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He’ll forever be known as the tall guy wearing the 8-ball jacket who slapped a woman on the F train in New York City. But what he won’t be known as is the guy who ultimately faced charges for the slap. 

According to Jorge Pena’s attorney, charges were dropped against his client because the woman, Danay Howard, was the aggressor. Pena spent four nights in jail after slapping Howard but eventually posted his $1,000 bail on Tuesday.

In an interview with the New York Post, Pena's lawyer, Cary London, said that the system worked. “Thank God for smartphones because the DA’s office was able to have all of the information in front of them at an early stage to show that our client did nothing wrong and acted in self-defense,” he said.

But the situation isn’t over; London plans to press charges against Howard on behalf of his client, whom he referred to as a gentle giant.

In speaking about the video, which so far has more than 4 million views, London said Howard was making fun not only of his client’s 8-ball jacket but also of his speech impediment before hitting him with her shoe. London said Pena was just trying to get home after a long night of working as a bouncer at a bar.