The former House of Cards star had been charged with indecent assault and battery for allegedly groping an 18-year-old man in 2016. The two-time Oscar victor was among the earliest and biggest names to be ensnared in the #MeToo movement against sexual assault and harassment that swept across the entertainment and other industries. Alan Jackson, Spacey's lawyer, was questioning the young man about what happened to the phone and whether he had deleted any messages before turning the phone over to police. The accuser then invoked his Fifth Amendment right against self-incrimination when asked about the location of the phone after claiming he did not delete text messages from the night of his alleged encounter with Spacey.
"The complaining witness was informed that if he chose to continue to invoke his Fifth Amendment right, the case would not be able to go forward", the statement said.
According to O'Keefe's press release, on Sunday, the accuser, family members and O'Keefe met in the District Attorney's office to further review the case. The man "elected not to waive his right under the Fifth Amendment", prosecutors said.
Mitchell Garabedian, the attorney representing the accuser's family, said in a statement that "my client and his family have shown an enormous amount of courage under hard circumstances". "I have no further comment at this time".
According to the court filing, the suit was dismissed "with prejudice", which means it can not be refiled.
Spacey's accuser dropped a civil lawsuit on July 5.
The Nantucket case was one of few criminal cases to be brought as a result of Hollywood's #MeToo scandal.
The Nantucket accuser told police that Spacey had bought him several rounds of beer and whiskey at the Club Car Restaurant on the island in July 2016 when he was 18 and said at one point, "Let's get drunk", according to charging documents.
As they stood next to a piano, Spacey groped him, he told investigators. He said that he fled when Spacey went to the bathroom.
House of Cards had been cancelled ahead of the allegations coming to light, and Netflix maintained that the decision was made without knowledge of the accusations against the series' leading man. Production on the sixth season of the series was halted as reports of Spacey's engaging in sexual assault and harassment on set began to surface.
Spacey has faced several other accusations.
Spacey first became embroiled in controversy in October 2017 when actor Anthony Rapp accused him of trying to seduce him in 1986, when Rapp was 14.