Rudy Giuliani's alleged attacker has charges downgraded, is released on his own recognizance

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The man who Rudy Giuliani accused of assaulting him in a grocery store on Staten Island on Sunday had his charges reduced and was released on his own recognizance on Monday. 

Daniel Gill, 39, now faces third-degree assault, third-degree menacing, and second-degree harassment charges. He previously faced a second-degree assault charge. 

Rudy Giuliani, 78, was at a ShopRite on Sunday afternoon with his son, Andrew, who is campaigning for the Republican nomination in New York's gubernatorial race. 

FILE - Andrew Giuliani, right, a Republican candidate for Governor of New York, is joined by his father, former New York City mayor Rudy Giuliani, during a news conference, June 7, 2022, in New York.  (AP Photo/Mary Altaffer, File)

Surveillance video of the encounter obtained by the New York Post shows the suspect walking up behind Giuliani and slapping him on the back once with an open hand. 

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Giuliani described it as a "very, very heavy shot" in a Facebook video on Monday. 

"Not every 78-year-old is in as good shape as me. He could have easily hit me, knocked me to the ground, and killed me by my head getting hit," Giuliani said. 

Rudy Giuliani speaks during a press conference at the Republican National Committee headquarters in Washington, DC. (MANDEL NGAN/AFP via Getty Images)

The Legal Aid Society, which is representing Gills, described it as a simple "pat."

"Our client merely patted Mr. Giuliani, who sustained nothing remotely resembling physical injuries, without malice to simply get his attention," the Legal Aid Society said in a statement on Monday.

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"Mr. Gill was then followed and threatened by one of Mr. Giuliani’s associates who allegedly poked Mr. Gill in the chest and told him that he was going to be ‘locked up’. He was then needlessly held by the NYPD in custody for over 24 hours."