A Manhattan judge on Wednesday found a costumed Times Square Spider-Man not guilty of attempted assault for slugging a mom who refused to tip him after he posed for a picture with her kids.
But Manhattan Criminal Court Judge Anthony Ferrara did find Philip Williams, 36, guilty of the lesser charge of harassment – a violation that is removed from his record after a year.
During the two-day non-jury trial defense lawyer Rachel Black argued that Williams, dressed as the comic book web slinger, only punched Victoria Goreaciuc, 46, after she threw a chunk of ice at the back of his head because he ’d called her a “piece of crap” for not paying him.
“Mr Williams is not Spider-Man, he doesn’t have Spidey’s sense, no bullet -proof costume or superhuman powers,” she told the judge. “He’s just a human being who believed physical force was being used against him and he acted in self defense.”
Black portrayed Goreaciuc of Walden, New York as an aggressor in the Feb. 10 , 2013 altercation calling her “angry” and a “liar” who couldn’t let a rude comment pass.
After Williams cursed at her, she took her five year old daughter and seven year old son to Toy’s ’R’ Us in Times Square but began fuming, she testified.
An hour later, she left the toy store in search of the offending superhero.
She testified that when she approached Williams, with her husband and kids in tow, she threw some loose snow in his direction and he punched her in the temple, knocking her to the ground.
Assistant District Attorney Andrew Stengel argued that Williams was a dangerous menace to New York City tourists and nothing like the brave mascot.
“Spider -Man’s motto is, ’With great power, comes great responsibility, ’” said Stengel, recommending that the judge sentence Williams to 15 days in jail. “The defendant is more super villain than super hero, spinning a web.”
He added, “There’s nothing funny or even slightly humorous about what the defendant did to Miss Goreaciuc and her family.”
Ferrara wasn’t persuaded by Stengel’s characterization and sentenced Williams to time served. But he did caution Spidey to behave better in the future. “You should have known better,” the judge said. “I hope you learned a lesson from this proceeding and are more courteous to the people you see.”
In the most bizarre moment of the two-day nonjury trial, Goreaciuc on Tuesday identified Williams as her attacker from the strong stench of his Spider-Man costume. “I recognize the smell from when the children hugged him,” she said on the stand.