Andy Dick will not be charged with sexual assault in an incident where he pulled down a 17 year-old girl’s top. A district attorney rep said:

"We found that his actions were more in line with an assault than a sexual battery. It didn’t appear to be an overt sexual act."

Dick still faces four misdemeanor counts from his drunken tirade at the Murrieta, California Buffalo Wild Wings, and will be arraigned next week for battery, unlawful possession of a controlled substance, public intoxication and possession of less than one ounce of marijuana.

Andy Dick has joined the cast of Sober Living, which is not really rehab, but it allows the Dick to earn some money to pay his attorneys. He was arrested recently for pulling down an under aged girl’s shirt while he was very intoxicated, and right after a confrontation at a Buffalo Wings eatery.

Sober Living isn’t going to give Dick the help he needs, but maybe he’ll get luck like Steven Adler.

Adler was arrested at the Sober Living house after a staff member called the cops on him for allegedly doing drugs in the house.

Before Andy Dick was arrested for sex charges early this morning, he was recently on the new Gong Show with Dave Attell, where he exposed his penis. Click here to see the video, or the picture below for a clearer view.

Andy Dick (42) was arrested at around 2 am this morning in Murrieta, California on suspicion of drug possession and sexual battery. Police said:

"At 0113 hours, Murrieta Police responded to call at Buffalo Wild Wings [restaurant], 40484 Murrieta Hot Springs Rd., Murrieta to investigate an intoxicated male at the location urinating outside the bar and causing a disturbance. Officers arrived and stopped a truck which was leaving the location. Witnesses told the officers one of the truck occupants had sexually battered a 17 year old outside the restaurant and bar."

"The 17 yr old female victim and several witnesses told police that as Andy Dick left the establishment, he approached two females outside the bar. Dick walked up to the 17 year old female victim, grabbed her tank top and bra and pulled them down and exposed her breasts. He then was escorted by several of his friends to a truck which was stopped by arriving police officers in a nearby Sam’s Club a few moments later."

"Andy Dick was in the front passenger seat of the truck. A curbside lineup was conducted and the male was identified by the victim, as well as a witness. During a search incident to arrest, marijuana and Xanax were found in Andy Dick’s pants pockets. Andy Dick was extremely intoxicated at the time of his arrest. He was booked at the Southwest Detention Center."

In May 2004, Dick was arrested on a pot possession charge while attending the Coachella music festival, also in Riverside County.

Dick has been acting badly for a long time. Going to jail would be in his, and everyone else’s, best interest.

Jon Lovitz has no love for Andy Dick, and he’s still got a special gift for him. Here’s more:

Lovitz and Dick have been at loggerheads since a 1997 Christmas party at Hartman’s house, five months before his troubled wife Brynn flipped out, fatally shooting Hartman, then killing herself. "Andy was doing cocaine, and he gave Brynn some after she had been sober for 10 years. Phil was furious about it – and then five months later he’s dead," said Lovitz, adding that when he filled in on Hartman’s "Newsradio" sitcom, "I told Andy, ’I wouldn’t be here now if you hadn’t given Brynn that cocaine.’ "

Last year, Lovitz related, a drunken Dick strolled up to his table at Ago in West Hollywood, rudely downed his guests’ peach liqueur drinks, and "looked at me and said, ’I put the "Phil Hartman hex" on you – you’re the next one to die.’ I said, ’What did you say?’ and he repeated it. I wanted to punch his face in, but I don’t hit women."

When the two ran into each other at the Laugh Factory last Wednesday, "I wanted him to say he was sorry for the ’Phil Hartman hex,’ " Lovitz told us. "First he says, ’I don’t remember saying that.’ Then he leans in and says, ’You know why I said it? Because you said I killed Phil Hartman.’ Which I never said. Then he asked me to be in his new movie.

"I grabbed him by the shirt and leaned him over and said, ’I don’t want to be in your movie! I don’t want to be in your life!’ I pushed him against the rail. Then I pushed him again really hard. A security guard broke it up. I’m not proud of it . . . but he’s a disgusting human being." Dick’s rep said he had no comment.

Laugh Factory owner Jamie Masada, who witnessed the assault, said, "Jon picked Andy up by the head and smashed him into the bar four or five times, and blood started pouring out of his nose." Lovitz told Page Six, "All the comedians are glad I did it because this guy is a [bleep]hole."

Phil Hartman was a great talent, and Andy is like a zit that won’t go away. I’m in the camp that would like to see the first time machine used to send Andy Dick back in time and Phil Hartman brought to the future, so Andy is blown away at the end of Brynn’s shotgun instead of Phil.