The Expendables 3 actor and his brother were arrested and booked for assault with a deadly weapon following an altercation at a Kenny Chesney and Jason Aldean gig in Pasadena, California in July (15).

The District Attorney has now rejected the felony case against Ortiz, according to

The case has been handed down to the Pasadena City Prosecutor to consider pursing a misdemeanour charge of assault with a deadly weapon.

It is not clear if the ruling includes the case against Ortiz's brother.