A West Hollywood father who punched a self-described “MAGA influencer” during a viral clash earlier this year will not face criminal charges, his attorney said Thursday.
David Vulin, 32, completed the terms of a “pre-filing diversion” agreement with the Los Angeles County district attorney’s office, and no longer faces the threat of prosecution, according to his attorney R.J. Dreiling. Dreiling said he could not discuss the terms of the agreement.
David was out with his husband, Anthony, and their infant son, Ante, in April when conservative streamer Ryley Niemi approached them on Santa Monica Blvd. Vulin said that Niemi — a content creator whose short-form videos largely focus on antagonizing liberals and mocking LGBTQ+ culture — claimed he was a reporter with CNN and wanted to conduct an interview.
But the interaction quickly turned sour.
“Have you ever heard about the statistics coming out that gay men are much more likely to commit child molestation?” asked Niemi, according to a video of the interview he posted to Instagram, where he has more than 73,000 followers.
Video of the incident shows David shove Niemi. Moments later, additional footage published by Niemi shows the couple and at least one other man confront him again a few blocks away. In the clip, Niemi questions if the baby is safe with his own parents. David is then seen punching Niemi in the head several times. Another man later shouts that Niemi and his video crew should be shot.
David was later arrested on suspicion of battery and vandalism by the Los Angeles County Sheriff’s Department. Niemi said he suffered a concussion in the fracas and one of his cameras was broken. Video does not show him striking either David or Anthony Vulin at any point in the clash.
Contacted by The Times on Thursday, Niemi seemed stunned that David was spared from prosecution.
“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.”
A spokeswoman for the L.A. County district attorney’s office confirmed the case was referred for pre-filing diversion and criminal charges will not be filed. An L.A. County sheriff’s department spokeswoman did not respond to a request for comment. A Los Angeles County Superior Court Judge agreed to seal all records of David’s arrest Thursday, Drieling said.
Niemi said he may still pursue a civil lawsuit against the Vulins.
In a statement, the Vulins said they were relieved by Thursday’s ruling but disappointed “the person who provoked this encounter with hate speech then filmed and monetized it, faces no consequences.”
“But we’re determined to turn this into something meaningful,” they said. “Anthony is working with state legislators on a bill to hold rage-bait creators accountable for the harm they cause.”
Based in Temecula, Niemi describes himself online as a political activist. His social media posts often show him criticizing the LGBTQ+ community. In one clip, he asks people on the street if the American government should “deport” transgender people to Venezuela. In another, recent post, he argues with a woman on a college campus while speaking in a mocking Asian accent while asking if he can “identify as Chinese.”
After the altercation, West Hollywood city officials were quick to paint Niemi as the aggressor and urged Los Angeles County Dist. Atty. Nathan Hochman not to file charges.
Niemi said he asked the same question about gay men abusing children to several interview subjects that day, and none of them reacted with violence. He insisted he only posed the question to the Vulins because they were walking their infant through an area of West Hollywood lined with nightclubs and bars.
“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, adding he only asked the question about abuse “because they brought their baby out to the gay clubs at 9 p.m.”
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