While various media outlets are suggesting that Sean "Diddy" Combs and Steven Acevedo — the man Combs allegedly struck twice early Saturday at a New York nightclub — met Monday evening to discuss a possible settlement in the matter, Acevedo's lawyer, Mark Heller, told MTV News on Tuesday (October 16) that it's far from true.
To make such claims, Heller said, "would be very naive and certainly erroneous." In fact, according to Heller, whether Diddy is arrested and prosecuted is totally out of his client's hands.
"He has no place other than that he's a victim, and as a good citizen, he will be called upon to address what happened," the lawyer explained. "As a victim, he'll have an impact statement, and if there's a prosecution, he will no doubt be asked to participate. This is something that is now in the mechanics of the judicial system."
On Tuesday, a number of online news sources ran stories about Combs' supposed meeting with Acevedo at New York's Butter nightclub; they even went so far as to imply the two had worked out their differences amicably.
"That report is inaccurate," Heller said. "As I understand [it], my client did not interface in any way, shape or form with Sean Combs [at Butter]. At this point, the altercation between Sean Combs and Steven Acevedo, which took place the other evening, has given rise to an extensive criminal investigation, and no civil proceedings have been initiated yet, pending the outcome of the criminal investigation and subsequent criminal prosecution, should one be initiated.
"[Acevedo] will seriously weigh his options, based on the outcome, but needless to say, it's certainly premature to presume that any resolution has been reached at this point, either in the criminal proceedings or in any civil arena," Heller added.
A representative for the New York Police Department would confirm to MTV News only that an incident took place early Saturday morning inside Kiosk, a store located in New York's SoHo neighborhood. However, an eyewitness to the incident told MTV News that Combs and Acevedo exchanged heated words before Combs struck Acevedo with two consecutive, rapid punches. Members from both entourages immediately intervened and separated the two; both Acevedo and Combs exited the club soon after without further incident.
On Tuesday morning, a publicist for Combs dismissed reports that the clash between Combs and Acevedo involved a woman, and claimed the two have known each other for more than a decade. Also on Tuesday, Combs' lawyer, Benjamin Brafman, refuted reports that Combs would turn himself over to the police and that he would be subsequently charged with misdemeanor assault (see "Diddy Won't Be Turning Himself In To Police, Lawyer Says").
According to Heller, the matter rests entirely with the State of New York — not Acevedo.
"One should remember that in New York, when there is an allegation of an assault by one citizen against another, it does not give rise to a civil venue whereby the assaulted individual has the authority or discretion to elect to either pursue or decline a prosecution," he explained. "You'll note that the title of every criminal proceeding is not in the name of the victim against the defendant — it's the people of the State of New York against the defendant, and in fact, when an individual inappropriately and, in violation of the laws of the state, assaults an individual, he has not only offended the civil rights of that victim — which subsequently might give rise to a civil claim — he initially violates the rights and laws of all the people of the State of New York. It is in only in the discretion of the government or agencies, and ultimately, a judge, as to whether or not prosecutions should be pursued or declined.
"So, it is not within the realm of the victim to elect whether or not to pursue criminal prosecution."
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