“THE [Los Angeles] “The city attorney could prosecute based on the evidence without necessarily relying on the victim,” Los Angeles County Attorney Steve Cooley from 2000 to 2012 told The Post. “The victim is not in control of whether or not a prosecutor should prosecute,” Cooley said. “However, the charges can and should be filed because the offense was against the state of California. It’s not Chris Rock vs. Will Smith in a criminal case. “The LAPD and the city’s lawyer should not close the door on what was an obvious criminal offense and it is easily proven,” Cooley said. Cooley said the LAPD and Los Angeles city prosecutors should continue the case. Smith could be charged with a simple offense, the former prosecutor said. Former Los Angeles County Mayor Steve Cooley said that “the LAPD and the city attorney should not close the door on what was an obvious criminal offense and is easily proven.” Los Angeles Times via Getty Imag Smith, during the award ceremony on Sunday night, rushed to the stage and slapped Rock in the face after the comic erupted a joke about Jada Pinkett Smith’s baldness, which is caused by alopecia. Smith returned to his seat and shouted angrily “keep my wife’s name away from your mouth” as the surprised Dolby Theater crowd fell silent. The shocking incident was broadcast by millions on live television and many more on the internet. Shortly afterwards, an emotional Smith received the Best Actor award for his role in “King Richard” and apologized to the Academy without mentioning Rock. Chris Rock made a joke about Jada Pinkett Smith’s baldness caused by alopecia. Jordan Strauss / Invision / AP He issued a mea culpa statement to the comic late Monday. “I would like to apologize publicly, Chris,” the rapper, who became a movie star, wrote in a statement posted on Instagram. “I was out of line and I was wrong. “I am ashamed and my actions were not indicative of the man I want to be,” he said. The Academy of Motion Picture Arts and Sciences failed to intervene in the attack or impose sanctions on Smith during the ceremony, but denounced his actions in a statement, saying a “formal review” of the incident was under way on Monday. Whoopi Goldberg, governor of the AMPAS board, said on Monday that Smith would not lose his trophy, but avoided punishment. “We are not going to take it. Well, there will be consequences, I’m sure. “But I do not think it will be,” he told The View. “Especially because Chris said, ‘Listen, I’m not making any accusations.’ Sunday’s incident was not the first time Smith had touched someone at a Hollywood gala. He slapped a prankster who tried to kiss him on the red carpet at the premiere of “Men in Black 3” in 2012.