Cuba Gooding Jr: Judge Turns Down Dismissal Request, Sets Trial Date for Forcible Touching Case

Cuba Gooding Jr.
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Cuba Gooding Jr.'s case is going to trial.

In a written ruling on Wednesday, New York City judge Phyllis Chu rejected the 51-year-old actor's petition to dismiss the misdemeanor charges against him. According to the court documents obtained by ET, Gooding Jr. did "not set forth compelling factors to warrant dismissal in the interest of justice" for his misdemeanor charges of forcible touching and sexual abuse in the third degree.

According to the document, back in June, Gooding Jr. allegedly "placed his hand on the breast of the complainant and squeezed."

As part of his petition for dismissal, Gooding Jr., who denies the accusation, submitted two alleged witness accounts as well as an affirmation on false reports in sexual assault cases from a retired police officer, according to the docs. Gooding Jr. argued that video of the incident "and the affirmations submitted establish that he did not squeeze the complainant's breast," according to the document.

Additionally, in the documents, Gooding Jr. claimed that the complainant "has various mental health issues;" that "his character and history weigh in favor of dismissal;" that "law enforcement committed serious misconduct" in statement gathering and paperwork following the alleged incident; and that "a dismissal would not impact the safety or welfare of the community because no crime was committed."

The judge, however, disagreed, writing that there are "conflicting factual allegations between the criminal court information and the defendant's motion [that] should be resolved at trial."

ET confirmed that Gooding Jr. was arrested in June after turning himself in to police. He was later released without bail. Prior to his arrest, Gooding Jr.'s attorney, Peter Toumbekis, told ET that the actor "is very respectful of the process and we are going to follow the protocol of the process."

"He's comfortable to have faith and trust in the process," Toumbekis added. "He is holding up OK. He's a man of faith and he also has a great faith in [how] the system works. His background has always been one to support the troops, law enforcement, and he will respect this process."

Gooding Jr.'s trial will begin on Sept. 3.



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