Grand jury DECLINES to indict Astros fan who threw a can at Ted Cruz during World Series parade

A man who threw two unopened cans of White Claw at Ted Cruz during a Houston Astros World Series victory parade will not be indicted, a grand jury ruled on Friday. 

A lawyer for Joseph Halm Arcidiacono, 33, defended his client's behavior at the parade last November, arguing that 'many generous, fun, semi-stupid, legendary moments have happened during Astros Championship Parades.'

Arcidiacono was arrested and charged with 'aggravated assault with a deadly weapon' on November 7 after he threw two full cans of hard seltzer at the senator, who was waving to crowds from the back of a moving Humvee.

His attorney Bill Stradley said he was not being malicious, but in fact threw the cans to Cruz hoping that he would guzzle them down in front of the celebrating fans.

Joseph Arcidiacono, 33, who threw two full unopened cans of White Claw at Ted Cruz during a Houston Astros World Series victory parade will not be indicted

'Fans throw cans to people in championship parades all the time. That is a widely known thing. To get them to chug,' Stradley said in a statement.

'This was stupid, good fun. This ended up as not fun,' he added.

On January 6 the 182nd District Court dropped the aggravated assault charge against Arcidiacono, citing insufficient evidence, the Houston Chronicle reported.

Cruz was riding in the back of the military truck and waving at fans when Arcidiacono hurled the cans at him.

'The beer can struck the Senator in the chest/neck area. The Senator did not require medical attention,' Houston Police Department tweeted at the time.

After his arrest, Arcidiacono reportedly told police: 'I know, I'm an idiot. I'm sorry,' prosecutors said. He appeared in court wearing an Astros jersey and a face mask.

A judge set his bond at $40,000, which he later posted. He was ordered to wear an ankle bracelet and to stay at least 1,000 feet away from Cruz's work and home. 

Texas senator Cruz reached out to deflect the can, which was launched from the crowd

Arcidiacono's lawyer Bill Stradley wrote in a statement that the can was thrown at Cruz in the hope that he would chug it in front of the crowds

Arcidiacono appeared in court wearing an Astros jersey and the judge set bail at $40,000

Soon after the incident Cruz brushed it off. 'As always I'm thankful for the Houston Police and Capitol Police for their quick action,' he said in a statement.

'I'm also thankful that the clown who threw his White Claw had a noodle for an arm,' Cruz added.

'I mean, listen, if he threw a 100 mile an hour fastball, I might be in a very different condition,' he said later during his podcast. 

In the statement Stradley issued an apology on behalf of his client and asked Cruz for 'grace.'

The first of three parts of a statement from Arcidiacono's attorney Bill Stradley

The second of three parts of a statement from Arcidiacono's attorney Bill Stradley

The third and final part of a statement from Arcidiacono's attorney Bill Stradley

He also emphasized that Arcidiacono did not indend to harm Cruz when he threw the drinks.

'Instead, this was an Astros fan trying to toss drinks from his cooler to the Senator during a championship parade and not realizing how it would be perceived until he saw security's reaction,' he wrote.

According to the attorney, Arcidiacono had even texted a friend the night before the parade, saying: 'My dream would be to throw one of the players a beer. Doubt it would happen haha but that would be epic.'