(CNN) Martin Gugino, the 75-year-old protester who was pushed by two Buffalo, New York, police officers earlier this month, has a fractured skull and is not able to walk, his lawyer said in a statement provided to CNN on Monday.
"I am not at liberty to elaborate at this time other than to confirm that his skull was fractured," Gugino's attorney Kelly Zarcone said. "While he is not able to walk yet, we were able to have a short conversation before he became too tired. He is appreciative of all of the concern about him but he is still focused on the issues rather than himself."
CNN has not been able to speak with Gugino directly, but in her press statement, Zarcone passed along a message from him: "I think it's very unnecessary to focus on me. There are plenty of other things to think about besides me."
Gugino is focused on getting better and he remains in rehabilitation, Zarcone told CNN on Tuesday.
"Barring something unusual and unforeseen, I don't expect much change at all this week," she said.
Gugino was injured when two police officers shoved him backwards during a protest against racism and police brutality on June 4. Video of the incident shows that he fell to the sidewalk and his head began bleeding as other officers walked by him.
Officers Aaron Torgalski, 39, and Robert McCabe, 32, each pleaded not guilty to second-degree assault and have been released on their own recognizance without bail.
Based on the initial video, police issued a statement that said Gugino tripped and fell, Buffalo Police spokesman Mike DeGeorge told CNN. Police later amended that statement and suspended the officers without pay and opened an investigation.
After video of the incident spread widely -- Gov. Andrew Cuomo said it was "wholly unjustified and utterly disgraceful" -- Gugino became the focus of a conspiracy theory pushed by One America News Network and President Donald Trump that suggested the 75-year-old was an "ANTIFA provocateur" and that his serious injury "could be a set up."
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