A New York City court is on track to dismiss criminal charges against a man accused of assaulting the woman who recorded former Los Angeles Clippers owner Donald Sterling making racist comments.
A judge agreed Monday to toss out Dominick Diorio's misdemeanor assault case if he avoids rearrest for six months.
The NYPD had accused Dorio, of Long Island, of punching V. Stiviano in the face as she walked out of a restaurant in the meatpacking district in June and used racial epithets toward her. She is of black and Hispanic descent.
Prosecutors say they consulted Stiviano about the dismissal plan. Her lawyer didn't immediately return a call seeking comment.
Defense lawyer David Scott Smith says the dismissal is proper because authorities "can't prove what didn't happen."
Stiviano gained notoriety after a recorded conversation between her and Sterling was posted online by TMZ Sports in which Sterling can be heard criticizing Stiviano about bringing black friends to Clippers games. He was also heard chastising her for posting a photo on Instagram with Magic Johnson.
Stiviano's recording led the NBA to ban Sterling. Former Microsoft CEO Steve Ballmer then bought the Clippers