Photo credit: /WENN Tom Cruise doesn't think the drunk man who tried to enter his property Sunday night, October 28 at 9:35 P.M. is dangerous. The intruder was arrested by cops and later cited for misdemeanor trespassing, but the "Mission: Impossible" actor will not sue him.

The trespasser is identified as Jason Sullivan, an Australian model/interior designer/reality star who's living next door in the house that belongs to Tom's agent, Kevin Huvane. He was caught by the actor's security guard trying to climb over the fence to get into the house.

He was shot with a stun gun and detained by the bodyguard until cops arrived on the scene. "Sullivan lives at an adjacent property and was intoxicated at the time of the incident and may have confused himself and entered the wrong property," police said in a statement.

The former husband of Katie Holmes and his family were not at home when the incident happened. "Tom's not a vindictive guy," his lawyer Bert Fields tells TMZ about the 41-year-old intoxicated neighbor, "The guy was drunk. He didn't have a malicious intent."

Jason was taken to a nearby hospital to treat his injuries related to the tasering. He reportedly has been released later that day.