Joseph Arcidiacono, 33, is charged with aggravated assault with a deadly weapon.
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ORIGINAL STORY: HPD arrests 33-year-old accused of throwing hard seltzer can at Sen. Ted Cruz during Astros parade
A judge set Arcidiacono's bond at $40,000, but the public defender wanted it to be $100, arguing that she questions the charge since she doesn't believe the cans meet the requirements of being considered a deadly weapon.
She cited a 2003 Texas criminal appeals case that required a deadly weapon object have more than a hypothetical capability of causing death or serious bodily injury. The attorney said that Arcidiacono was standing about 20 feet away from Cruz and that the officer's statements in the case don't meet those requirements.
Still, Arcidiacono will have to meet various bond conditions, including not going within 1000 feet of the senator's work or home, wearing a GPS monitoring device, making no threats to Cruz and no drugs, alcohol or guns.
While there was indeed rejoining and celebration along the parade route, Cruz was booed while on board the back of a Humvee.
It was while he was in that vehicle that the cans were thrown.
A video obtained by Eyewitness News shows the incident happened in front of a Spec's Liquor Store on Smith near McIlhenny.
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"HPD made one arrest during today's victory parade. A male, 33, threw a beer can at U.S. Senator Ted Cruz as the Senator was on a float in the 2400 block of Smith St. The beer can struck the Senator in the chest/neck area. The Senator did not require medical attention," HPD tweeted. "Nearby HPD officers arrested the male without further incident. He was taken to jail and faces assault charges."
Court documents obtained by ABC13 late Monday identified Arcidiacono as the person charged with the felony count.
The first can missed Cruz, and according to court documents, while the second can missed the senator's face, he said it him in the forearm.
According to details read in court, the suspect made a statement after he was detained, saying "I know I'm an idiot. I'm sorry."
Cruz tweeted his appreciation for law enforcement while also deriding the person who threw what the senator confirmed to be a hard seltzer.
"As always I'm thankful for the Houston Police and Capitol Police for their quick action. I'm also thankful that the clown who threw his White Claw had a noodle for an arm," Cruz tweeted on Monday afternoon.
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California Democratic Congressman Eric Swalwell weighed in, denouncing the incident.
"Don't throw beer or commit violence against someone you politically disagree with. We are a country of voting not violence," Swalwell wrote on Twitter.
While Cruz appears to have been the only one targeted, he was not the only lawmaker participating in parade festivities.
U.S. Reps. Sylvia Garcia and Lizzie Fletcher were on the Humvee with the senator. Texas Lt. Gov. Dan Patrick was in a vehicle ahead, and U.S. Rep. Sheila Jackson Lee was in the vehicle behind Cruz's.
Arcidiacono is expected back in court on Wednesday.
SEE MORE: ABC13's favorite moments of the Astros parade
Here's what you missed at the Houston Astros Championship Parade