HUNTSVILLE, Ala. (AP) — Defense attorneys for a police officer accused of excessive force when he took down an Indian man say the encounter was an unfortunate escalation of tactics, but not criminal.

Officer Eric Parker is on trial. He is charged with violating the civil rights of 58-year-old Sureshbhai Patel (suh-RESH’-beye pah-TEL’), who was walking in a Huntsville neighborhood when police received a call about a suspicious person.

Patel was thrown down and partially paralyzed during the confrontation.

Prosecutors said during opening statements Wednesday that Patel spoke very little English and was confused by officers’ orders before he was slammed to the ground. He was a grandfather who waited nine years for a visa to visit his son in Huntsville.

Parker’s attorney Robert Tuten said the takedown was appropriate considering the circumstances.