TMZ has learned the Los Angeles City Attorney's office has decided not to file assault charges against the actor who played Uncle Rico in "Napoleon Dynamite" (aka Jon Gries). Instead, the incident has been referred to the City Attorney hearing program, where the two parties will try and resolve their case without criminal implications.

The news comes exactly one week after Gries was arrested for his role in an alleged road rage incident.

Police claim the incident escalated into a physical altercation. TMZ is told officers labelled Gries as the "primary aggressor" and booked the actor for simple assault. Gries posted $2,000 bail and was released.

Calls to Gries rep were not returned.