The assistant city solicitor captured on camera with a second man, who is seen vandalizing a Chestnut Hill grocery store, will not be charged and will keep his job, officials said Saturday.

Duncan Lloyd, 32, was identified in surveillance footage that captured Lloyd and a second man walking along Germantown Avenue in Chestnut Hill on Nov 25. In the footage, Lloyd is seen wearing a blue blazer and holding a glass of wine while appearing to film or take photos of a second man, who spray paints “F— Trump,” on the wall of a newly opened Fresh Market.

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Craig Straw, First Deputy City Solicitor of the Philadelphia Law Department, said he learned today that Lloyd would not be charged. He said Lloyd, who has been on a two-week leave without pay since the incident, will keep his job and complete 40 hours of community service.

“Earlier today, the District Attorney’s office informed us that the Police Department did not submit a warrant to the Philadelphia District Attorney’s Office requesting Duncan Lloyd be charged with any crime. Therefore, no criminal charges have been brought against Mr. Lloyd for the incident,” Straw said in a statement.

“Even though Mr. Lloyd’s actions did not amount to criminal conduct, the Law Department feels that his actions were inappropriate and warrant additional disciplinary action beyond the suspension without pay. We have directed Mr. Lloyd to volunteer with the City’s Community Life Improvement Program (CLIP), working with its Graffiti Abatement Team, for no less than 40 hours in total upon his return to work. Mr. Lloyd will continue to cooperate with law enforcement’s investigation in the matter and accepts the discipline.”

The city’s Inspector General, Amy Kurland, defended the decision in a statement.

“I have reviewed the matter and have found that the punitive measures of unpaid leave and community service are appropriate, and are consistent with the discipline imposed on city workers who have engaged in comparable examples of conduct. I am comfortable with how this matter has been concluded.”

Police have not said whether anyone was charged in the incident. The second man, captured spray painting the wall, is described as 20 to 30 years old, 6 feet tall, medium build, and wearing a blue hooded jacket.

In a statement sent by his attorney, Lloyd said, “I sincerely regret the incident that occurred on Thanksgiving night in Chestnut Hill. I apologize to the Chestnut Hill community and the store. For embarrassment to my family, friends, and co-workers at the City, I apologize and thank them for their support.”

William J Brennan, who represents Lloyd along with attorney John W. Morris, said his client was embarrassed by the whole incident but that the district attorney’s office and the city made the right call.

“That’s a glass of wine in my guy’s hand not a can of krylon,” Brennan said. “I commend the District Attorney’s office for being patient and pragmatic and recognizing that in our commonwealth being merely present when a crime occurs does not impute culpability.”

Brennan said Lloyd plans to issue a public apology. He said the incident unfolded following a Thanksgiving get-together.

“Late in the evening a couple of individuals went out to get some air and another individual, without any advance notice to my client, began to commit that act and unfortunately our client was their when it occurred,” he said.

Brennan would not comment on whether Lloyd took video of the incident as the surveillance footage seems to show, except to say, “no still shot or video has popped up anywhere.”

The incident sparked national attention and outrage from the local Republican party, which called for Lloyd’s firing.

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