BUFFALO, NY - The attorney for the victim who was fallen on at Sunday's Bills game, tells 2 On Your Side that a new piece of video of the incident has been discovered and is in the possession of the Erie County District Attorney's Office.
The video can't been seen by the public because it may be used as evidence in court.
But, the video shows that the fan was on the railing for quite some time.
"He slid down that rail a handful of times before this incident and it's captured on video and we also have information that there's witnesses to it," said Desmond, who adds that he's been told by Erie County District Attorney Frank Sedita what the video shows.
And that Hopkins can be clearly seen sliding down the railing five times and then falling. The video comes from stadium surveillance cameras that the Bills have reportedly handed over to the district attorney's office. Sedita won't comment about the incident, because the investigation into the fall is ongoing.
"All the areas of the stadium are videotaped, so they know what's going on and they can go back and find out who's responsible for what," said Desmond.
Hopkins fell onto one fan -- injuring the fan's back, neck and head.
"It's difficult to sleep, he can't move his head up and down, sideways and he's got a lot of discomfort and pain in that whole area," said Desmond.
Both men were taken to ECMC and released earlier this week. But, for the victim, he visited a neurosurgeon for the first time since the incident, Wednesday, to review fractures in his neck.
"He absolutely does not want to have to incur medical expenses, which are going to be significant for this incident that he had nothing to do with causing, so
said Desmond, who says that no decisions have been made on whether to file a lawsuit or not.
He adds that he will take a look at how other NFL stadiums construct their railings and see if the ones at Ralph Wilson Stadium should've been higher.
Meantime, the victim in this incident is very depressed and just wants to get better and return to work.