David Vulin, the West Hollywood father caught on video striking conservative streamer Ryley Niemi in April, will not be prosecuted after signing a “pre-filing diversion” agreement with the Los Angeles County District Attorney’s office, his attorney said Thursday.
Vulin, 32, was arrested on suspicion of battery and vandalism after the April confrontation. Police had been called after video of the incident circulated online. The exact terms of the diversion agreement have not been disclosed.
The confrontation began when Niemi approached Vulin and his husband, who were out with their young child, and asked whether they had heard “statistics coming out that gay men are much more likely to commit child molestation.” Niemi also asked the couple whether they had paid $50,000 to a woman to get pregnant.
Vulin struck Niemi during the exchange. Niemi has said Vulin also broke his camera.
In a statement, the family said they were relieved by the outcome but frustrated that Niemi faced no consequences.
“The person who provoked this encounter with hate speech then filmed and monetized it, faces no consequences,” the family said. “But we’re determined to turn this into something meaningful. Anthony is working with state legislators on a bill to hold rage-bait creators accountable for the harm they cause.”
Niemi told the Los Angeles Times he was shocked by the decision and believes Vulin should have faced a felony assault charge.
“This wasn’t a normal battery. I walked away 500 feet,” Niemi said. “He hit me in the back of the head and gave me a concussion.”
Niemi said he is considering a civil lawsuit against the couple. He also said he asked similar questions of other people that day and none reacted as the Vulins did, adding that he only raised the question because “they brought their baby out to the gay clubs at 9 p.m.”
Niemi argued the outcome reflects a double standard.
“If they said something to me about how being conservative is bad, and I punched them, I really don’t think I’d get off the hook for that,” he said.
