"There's not a scintilla of criminal culpability that can be contributed to Mr. Cuba Gooding Jr.", Heller said.
After saying that Gooding Jr. would be turning himself in Thursday to NYPD, Heller and the "Boyz In The Hood" actor have postponed the decision.
The filing came almost three years after Kapfer filed for legal separation from Gooding in April 2014 citing irreconcilable differences.
According to the New York Post, the woman immediately objected, which led to an argument with Gooding, which was then broken up by security.
After reviewing the security video, Heller said he was hesitant to let Gooding surrender but made a decision to go through with it.
"The NYPD takes sexual assault extremely seriously and urges anyone who has been a victim to file a police report so we can perform a comprehensive investigation, and offer support and services to survivors", police said in a statement on Monday (Jun. 10).
Police issued a misdemeanor battery warrant for his arrest, CNN reported at the time, but the bartender eventually dropped all charges.
Gooding won the Academy Award for best supporting actor in 1997 for his portrayal of an athlete in the film Jerry Maguire.
Asked about the reported allegation on Monday, NYPD spokesman Detective Martin Brown said, "We don't really have anything official to say about it other than that there's been an allegation and that it is now under investigation".
Gooding denied groping anyone during a brief interview with TMZ, telling the outlet, "I trust the system and the process will speak for itself". He also recently scored an Emmy nomination for his performance as O.J. Simpson on FX's "The People v. O.J. Simpson".