The Manhattan DA's office has announced that it will not prosecute the NYPD officer who appeared to pepper spray Occupy Wall Street protesters without provocation in a widely seen video. Inspector Tony Bologna, who was immortalized in a truly hilarious Daily Show segment called The Vigilogna, was disciplined by the NYPD for pepper spraying two women who were caught behind mesh police netting during a demonstration in 2011. The department docked him 10 vacation days and reassigned him to Staten Island, but the DA has decided there's not enough evidence to prosecute him on criminal charges.

“The District Attorney’s Office has concluded, after a thorough investigation, that we cannot prove these allegations criminally beyond a reasonable doubt," says Erin M. Duggan, chief spokeswoman for DA Cy Vance. "We have informed the Police Department, the complainants, and the City of our decision.” The DA has also decided not to prosecute Deputy Inspector Johnny Cardona, who sucker-punched a protester without provocation in full view of the press during an Occupy Wall Street march in October 2011.

The announcement, made late on a Friday afternoon with the eyes of America focused on the Boston bombing manhunt, is bound to perplex anyone who watches video of the two incidents. Gothamist's Chris Robbins personally witnessed Cardona sucker-punch protester Felix Rivera-Pitre and was the first to report on the incident. But don't believe your silly eyes, one law enforcement source tells us!

"It was not clear from the evidence that their actions were not justified," says a source with knowledge of the prosecutors' decision. "These were two on-duty members of law enforcement, reacting during a chaotic scene that included much more than the short video clips that most people have seen. The minutes before and after the incidents create significant doubt as to the criminality of the officers’ actions."

Famed civil rights lawyer Ron Kuby, who is representing the protesters in civil lawsuits, did not respond to a request for comment. But after he was punched by Officer Cardona, Rivera-Pitre told us, "The cop just lunged at me full throttle and hit me on the left side of my face. It tore my earring out. I remember seeing my earring on the ground next to me and it was full of blood. I was completely dumbstruck. I'm HIV positive and that cop should get tested." Cardona was not disciplined by the NYPD.

Here's video of that incident: