A gay father will not face charges for attacking a MAGA influencer who falsely accused him of being a pedophile. 

In April, conservative influencer Ryley Niemi approached David Vulin, 32, and his husband, Anthony, while they were walking around with their son, Ante, in West Hollywood. 

After confirming that the pair were a couple and the baby they were with was theirs, Niemi said: ‘Cool. Have you ever heard about the statistics coming out that gay men are statistically much more likely to commit child molestation?’ 

‘No, that sounds crazy,’ Anthony replied as he rocked his baby, a video posted to Niemi’s account showed. David appeared to notice the cameraman as his husband continued to talk with the influencer. 

Niemi went on to ask the couple: ‘Don’t you think it’s weird that you guys have a child, but neither of you are a woman?’ 

Anthony replied: ‘No.’ 

Niemi did not cite where he got his research from. Research led by Dr A Nicholas Groth, who studies adult male offenders, found that nearly 80 percent of men who molest children were heterosexual or bisexual, while only 21 percent were homosexual.

He also found the majority of the men were married with children. 

Anthony (left) and David Vulin (right) were walking home in West Hollywood in April with their son Ante when they were approached by conservative influencer Ryley Niemi 

David was seen punching Niemi later in the evening. He was later arrested 

He initially shoved Niemi during the initial encounter, telling him: ‘F**k you’ 

When Niemi began asking the two men if they paid a surrogate to birth their baby, David directed his kindhearted husband away from the conversation. 

‘Who are you?’ David asked as he got into Niemi’s face. ‘You’re going to f**king get your ass kicked. F**k you,’ he said as he appeared to shove the influencer. 

Later on, the pair approached Niemi, who was further down the street. David appeared to launch himself at Niemi, before hitting him repeatedly in the head. 

David was later arrested on suspicion of battery and vandalism, as one of Niemi’s cameras was broken during the commotion. 

Niemi claimed he suffered a concussion from the assault. 

‘This wasn’t a normal battery. I walked away 500 feet,’ he told the Los Angeles Times. 

However Vulin’s case has now been reportedly referred for pre-filing diversion, and his criminal charges have been dropped.

Niemi was also reportedly shocked to learn David’s charges were dropped. The influencer said he would consider filing a civil lawsuit against the couple. 

Niemi asked the fathers if they knew gay men were more likely to molest children. He did not cite where he got his research and evidence does not support Niemi’s claim 

However, the Vulins are relieved by Thursday’s ruling. The couple still believe Niemi should face consequences for provoking the encounter. 

They also told The Times in May that Niemi had told them he was with CNN when he approached them.  

‘But we’re determined to turn this into something meaningful,’ the couple told The Times. ‘Anthony is working with state legislators on a bill to hold rage-bait creators accountable for the harm they cause.’ 

However, Niemi said if it was the other way around, the ending would be different. 

‘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 told The Times. 

He then insisted he only approached the couple, ‘because they brought their baby out to the gay clubs at 9pm.’ The video posted by Niemi only showed the couple walking down the street with a stroller. 

City officials rallied around the couple after the altercation, with West Hollywood Mayor Danny Heng calling the encounter ‘unjust.’ 

‘These trolls came to our city and disrupted our way of life and they attacked him for clickbait purposes,’ he said at the time.  

David (left) told Niemi: ‘You’re going to f**king get your ass kicked,’ after the influencer continued to ask them offensive questions

The influencer, who is a part of Turning Point USA, often posts videos with conservative talking points, like whether immigrants are good and whether liberals can identify a woman. 

He has nearly 100,000 followers on Instagram.  

The Daily Mail has reached out to David, his lawyer, and Niemi for comment.