Tom Arnold’s Assault Case Against Mark Burnett Dropped by L.A. City Attorney

The Los Angeles City Attorney’s Office will not move forward on assault charges filed by Tom Arnold against Mark Burnett, PEOPLE confirms.

A spokesperson tells PEOPLE: “The matter was reviewed by our office and we ultimately declined to file based on insufficient evidence.”

TMZ was the first to report the news.

Arnold, 59, filed a battery report with the Los Angeles Police Department against Burnett 58, in September after alleging the chairman of MGM Worldwide Television choked him at a pre-Emmys party.

RELATED VIDEO: Tom Arnold Files Police Report Against Mark Burnett After Claiming Producer ‘Choked’ Him

Prior to their encounter, Arnold — who hosts Viceland’s The Hunt for the Trump Tapes — had spent months bashing Burnett on social media, insisting that the Apprentice producer is protecting former star Donald Trump by refusing to release alleged tapes of the now-president saying the N-word while filming the NBC reality show.

Speaking to Extra’s Mario Lopez earlier this month, Arnold said he “tried to avoid” Burnett before the alleged attack.

“I didn’t say a word and he literally started choking me,” he alleged. “He grabbed me by the esophagus. … I almost went backwards.”

While Burnett did not address the issue, his wife Roma Downey put the blame on Arnold.

“Got this bruise tonight when Tom Arnold tried to ambush my husband Mark and me at a charity event. Is your TV show worth it Tom? Please stop,” Downey tweeted alongside a photo of what appeared to be a bruised hand.

“Bulls—,” Arnold fired back. “You lie your crazy husband attacked me you psycho. I’m filing police report & suing you for defamation.”

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