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FLORISSANT, Mo. – Jermaine Wooten, attorney for the man who was hit by the unmarked detective’s vehicle, shows the moment of the impact.

Wooten demanded that St. Charles County Prosecutor Tim Lohmar file charges against Smith by the end of this week.

That demand became a reality early Wednesday.

Former Florissant officer Joshua Smith, 31, had been charged with first-degree assault, armed criminal action, and fourth-degree assault.

Wooten and Smith’s attorney, Scott Rosenblum, both have different statements regarding what happened in Dellwood June 2.

Rosenblum claims that the car involved “was being on alert for shooting at a building, given that they were fleeing, that there were lawful traffic violations that had occurred and given that once this vehicle stopped, it took off, it was dark, it was fast.”

Meanwhile, Wooten contends his client’s car was not connected to any shooting at a building.

“There was a shooting on April 30 that occurred in Ferguson involving a black (Dodge) Charger, how many black Chargers do we have in St. Louis?” he said.

Both attorneys also have different statements on whether or not the police in the unmarked car identified themselves or turned their lights and sirens on.

“The lights and sirens were not on, on the video, I don’t think you turn your lights on, your sirens on and then ultimately you decide I want to turn my lights and sirens off, that just didn’t happen,” Wooten said.

Rosenblum said differently.

“They identified themselves as police when they pulled over the vehicle with lights and sirens, the vehicle stopped and they approached the vehicle, then the vehicle took off and began a chase,” Rosenblum said.

Wooten said there was never a police chase.

“These young men had just left a convenience store maybe 2 minutes before their interaction with Joshua Smith, so it was no police chase,” the unnamed man’s attorney said.

As Officer Smith got out of the car after hitting the unnamed man, he is seen running to him

“If he wanted to help this young man, or if it was an accident, he would have provided some aid,” Wooten said. “First thing he did, ran out the car, proceeded to punch this young man and kick this young man.”

“He wasn’t kicking and hitting, that’s been a description that’s been used that just isn’t accurate, he threw not one punch,” Rosenblum said. “If he was looking to do harm, he would have taken out his gun, we’ve seen that time and time again, we saw that in Atlanta when a guy took out his gun on a taser.”