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2nd Update: L.A. DA decides not to prosecute Sean Avery

New York Rangers left wing Sean Avery reacts

New York Rangers left wing Sean Avery reacts after having a shot on goal stopped during the third period against the Carolina Hurricanes at Madison Square Garden. (Jan. 5, 2011) Photo Credit: Christopher Pasatieri

Sean Avery, arrested for battery for allegedly shoving a Los Angeles police officer during a loud party as his Hollywood Hills home on Aug. 5, won't face criminal charges.

After receiving a report on the police investigation, the Los Angeles City Attorney's Office decided not to prosecute based on the evidence, spokesman Frank Mateljan told Newsday today. He said the issue will be resolved during an office hearing with Avery next month.

A spokesperson for the Los Angeles County Attorney's office had told Newsday earlier that "my understanding is that the LAPD closed their investigation. There is no next step."  An LAPD spokesman said only that the incident was "relatively minor. I wouldn't be surprised if it had been was dropped."

According to TMZ, police officers and witnesses are now saying that the officer who filed the report got his foot caught in Avery’s front door while responding to a 1 a.m. noise complaint from a neighbor. 

Law enforcement sources told TMZ: “No criminal charges of any kind will be filed against Sean Avery stemming from his August 5 arrest for battery on a police officer.”

Both an NHL executive and team sources said the TMZ report was accurate.

Avery, 31, posted $20,000 bail, hired Los Angeles attorney Blair Berk---who has represented Mel Gibson, Lindsay Lohan and other celebrities---and a court date was set for Sept. 2.  Berk told Newsday that she felt it was "inappropriate" to comment on the city's attorney's decision. 

Avery who has returned to New York and skated in an informal workout with some teammates in Westchester this week, has not commented.

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