There is insufficient evidence for a Martha's Vineyard resident to bring an assault and battery charge against James Belushi, a clerk magistrate ruled.

However, the magistrate, Thomas Teller, ruled Wednesday that a complaint of criminal trespassing could be brought against Franz Guest III over a June 28 incident on a Chilmark beach.Police said Belushi, a summer resident of the Vineyard, asked Guest to leave the beach, saying he was walking on private property.

But Guest, a a year-round resident, said he was in the intertidal zone, a public area between high- and low-tide marks. He told police Belushi shoved him and mocked, "look at that, he assaulted me."

Guest filed an assault and battery complaint. Belushi countered with the trespassing complaint. Both return to court Aug. 5.