The Los Angeles City Attorney’s Office has declined to move forward on an assault charge filed by Tom Arnold after an altercation with mega-producer Mark Burnett during a pre-Emmy Awards party last month. Deadline confirmed that the Attorney’s Office cited insufficient evidence in declining the case.

Arnold filed a police report September 17, the day after he and Burnett’s confrontation at the “Evening Before” party in Century City benefiting the Motion Picture Television Fund. Arnold, host of the Viceland series The Hunt For The Trump Tapes, tweeted that Burnett, chairman of MGM Worldwide Television, “just went apesh*t & choked me at this huge Emmy party.”

Sources said Arnold was behind Burnett at the party and seemed to be approaching him before the encounter, which lasted about 30 seconds according to eyewitnesses.

Arnold was heard describing the encounter later that night, telling people that tapes of Donald Trump from the Burnett-created The Apprentice had just been “handed over to Ronan Farrow.” He has been vocal in goading Burnett, claiming the latter has embarrassing tapes of Trump from the series. “I’m going to keep hammering Burnett until he shows” those tapes, Arnold told TCA in July.

Burnett’s wife Roma Downey also tweeted about the altercation, saying Arnold “tried to ambush my husband.”