( CNN ) -- A 40-year-old man who allegedly punched and shouted racial slurs at V. Stiviano outside a Manhattan hotel was released on his own recognizance Wednesday as prosecutors investigate possible hate crime charges against him . Dominick Diorio allegedly followed Stiviano -- whose audio recording of Donald Sterling ranting against African-Americans led to his NBA lifetime ban -- from a restaurant to a hotel and taunted her with racial slurs , according to a criminal complaint . When she got into a cab with companions , the complaint said , Diorio `` reached through an open taxi window and struck her in the face with his closed fist , '' causing swelling , redness and pain in her right cheek . According to the complaint , Diorio swung his fists at her , saying , `` Yeah , I 'll f**king hit a girl . I 'll hit you , you n****r bitch . '' David Scott Smith , Diorio 's attorney , said outside court that his client `` vehemently denies each and every allegation . '' `` I am confident that as this case goes forward and the investigation continues , Ms. Stiviano 's allegations will likewise begin to fail and , at the end of the day , the assault charge will be dismissed , '' he said . `` Simply put , a credible victim of a crime does not have her attorneys call the press before she calls the police . Ms. Stiviano seems intent on keeping her name in the spotlight but I can assure you that if this case goes to trial , my cross-examination will last longer than her 15 minutes of fame . '' Stiviano filed a formal police complaint Monday -- one day after the alleged assault . Diorio was arraigned Wednesday on a charge of third-degree assault and prosecutors agreed to his release pending an investigation of hate crime charges . The case will be presented to a grand jury . Diorio , who surrendered to police , next appears in court July 30 . The complaint said Dioro followed Stiviano on the street while repeatedly calling her a `` n****r bitch '' and a `` whore . '' Stiviano told police she was with her sister and a friend at Revel restaurant when a group at another table called her a prostitute and shouted slurs at her , a NYPD official said . Stiviano and her sister exchanged words with the group . When Diorio allegedly put his cell phone near Stiviano 's face to snap a photo , she knocked the phone out of his hands and walked out of the restaurant , the police official said . Stiviano told investigators that she and her sister were followed by the group as they walked to the Gansevoort hotel to hail a cab , the official said . Video obtained by police showed the women were followed by two men and a woman from outside the restaurant to the hotel . Outside the hotel , the official said , Diorio allegedly directed more slurs at Stiviano , who got into a cab with her sister . One man held the cab door open , while the other yelled at her and punched her in the face . The man who held the door then spit at her , the official said . The second man has not been arrested . Stiviano and her sister left the cab and got into a shoving match with the two men , the official said . Witnesses told police that Stiviano and the men were in a fighting stance when both men threw punches at her . Two other men intervened and broke up the fight . Security at the Gansevoort called police , the official said . When officers arrived , one of the men who attacked Stiviano was bleeding . He said he had fallen to the ground . A witness provided police the name of one of the attackers , who was located in a Facebook photo of the group from Sunday . The group was out celebrating the suspect 's 40th birthday , according to the law enforcement official . Police also identified the second man and were trying to locate him . `` We understand that there are now two videos of the assault that have been located , '' Mac Nehoray , Stiviano 's lawyer , said in a statement . `` In addition , several witnesses have been come forward with relevant and critical information regarding the facts surrounding the incident and the identity of the assailants . '' The assault came after video surfaced on TMZ that showed Stiviano making disparaging remarks about African-Americans . `` I do n't understand black people . You give them a little bit of money , they do n't know what to do with it , '' she says in the video that purportedly dates back to 2011 as part of a reality show pilot , TMZ said . CNN reached out to Nehoray for comment on the video but has not received a response . Stiviano is known as the woman who recorded inflammatory remarks by Sterling , owner of the Los Angeles Clippers basketball team , which spawned outrage among NBA fans , players and executives . In that recording , Sterling chastises Stiviano for posting pictures online of herself with African-Americans , including NBA legend Earvin `` Magic '' Johnson . He tells her not to bring Johnson to Clippers games . NBA Commissioner Adam Silver banned Sterling from the league , fined him $ 2.5 million and pushed through a charge to terminate all of his ownership rights in the franchise . Sterling sues NBA for $ 1 billion as questions over his mental state loom . CNN 's Joe Sutton and Shimon Prokupecz contributed to this story .
Suspect in V. Stiviano assault released on his own recognizance . Dominick Diorio turned himself in to police , NYPD source says , and later was ID 'd by Stiviano . Police had spoken to the Long Island man the night of the alleged attack . V. Stiviano says two men yelled at and hit her .