Assault charges dismissed against Kimberly and Gianna Gotti

The assault case against the wife and daughter of John “Junior” Gotti, the former acting boss of the Gambino crime family, for allegedly attacking a woman at a high school basketball game has been dismissed on legal grounds.

“I have concluded that the case should be dismissed for violations of disclosure requirements,” Nassau District Judge David Goodsell said at the brief hearing.

The Nassau County District Attorney’s Office said it would consider its options after reading the judge’s written decision.

Daughter Gianna Gotti and her mother Kimberly were arrested Feb. 8 and charged with kicking and punching Crystal Etienne in the Locust Valley High School gym during a game against rival Oyster Bay High School.

The alleged victim claimed that the Gotti women shouted homophobic, misogynistic and racist insults at the players and teenagers in the stands.

Etienne told police that she attacked them when she approached the women and asked them to stop.

“It was at this point that I felt my hair being pulled and my wig coming off, which was held in place with three clips and Velcro,” Etienne, whose son plays for Locust Valley, said in her complaint. “I let my head go back because I felt like my scalp was being ripped off and I watched as the lady in the gray jacket pulled my hair.”

The Gottis’ lawyers said fans bullied Joseph Gotti, Gotti Jr.’s son, who plays for Oyster Bay, chanting “fee fie foe fum” because he was a tall teenager.

Defense attorney Gerard Marrone said that on video of the fight, Etienne could be heard screaming, “I’m going to bury you.”

In the nine months since the lawsuit was filed, Marrone and attorney Steven Christiansen said prosecutors have failed to promptly provide evidence in the Gottis’ defense.

They also accuse prosecutors of failing to disclose that Etienne, whose maiden name is Small, had already been convicted in Nassau County of embezzling funds from a Long Island car dealer.

Nassau County prosecutors disputed the failure to turn over evidence and said Etienne did not tell them about the conviction.

“This information remained hidden at best,” Marrone wrote in court papers.

Under the now five-year-old state trial preparation law, prosecutors must disclose information that could affect a witness’s credibility and turn over evidence to defense attorneys within 20 days of arraignment.

“It’s closed, we’re happy, the case should never have been brought,” Gotti Jr. said after the hearing. He said his daughter, a star high school basketball player who later played professionally in Eastern Europe, was accepted into several law schools, but they withdrew their offers after news of the brawl broke. He said she would now reapply.

Fredrick K. Brewington, who represents the Etienne family, said the case is ongoing for them.

“Our clients are extremely disappointed that this case has been dismissed,” he said in a statement. “Given the actual violations and trauma our clients have experienced, they will continue to seek a measure of justice in this matter.”

Gotti Jr. took issue with the fact that prosecutors and police did not charge Etienne with an attack on his wife and daughter. He said Etienne’s claims in an affidavit that the Gotti women had spread racist taunts were untrue.

“My daughter’s teammates are black. “Their best friends are all black,” he said.

Gianna Gotti said she is looking forward to moving on with her life.

“This is great news,” she said. “I can’t wait to go home and tell my mom.”

Kimberly Gotti was unable to attend the hearing for health reasons.

Gotti Jr., whose father, John Gotti, was the head of the Gambino crime family in the mid-1980s and early 1990s, was dubbed the “Teflon Don” for his ability to avoid conviction in several high-profile federal cases. He was convicted in 1992 and died in prison in 2002.

Gotti Jr. also had numerous run-ins with federal law enforcement. He is considered the crime family’s former acting boss during his father’s prison sentence and was sentenced to six years in prison in 1999.

“This is not my first rodeo,” he said outside the courthouse Tuesday. “I have been in court since I was 22 years old. I’ve had nine prosecutions and eight trials in my life.”