Aguero might well escape any action if Andre Mariner confirms he saw the incident (and he seemingly had a great view of it) and at the time didn’t think that it was violent conduct as the FA are loathe to re Ref decisions by Referees made on the pitch that they confirm they saw and didn’t deem any action needed to be taken.
If Mariner says he didn’t see the incident then Aguero will be charged and banned for sure, as hatters says you can only imagine the reaction from Jose if Aguero gets away with it.
Agueros’s fate lies in Mariners hands and you would expect a violent conduct charge if it’s coming to be announced by tonight or tomorrow latest.