The Massachusetts restaurant worker who accused Kevin Spacey of sexual assault suddenly dropped his lawsuit against the actor on Friday. According to CNN, the young busboy who filed a civil suit against Spacey for allegedly plying him with alcohol and then fondling him dropped the case voluntarily and without further comment.
The alleged victim filed a notice of voluntary dismissal “with prejudice” on Wednesday with the Massachusetts Superior Court. The case, which was filed just over a week ago, cannot be refiled and does not indicate whether or not Spacey and the complainant reached an agreement.
The alleged victim’s attorney Mitchel Garabedian declined to comment on the case.
“Respectfully, because of the pending criminal action I have no further comment at this time,” he said, according to Page Six.
Spacey was sued after the young man claimed that the 59-year-old actor groped him at the Club Car Restaurant in Nantucket in July 2016. According to the complaint, Spacey bought the young man several drinks and then reached his hand down his pants and grabbed his genitals multiple times, according to another report from Page Six.
“As a result of defendant Kevin Spacey Fowler’s explicit sexual behavior and lewd and lascivious contact with the plaintiff, the plaintiff suffers, has suffered, and will continue to suffer in the future severe mental distress and emotional injuries,” the lawsuit said.
On the night of the incident, the accuser, who was 18 at the time, says that he texted his girlfriend saying that Spacey, whose real name is Kevin Fowler, pulled his zipper down, invited him back to his house, and groped him.
The young man who accused Kevin Spacey of groping him withdrew his suit just 6 days after filing it. Spacey still faces a criminal charge. https://t.co/VlNASuN4J2— The New York Times (@nytimes) July 5, 2019
According to a court report, the man hasn’t been able to locate his phone with the alleged texts, putting a wrench in the case. A judge has ordered that the phone be turned over by July 8 so that Spacey’s lawyers can review the text messages and try to recover messages that they claim were deleted that prove the actor’s innocence.
If the phone can’t be located and turned over to the court, the accuser must appear in court and explain its whereabouts.
The allegations first came to light when Boston TV news anchor Heather Unruh, who is the victim’s mother, came forward with the accusation. The House of Cards actor has denied all of the accusations.
The criminal case against the actor for indecent assault and battery is still pending, with a hearing scheduled for Monday.