UPDATE: The bizarre fight that broke out after the Met Costume Institute Gala between actor Kiefer Sutherland and fashion designer Jack McCollough is now in the lands of law enforcement officials in NYC.

Jack McCollough in NYC today

Kiefer Sutherland will surrender to prosecutors in several weeks and face only a minor assault charge after head-butting Proenza Schouler designer Jack McCollough at an afterparty at Submercer. When Sutherland is formally charged, it could violate the conditions of his probation for a 2007 drunken driving charge in LA. The actor was put on 5 years probation after serving 48 days in jail for driving under the influence in 2007. He was already on probation for a 2004 drunken driving charge at the time. The Los Angeles attorney’s office said about Sutherland’s latest legal troubles, “There is an ongoing investigation, and we’ll wait until that is concluded. We would need to see the specific facts of what happened before we make a determination as to whether or not probation has been violated.”

Jack McCollough was seen out today with a cut across the bridge of his nose. His rep has spoken out in his defense saying, “Anyone who knows Jack McCollough knows that he would not hurt a fly. All we can say at this point is that he was the victim of a vicious, violent, unprovoked assault and that the matter is in the hands of the authorities.” Sutherland, who has not been seen since the brawl and is hiding out in a friends NYC apartment, will face a third-degree assault charge for attack. He will be issued a desk appearance ticket for the misdemeanor and will be free to travel before his arraignment date.