Hurt Occupy Oakland protester was hit by beanbag OCCUPY OAKLAND

CORRECTS ORIENTATION TO VERTICAL - In this photo taken Tuesday, Oct. 25, 2011, 24-year-old Iraq War veteran Scott Olsen lays on the ground bleeding from a head wound after being struck by a by a projectile during an Occupy Wall Street protest in Oakland, Calif. Olsen suffered a fractured skull while marching with other protesters attempting to reestablish a presence in the area of the disbanded camp, said Dottie Guy, of the Iraq Veterans Against the War. Police Chief Howard Jordan says an internal review board and local prosecutors have been asked to determine if officers on the scene used excessive force. (AP Photo/Jay Finneburgh) Ran on: 11-06-2011 Iraq war veteran Scott Olsen was hurt during a clash with police at the Occupy Oakland protest last month. Ran on: 11-06-2011 Iraq war veteran Scott Olsen was hurt during a clash with police at the Occupy Oakland protest last month. less CORRECTS ORIENTATION TO VERTICAL - In this photo taken Tuesday, Oct. 25, 2011, 24-year-old Iraq War veteran Scott Olsen lays on the ground bleeding from a head wound after being struck by a by a projectile ... more Photo: Jay Finneburgh, AP Photo: Jay Finneburgh, AP Image 1 of / 7 Caption Close Hurt Occupy Oakland protester was hit by beanbag 1 / 7 Back to Gallery

Occupy Oakland demonstrator Scott Olsen was hit in the head by a beanbag projectile, not a teargas canister, fired by a policeman during a protest in October, Olsen's attorney said Wednesday.

"The fact that it was a beanbag shot, which was not what we thought, puts it in a completely different light," said Mark Martel, who is preparing to file a claim against Oakland. "If he was hit by a tear gas canister, that would just be stupid or negligent.

"But if it was a beanbag - those are meant to hit people, and it tells me that whoever did it, did it intentionally."

Martel said he was e-mailed confirmation of the beanbag shot two weeks ago by an Oakland Police Department investigator who is looking into the department's handling of the Occupy protests.

The attorney said videos showing Olsen, a former Marine and a member of Iraq Veterans Against the War, during the protest indicate that whoever shot him was within 30 feet.

"Because it was in close distance, it suggests this was an intentional shot to the head," Martel said.

Officer Johnna Watson, an Oakland police spokeswoman, declined to name the officer involved in Olsen's injury or to comment on the investigation. Probes of the Occupy protests are being conducted by the department's major crimes section as well as a private contractor, the Frazier Group, which is helping determine if any city employees should be fired or disciplined.

Olsen was injured Oct. 25 during a nighttime protest that erupted after police cleared an Occupy Oakland camp in front of City Hall.

He suffered a fractured skull that resulted in a brain injury and difficulty with speech. Whether that fracture was from the projectile or from falling after being hit is being investigated.