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Without having control of his arms, legs, hands and needing constant assistance to get around, a wheelchair bound man is being accused of sexual assault.

According to a Queens TLC judge, however, the man, Cheecho Mertsaris, grabbed her upper thigh and her butt while they were in a room alone while his aid was filing papers.

The Queens District Attorney has moved forward to prosecute the man and had Mertsaris brought in to be fingerprinted.

In defense of Mertsaris, who also suffers from cerebral palsy because his brain was damaged during his delivery at birth, sources are saying that his hands tend to flail around, which essentially caused the issue.  When people get to close to him, he generally gets nervous and has less control over his arms swinging.

In response to the claims of sexual assault, he simply hit accidentally.

A spokesman for the district attorney’s office has stated that the prosecutor isn’t believing the story fully and thinks that he can actually use his hands.

Mertsaris is set for trial in June.