The Palm Beach County State Attorney's Office will not file charges against the "Goodfellas" star because there was no likelihood of conviction, said to Assistant State Attorney Jill Estey Richstone.

"The investigating officer was unable to determine who the primary aggressor was and there are no independent witnesses to the incident," Richstone wrote in response to a Boca Raton police warrant request.

Broward Community College student Juan Carlos Montenegro, 24, told police that Pesci punched him on Jan. 22 during an exchange at a Boca Raton shopping center. Montenegro told police that after encountering Pesci he shook the actor's hand and told him he was a big fan. He then purchased a camera, walked toward Pesci and asked for a picture, but the actor refused, the police report said.

Montenegro kept asking to take a photograph, and when Pesci turned around, Montenegro took the photograph. Pesci then punched him with his right fist, the police report said.

When Montenegro reported the incident police said his lip was red and slightly swollen, the report said.