The 'Jerry Maguire' actor was charged with forcible touching in June following an allegation he groped a woman's breast in a club but he appeared in court on Thursday (10.10.19) for what was assumed to be a hearing on the matter and it turned out to be for something else.
According to TMZ, the Manhattan District Attorney told the judge there was an additional incident that is the basis of a new charge, and he will be arraigned for it next week.
It is unclear if the alleged victim is the same woman who made the initial allegation. When Cuba was first arrested, it was revealed New York police were also investigating another incident, but it is also unknown whether this is connected to the new charge.
The 51-year-old actor previously asked for the groping charge to be dismissed, arguing his accuser had a "warped mental state" and CCTV footage was inconclusive.
Documents filed by the star's attorneys, Mark Heller and Peter Toumbekis, cited the woman's blog posts, in which she allegedly said she was suffering from PTSD and anxiety and felt starved of attention.
However, the DA's office insisted they were matters to be addressed at trial, and felt that the accuser's mental health history was irrelevant and if the case were dismissed, it could send a message that using a victim's past against them could work.
Prosecutors dismissed the 'American Crime Story' actor's claim of police misconduct, arguing his lawyers misrepresented the police report and NYPD's initial investigation of the case.
But Cuba and his team are still confident the case will be dismissed.
Mr. Heller said recently: "The Court in its wisdom can review the video which, without exception, does not reveal any criminal conduct on the part of Cuba."