SACRAMENTO, Calif. — A man charged with hitting Sacramento, California, Mayor Kevin Johnson in the face with a coconut cream pie plans to plead not guilty.

Defense attorney Claire White tells The Sacramento Bee that 32-year-old Sean Thompson will contest a felony charge of assaulting a public official and a misdemeanor charge of battery on school property.

He did not enter a plea at his arraignment Tuesday on charges of pushing the pie in Johnson’s face last week.

Johnson then punched Thompson, who says he received nine stitches and a black eye.

White previously told The Bee that Thompson planned to sue the mayor, who says he was defending himself. She now says a lawsuit is being considered, but it isn’t being filed immediately.