A Boyle County dementia patient faces several charges including shoplifting and public intoxication stemming from an incident at a Wal-Mart from back in October.However, his attorney claims his client was confused and after seeing the surveillance video, he is now calling for the arresting officer to be charged. LEX 18's Kayleigh Randle sat down with 66-year-old John Hardwick's defense attorney for an exclusive look at the footage in LEX 18 Investigates. On Tuesday, Oct. 15, 66-year-old John Hardwick and his wife went to Wal-Mart in Danville for a quick shopping trip, but things escalated when he tried to buy two packs of beer, not realizing he didn't have his license.Hardwick followed the cashier to customer service after checking out all of his items except for the beer. The beer was placed on the customer service desk, where Hardwick was seen speaking with the clerk.Ephraim Helton, with Helton Law Office, says Hardwick has dementia and was confused by the situation. In the surveillance video, Helton is seen speaking to a Wal-Mart loss prevention employee. During their conversation, he places the beer in his cart and then places it back on the table several times.Helton explains Hardwick does not understand what is going on. "Again, there's no effort to leave Wal-Mart. There's no effort to run with this. He's following all of the directions of loss prevention. He's not throwing his arms up in the air, he's not causing a scene."After dealing with loss prevention, the video shows Hardwick walking back to the service desk with three Danville Police Officers behind him. One of the officers is seen grabbing his handcuffs to arrest Hardwick when things escalate."You see officer Godbey grab his handcuffs and then he doesn't understand what's going on. Slam his face into the register. Attempt at a choke hold. Throw him to the ground. Watch while he's down. One, two, three, four, five, six," Helton details.According to a citation, officers were "flagged down by Wal-Mart staff for Hardwick being under the influence" and "trying to steal beer." While having "the odor of an alcoholic beverage coming from" him. The citation also reads that Hardwick "grabbed two cases of beer and then tried to leave the store.""You've seen this. There's no stealing of beer. He's not under the influence," said Helton.The citation continues to read, "Officer Godbey attempted to place his hands behind his back, above refused and tensed up having to be assisted to the prone position."However, Helton says he was body-slammed, not assisted. "And I trust that after you've seen that, that's not being assisted to a prone position. That's being thrown to a concrete floor at 66 years of age and then he was struck six times." After Hardwick was arrested, Helton says Danville Jail staff refused to admit Hardwick because they claimed he was in a "clear delusional state," so he was sent to a local hospital to be evaluated."Patient has a history of dementia and appears to be confused. Confused per PD. The same officer that wrote he was under the influence of alcohol told the admissions people and the nursing staff at Ephraim McDowell Regional Medical Center that he is confused," Helton reads from the medical report.The Danville Police Department released this statement on Tuesday: Danville Police Officers were requested to assist Walmart loss prevention with an uncooperative and intoxicated shoplifter, who had become agitated when Walmart refused to let him purchase two cases of alcohol and other merchandise. After a store employee placed the alcohol behind a register, the suspect walked behind the register and took possession of the unpaid alcohol and merchandise and attempted to leave the store. After being asked to place his hands behind his back, the suspect tensed up and refused to comply, and a short struggle ensued where the suspect was taken to the ground. An officer used strikes to the suspects shoulder to gain suspect compliance, and the suspect was taken into custody. Officers learned the suspect may have been suffering from a previous medical condition, aggravated by his intoxicated state, and transported him to the local hospital where he was medically cleared with no injuries. Officers consulted with family members and determined the best course of action was to release the suspect and cite him with a pending court date. Anthony Gray Jr. Chief of Police Danville Police Department Hardwick now faces these charges: Alcohol intoxication in a public place (1st and 2nd offense) Criminal trespassing (3rd degree) Shoplifting Resisting arrest Failure to surrender revoked operator's license No person shall have more than one operator's licenseHelton is trying to pursue charges against one of the officers who he believes used excessive force on the 66-year-old. Helton is requesting these charges: Offenses of Assault, fourth-degree Official Misconduct, first-degree"I think it's appalling that you have a 66 year old man face down on the ground and you are striking him six times. He is defenseless. His hands were behind his back, he's handcuffed. It is totally unnecessary. That is police brutality," said Helton.