The attorney for the Iraq War veteran injured at an October protest now claims it was not accidental, but an intentional act by police to injure the protester and showed us evidence he says proves that.

Inside his Oakland apartment, Iraq War veteran Scott Olsen and his attorney Thursday showed KTVU the hat the 24-year-old was wearing the night he was injured during the Occupy protest in downtown Oakland last October.

"Next thing Iknow, I'm lying down on the ground and people are gathered around me trying to help me," Olsen said.

Olsen's attorney said police testing on the incident showed a ring of lead residue that indicated it was a bean-bag round that hit Olsen on the back of the head, not a wayward tear gas canister as initially thought.

"They're meant to hit someone, so I think the only conclusion is the officer did what he intended to do," said Mark Marvel, Olsen's attorney.

Oakland police spokeswoman Johnna Watson said Thursday she can't discuss what force options were used because of the ongoing internal and independent investigations.

"We want people to know what happened and why it happened, so I think a lot of the questions that are out there will eventually have answers. They just can't be today," said Watson.

Olsen said almost five months after his skull was fractured, his speech is still recovering.

"I'm pleased with my progress because when I look back (to) a few months ago, I couldn't speak whatsoever," Olsen said.

Olsen's attorney said he plans to file a claim against the city of Oakland this week claiming unlawful use of force, seeking only what he calls substantial financial damages.

Meanwhile, the independent investigator told KTVU he expects to wrap up his investigation around the end of next month.