The man accused of tossing a full can of hard seltzer at Sen. Ted Cruz (R-TX) will not face charges for the act, a grand jury decided this week. Joseph Arcidiacono was initially charged with aggravated assault with a deadly weapon—which his attorney immediately took issue with. “We have seen various videos and understand why Senator Cruz’s security detail was alert for potential violence,” the lawyer wrote following the incident. “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. The night before the parade, Joey texted a friend, ‘My dream would be to throw one of the players a beer. Doubt it would happen haha but that would be epic.’” To make his point, the attorney included in his release a number of videos of other fans chucking cans of beer at players, who catch and chug them with relish. The grand jury ultimately agreed, and decided not to indict the 33-year-old Friday afternoon.