Tom Arnold’s battery claims against ‘Apprentice’ producer Mark Burnett dropped by prosecutors

Tom Arnold’s battery claim against “Survivor” creator Mark Burnett is dead in the water.

Prosecutors looking into Arnold's claim that he was choked by Burnett at an Emmy Awards party last month told Fox News they have declined to file charges.

"Yes, I can confirm that yesterday our office did decline to file criminal charges in that matter due to insufficient evidence. No further details are available at this time,” Los Angeles City Attorney spokesperson Frank Mateljan told Fox News Thursday.

Arnold said in a statement released Thursday on Twitter that despite the prosecutor's decision, he intends on move forward with his claims against Burnett.

"I intend to proceed with a claim against Mark Burnett for assault and battery. There were several witnesses who corroborated what he did to me that evening. The Police Department informed me that witnesses were reluctant to come forward against Mark Burnett because he is a powerful man, but that won't stop me from making sure that Mr. Burnett is held accountable for his conduct."

The alleged assault occurred just two days before the premiere of Arnold’s Viceland show “The Hunt for the Trump Tapes,” and Arnold, 59, wrote on social media that Burnett hightailed it after their scuffle with a torn shirt in tow.

“Mark Burnett just went apes--- & choked me at this huge Emmy party then he ran away with his torn Pink shirt & missing gold chain,” Arnold tweeted Sept. 16.

The comedian and ex-husband of Roseanne Barr filed a police report with the LAPD the following day, but other witnesses, including “Survivor” host Jeff Probst, allege that Arnold attacked Burnett first, forcing Burnett to defend himself by grabbing Arnold’s neck, according to TMZ.

Meanwhile, Burnett’s wife, actress Roma Downey, also took to social media at the time and claimed Arnold was the aggressor while sharing a photo of a bruise on her hand she allegedly received during the scrap.

“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.”

Arnold fired back at Downey and called her claims “bull----,” and said her bruise was at least a couple days old.

“You lie your crazy husband attacked me you psycho,” he said in a reply tweet, threatening to sue for defamation.

“Roma knocked Bryan Fogel’s phone out of his hand after Mark Burnett chocked (sic) me,” Arnold tweeted. “Bryan came with me. He won the Oscar this year for his amazing documentary Icarus. He has tape.”

TMZ also reported that Probst said that the entire incident reeked of a set up as Arnold appeared to be waiting for Burnett to arrive so he could make his move.