During this time, he was texting with his girlfriend, who did not believe what he was telling her, the complaint states. So he sent her video on Snapchat of Spacey groping him, the complaint states.
In his interview with police, investigators showed the busboy that video and confirmed his and Spacey’s clothing that night.
The allegations in the complaint match those of Heather Unruh, a former TV news anchor who said at a press conference last year that her son had been sexually assaulted by Spacey at a Nantucket bar.
Spacey faces a charge of indecent assault and battery, Cape & Islands District Attorney Michael O’Keefe said Monday. He is scheduled to be arraigned on January 7. CNN has reached out to Spacey’s attorney for comment.
Girlfriend confirms she saw the video
In a separate interview, the busboy’s girlfriend told police that he had indeed texted her that Spacey was hitting on him. She confirmed that she received a Snapchat video from him showing Spacey touching the front of his pants by his crotch, though she couldn’t give any more details on it, the complaint states.
Generally, videos taken on Snapchat disappear from the app after they are watched, though users are sometimes allowed to replay a video. Snapchat’s law enforcement guide says that the company often cannot retrieve user content, except in very limited circumstances.
After several minutes of the alleged groping, Spacey got up to go to the bathroom, and the busboy left the bar. While on his way home, Spacey texted him, “I think we lost each other,” and the busboy did not respond, the complaint states.
He said that he told his younger sister what happened when he got home. She called their mother. He also returned to work the next afternoon and told his boss about the incident, the complaint states.
He said the incident was embarrassing but has not had a profound emotional effect on him, according to the complaint.
He decided to come forward and tell police because he did not want what happened to him to happen to someone else, he told police.
The accuser’s younger sister told police in an interview that he was acting unusual when he got home late that night, the complaint states.
Investigators also interviewed several employees at the bar who confirmed that Spacey and the busboy had been seen together that night, although none witnessed an assault.