.

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Zarcone on Tuesday also told CNN that she was able to have a "short conversation" with Gugino and that he "is appreciative of all of the concern about him but he is still focused on the issues rather than himself." She also relayed a message from him to CNN, which said, "I think it's very unnecessary to focus on me. There are plenty of other things to think about besides me."

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