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Man who accused Kevin Spacey of sexual assault may have filmed alleged groping

Police documents released in connection with an alleged groping by Kevin Spacey at a Nantucket restaurant in 2016 suggest the victim captured some of the incident on video.
Image: Actor Kevin Spacey charged with sexual assault
Actor Kevin Spacey watches the second round match between Britain's Andy Murray and Nicolas Mahut of France at the Aegon Tennis Championships at the Queen's Club in London, Britain on June 12, 2013.Andy Rain / EPA file

The man who says that actor Kevin Spacey sexually groped him during an encounter at a Nantucket, Mass., bar two years ago apparently captured some of the assault on video, according to police documents released this week.

On Christmas Eve, the Cape & Islands District Attorney said that a criminal complaint of indecent assault and battery was filed the previous week against Spacey, 59, in connection with the alleged incident on July 7, 2016.

In state police documents, a trooper wrote that the alleged victim, the son of a former Boston TV news anchor, said that he was groped by Spacey after the "House of Cards" actor bought him drinks at the restaurant where he was working at the time. The alleged victim’s mother has said he was 18 at the time.

The alleged victim’s girlfriend later told investigators that she received a text from her boyfriend saying Spacey was hitting on him — but she didn’t believe him. She then received a Snapchat video showing Spacey touching the front of her boyfriend’s pants "by his crotch," according to the documents.

The trooper wrote in the report that the alleged victim “said his girlfriend did not believe him so that’s when he Snapchatted the video" and the trooper wrote "the video is one of the last times Spacey touched him."

The police documents say the alleged victim "tried to shift away with his body" and move Spacey's hands away, "but Spacey kept reaching down his pants."

NBC News does not identify victims of sexual assault unless they come forward publicly.

Investigators apparently have video of some kind. The trooper wrote in a report that the alleged victim "was shown the video he said was of Spacey touching him" and he confirmed the clothing he was wearing.

The district attorney's office could not be reached by phone after business hours on Wednesday. Snapchat videos typically delete after they’ve been viewed or expire, but they also can be saved.

Spacey is due to be arraigned at Nantucket District Court on Jan. 7, according to the district attorney’s office has said.

On the same day that the criminal complaint was announced, Spacey tweeted a bizarre video of himself playing his killed-off character on "House of Cards," Frank Underwood.

In the video, Spacey says in character "You trusted me even though you knew you shouldn't," filmed as he stands in a kitchen wearing a Santa Claus print apron. He later adds, "Soon enough you will know the full truth." It's unclear if in that video Spacey was referring to the allegations.

The alleged victim told police he was embarrassed by the incident and the trooper wrote in the report that it "has not had a 'profound emotional effect' on him," but the alleged victim said he called police because he didn’t want what happened to him to happen to anyone else, according to the documents.

He reported the assault by telephone to Nantucket police in late October of 2016, the documents say. Massachusetts state police interviewed the alleged victim in November of 2017, according to the documents.

The Nantucket sexual assault claim against Spacey surfaced last year when a former anchor for Boston WCVB-TV, held a press conference in November 2017 where she said that her son was groped by Spacey in July 2016 at The Club Car in Nantucket.

An attorney for the accuser said in a statement this week that "the complainant has shown a tremendous amount of courage in coming forward."

A representative for Spacey did not return NBC News' request for comment when the charges were announced this week.

Spacey was fired by Netflix in November of 2017 after the actor was accused of sexual assault and harassment. He was also cut from the Ridley Scott film "All the Money in the World" and was replaced by Christopher Plummer just one month before the film’s release, in what was called an unprecedented move.

Spacey's representatives said in November of 2017 that he would seek evaluation and treatment.