The Los Angeles County District Attorney’s Office has declined to pursue felony charges against the man who attacked comedian Dave Chappelle last month.

District Attorney Jackie Lacey’s office said in a statement that it had reviewed security footage and interviewed witnesses, but could not determine beyond a reasonable doubt that the man identified as Isiah Lee had committed a felony.

The suspect is still being held in jail over the attack and has bail set to $30,000. But this move by the “Soros-backed” DA sets a scary precedent, with some critics thinking it will invite more crimes like this one.

Lee was carrying a replica gun with a knife, so the initial arrest also included assault with a deadly weapon. Not only that, but Lee also appears to have a Spotify profile with a song dedicated to Chappelle, in which he mentioned the Hollywood Bowl, the place the attack occurred.