The Staten Island man who was charged with assault for patting Rudy Giuliani on the back filed a $2 million notice of claim against the city for wrongful arrest Thursday — after prosecutors agreed to dismiss his criminal case provided he stays out of trouble.

Former ShopRite worker Daniel Gill — who was initially charged with felony assault for the infamous June 26 incident inside the store –asserts he never should’ve been arrested, saying all he did was “pat” or “tap” Giuliani on the back and call him a “scumbag.” 

“The video taken of the encounter shows Mr. Gill either ‘tapping’ or ‘patting’ Giuliani on the back, in an effort to get his attention so Mr. Gill could deliver his message,” Gill’s notice of claim states.

The 78-year-old former New York City mayor, at the time, said he was slapped so hard, he nearly fell over and could’ve died. Mayor Eric Adams criticized Giuliani for how he had characterized the incident, saying he should be investigated for filing a false police report.

Gill, meanwhile, said video of the supposed attack does not show him committing a crime. Following his arrest, the Staten Island District Attorney’s Office downgraded Gill’s felony charges to misdemeanor assault and harassment.

Staten Island man Daniel Gill is suing the city for wrongful arrest after Rudy Giuliani accused him of assault.
Staten Island man Daniel Gill is suing the city for wrongful arrest after Rudy Giuliani accused him of assault.
Giuliani claimed that Gill assaulted him at a ShopRite during a campaign stop for his son Andrew Giuliani.
Giuliani claimed that Gill assaulted him at a ShopRite during a campaign stop for his son Andrew Giuliani.
Surveillance footage showed that Gill only tapped the former mayor on the back before calling him a "scumbag."
Surveillance footage showed that Gill only tapped the former mayor on the back before calling him a “scumbag.”

Prosecutors agreed on Wednesday to scrub the raps from Gill’s record altogether in an adjournment in contemplation of dismissal, or ACD.

In order for the charges to be wiped, Gill can’t get arrested again over the next six months, his attorneys said. 

“As we have maintained since this case began, Daniel Gill, who had no prior contact with the criminal legal system, did not commit any criminal act and this outcome, which will ultimately result in the dismissal of the case in its entirety, reflects that reality,” Gill’s Legal Aid attorney for the criminal case, Susan Platis, said in a statement. 

Gill was originally charged with felony assault before the charges were dropped.
Gill was originally charged with felony assault before the charges were dropped.
Staten Island Advance/Jan Somma-Hammel

“Mr. Gill looks forward to putting this incident, which completely upended his life, behind him.”

Giuliani and his attorney didn’t immediately return requests for comment.

His son, Andrew Giuliani, said he needed to get “a little bit more information” before he makes a “public reaction.”



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