In a State Attorney’s Office release, Cervone said the incident was recorded on a cellphone and the touching could not be construed as battery.
“It is clear that the touching was brief and light as opposed to being forceful, violent, or in any way likely to do harm,” Cervone said. “The employee immediately reacted by swinging a heavy strap at Perine, who was not injured. Although verbal exchanges continued no further physical confrontation followed.
“Legally, an unconsented to touching of any sort can constitute a battery. The touching by Perine in this case, however, is not only minimal but also is of the sort that society largely accepts as attention getting when someone is facing away from someone else. As such, and considering that Perine has no prior law violations, it lacks the kind of malice or ill intent that would warrant court action. That charge is therefore dismissed.”
