UPDATE: Cops charge man with hate crime in Stiviano attack
JUN 02, 2014 10:32p ET
UPDATE: New York City police have arrested a man for allegedly assaulting the woman who recorded Los Angeles Clippers owner Donald Sterling making racist comments.
Police say 40-year-old Dominick Diorio, of Old Bethpage, was arrested Tuesday on charges of third-degree assault as a hate crime, assault, harassment and aggravated harassment. It wasn't clear if he had a lawyer..
A day after V. Stiviano's attorney said she would file a police report after being attacked on the streets of New York, Donald Sterling's alleged mistress has done just that, multiple outlets reported Monday.
According to CBS 2 New York, Stiviano filed a report alleging midemeanor assault, and additionally police are investigating the incident as a possible hate crime.
"Detectives from the Hate Crime Unit of the NYPD interviewed her and are investigating the matter," Stiviano’s attorney, Mac Nehoray, told CBS 2 New York.
Nehorary said on Sunday night his client was leaving a Manhattan restaurant earlier in the evening when two men approached her and "punched her on the right side of her face several times."
Additionally, Nehorary claimed, the two men also called Stiviano the N-word and used "other disgusting slurs." Stiviano was reportedly in New York to be on CNN'S "Anderson Cooper 360" on Monday, though she did not appear on the show Monday.
According to TMZ on Monday, Stiviano claims two white males punched her in the face and called her "anti-black names." TMZ also stated Stiviano did not give police a reason for not contacting them Sunday night.
Nehorary, however, told CBS that Stiviano's face is "now red and swollen," and reportedly told CNN his client did not immediately go to police because "she had to get out of there."
The incident was the latest in a bizarre Sunday in which TMZ revealed a video purportedly from 2011 and showing Stiviano making racist comments, and Sterling spent the day at a predominantly black church in Los Angeles.
Last Thursday, Shelly Sterling on behalf of the Sterling family trust signed into an agreement with former Microsoft CEO Steve Ballmer to sell the Clippers to Ballmer for $2 billion. Shelly Sterling was reportedly able to bypass Donald's approval because he was reportedly declared mentally incapacitated — there is language in the trust which gives Shelly sole authority to make the sale if such a diagnosis is made. All that remains for Ballmer to assume ownership is approval of the other NBA owners.
Sterling has since sued the NBA and commissioner Adam Silver for more than $1 billion.
A national firestorm was set off last month at the beginning of the NBA postseason after recordings surfaced of Sterling making racist comments to Stiviano. Silver took prompt action, banning Sterling for life, fining him $2.5 million and recommending the league's owners force Sterling to sell the team.