Case against man accused of backslapping Rudy Giuliani in supermarket to be dismissed, source says

By CNN Newsource

Published September 21, 2022 8:17 PM

By Gloria Pazmino, CNN

The case against the man accused of slapping Rudy Giuliani on the back in a Staten Island supermarket has been adjourned “in contemplation of dismissal,” and is expected to be dismissed in six months, according to a source with knowledge of the case.

Daniel Gill, a ShopRite employee, was charged with assault with intent to cause physical injury, harassment in the second degree, and menacing in the third degree for allegedly slapping Giuliani.

The organization representing Gill has previously said that their client “merely patted” the former mayor of New York City “without malice to simply get his attention.”

“As we have maintained since earlier this year, Daniel Gill, who had no prior contact with the criminal legal system, did not commit any criminal act, and this outcome, which will ultimately dismiss the case in its entirety, reflects that reality,” Gill’s attorney Susan Platis said Wednesday. “Mr. Gill looks forward to putting this incident, one which completely upended his life, behind him.”

It is not an admission of guilt or wrongdoing, nor is it a guilty plea, the source said, adding that Gill was not required or asked to agree to anything as part of the adjournment.

In New York state, an adjournment “in contemplation of dismissal” is “not considered favorable to the defendant until the adjournment period has expired and the case has actually been dismissed,” according to the court system.

CNN has reached out to Giuliani for comment.

Earlier this year, the onetime attorney to former President Donald Trump described the incident to WABC Radio’s Curtis Sliwa.”I walk to the men’s room, I come out of the men’s room, a group of people are around me hugging me, kissing me, telling me Andrew [Giuliani] is great and all of a sudden I feel a shot on my back like somebody shot me.”

Giuliani told WABC that he went forward but caught himself after the slap. “Lucky I’m a 78-year-old in pretty good shape, because if I wasn’t I’d have 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.

CNN’s Laura Ly and Paul LeBlanc contributed to this report.