The case against the man accused of slapping Rudy Giuliani on the back at a Staten Island supermarket has been delayed “in anticipation of dismissal” and is expected to be dismissed within six months, according to a source familiar with the case.
Daniel Gill, a ShopRite employee, was charged with assault with intent to cause bodily injury, second-degree harassment and third-degree menacing for allegedly slapping Giuliani.
The organization representing Gill has previously said his client “simply groped” the former New York City mayor “without intent, to get his attention.”
“As we have maintained since earlier this year, Daniel Gill, who had no prior contact with the criminal justice system, committed no criminal acts, and this outcome, which will ultimately dismiss the case in its entirety, reflects that reality.” Gill’s attorney, Susan Platis, said Wednesday. “Mr. Gill hopes to put this incident that completely turned his life behind him.”
It is not an admission of guilt or wrongdoing, nor is it a plea of guilty, the source said, adding that Gill was not asked or asked to agree to anything as part of the suspension.
In New York state, a suspension “with consideration of dismissal” is “not considered in favor of the defendant until the suspension period ends and the case is actually dismissed,” according to the court system.
CNN has reached out to Giuliani for comment.
Earlier this year, former President Donald Trump’s former lawyer described the incident to WABC Radio’s Curtis Sliwa. “I walk into the men’s room, I come out of the men’s room, there’s a group of people around me hugging, kissing, and. Andrew told me [Giuliani] it’s great and suddenly I feel a shot in the back like someone shot me.’
Giuliani told WABC that he went ahead but caught himself after the slap. “Luckily I’m a 78-year-old in pretty good shape, because if I hadn’t hit the ground and probably cracked my skull,” he said at the time.
CNN has reached out to the Staten Island district attorney’s office for more information.