The fight between "The Apprentice" producer Mark Burnett and actor / comedian Tom Arnold at the "Evening Before the Emmy" party in September will not be prosecuted, says the Los Angeles city attorney's office.

"I can confirm that (on Wednesday) our office refused to bring criminal charges in that matter because of insufficient evidence," City Attorney Frank Mateljan said in an email to USA TODAY. "There are no more details available at this time."

The city prosecutor was dragged briefly into the ongoing conflict between Burnett and Arnold after Arnold filed a police report after the September 16 party alleged that Burnett had assaulted him.

Burnett declined to comment on USA TODAY.

Arnold tweeted a statement, also sent by email to the US. TODAY, declaring that he would not abandon the matter.

"I intend to file a lawsuit against Mark Burnett for assault and assault, and there were several witnesses who corroborated what he did to me that night." The police department informed me that the witnesses were reluctant to appear against Mark Burnett because he is a powerful man. but that will not stop me from making sure that Mr. Burnett is responsible for his behavior. "

Arnold intends to file a lawsuit in a civil court, according to his representative, Lauren Mele.

The accounts differed as to who started this alleged fight. Arnold and Burnett's wife, actress Roma Downey, published mourning tweets accusing the other of provoking the attack.

"Mark Burnett just went (repented) and choked me at this big Emmy party, then ran away with his torn pink shirt and the lost gold chain, I'm waiting for LAPD," ​​Arnold wrote on Twitter.

Downey said she was bruised when she tried to intervene and published a photo of her.

"I got this bruise tonight when Tom Arnold tried to ambush my husband Mark and me at a charity event," Downey replied. "Is your TV show worth it, Tom? Please stop," he added.

What is this about? Promotional zeal may be at stake.

Burnett is the producer who gave the United States "The Apprentice," starring Donald Trump, who used his celebrity enhanced program to run and help him win the presidency.

Arnold, who is not a Trump fan, claims, without proof, that Burnett has shots of the show in which Trump allegedly uses racist and offensive terms for women.

Tom Arnold talks about "The Hunt For The Trump Tapes" on the press tour of the Television Critics Association on July 26, 2018 in Los Angeles. (Photo: Jesse Grant / Getty Images for A + E networks)

Burnett, a Hollywood Democrat and self-styled supporter of Hillary Clinton, has repeatedly denied it. There are no such tapes, he said, and in any case, he sold the show to entertainment conglomerate MGM.

Burnett is now president of the MGM television division, but he says that neither he nor MGM could open files or release tapes, if they existed, because the files are contractually confidential.

Meanwhile, Arnold's new television show, "The Hunt for the Trump Tapes," which will premiere on Viceland days after the party, is about Arnold's "search" of the tapes.

The city attorney's office has now decided that there is not enough evidence to justify the tax expense to unravel this Hollywood dispute.

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