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AP/ June 1, 2010, 3:04 PM

Gene Simmons Avoids 1 Attack Charge, Faces Other

Prosecutors will not charge Kiss rocker Gene Simmons over an alleged attack on a couple at an upscale outdoor mall, while a new, separate civil lawsuit claims the musician sexually assaulted a makeup artist.

The district attorney's office stated in documents Wednesday that there was not enough evidence the 60-year-old musician threatened Nathan Marlowe and his wife Cynthia Manzo at The Grove mall in Los Angeles last December.

Marlowe had said the musician choked the couple and took their video camera after they started filming the star, while Simmons told police that Marlowe shoved the camera in his face and that he feared for his family's safety.

Simmons' attorney Barry Mallen called the decision "completely expected." The couple's attorney, Matthew Nezhad, said Thursday that they would pursue the matter with the district attorney's office.

"We don't understand how there could not be a charge if he admitted to taking the camera," he said.

Nezhad also said a civil lawsuit filed in December by Marlowe and Manzo against Simmons was still pending. The couple is seeking more than $25,000 in damages for claims of assault, battery and emotional distress, including damage to their sex life.

Simmons also faces a separate civil lawsuit, which was filed Thursday in Los Angeles by makeup artist Victoria Jackson, on allegations of sexual assault and battery. She is seeking unspecified damages.

In court documents, Jackson claimed she was working for ESPN Sports Center on Nov. 24, 2009, when she met Simmons wearing his Kiss costume. She alleged that Simmons said "in a lecherous and inappropriate manner, 'I like you.'"

Jackson claimed Simmons then shook her hand, grabbed and hugged her, with his costume's spiked chest plate jabbing her in the face.

After she resisted his embrace, Jackson claimed, Simmons started grinding into her, then finally released her.

Jackson described the alleged incident as "degrading, shocking and humiliating." A phone message left for her attorney, Richard Kolber, was not immediately returned.

Simmons' spokesman, Allan Mayer, said his client filed suit against Jackson last week.

In a statement, Mayer said Simmons "categorically denies" the allegations and Jackson is trying to get "compensation from him for nonexistent injuries."

His claim argues that his costume is like a suit of armor and would have made it impossible for him to grind into Jackson because it covers his groin area with a cod piece.

"Mr. Simmons intends to defend himself aggressively and looks forward to refuting Ms. Jackson's charges in the courtroom," the statement said.
AP
7 Comments Add a Comment
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pragmatist1 says:
Simmons is an old used up has-been that still thinks he's appealing. Not! Glad he's being sued for taking liberties of any kind with a stranger who apparently made it clear to stop.
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signseeker1717 says:
Aw..poor baby. He should know better. But at least he gets publicity to sell his book on the "rich history" of prostitution. And what an appropriate choice of subject matter; he certainly knows how to exploit that family he was so bravely defending from a couple of pinhead tourists. He shouldn't worry; he can use some of the royalties to pay 'em off. After all, that brothel is a big enough tent for ALL of you. Keep on rockin' and rollin' to the bank, Gene, more power to ya. But not on MY dime.
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bankersvox says:
This country is sue happy - what kind of lawyer would take a case like this ???
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Smedshammer says:
I've heard directly that Gene Simmons is a one of the nicest people that you could meet. My son in-law is a policeman and he had the opportunity to do security for Mr. Simmons when he visited Richmond VA. Mr. Simmons invited them to have lunch and he had the officers sit down and Mr. Simmons served them lunch personally. I can't believe anyone would think Genen Simmons could intentionally hurt anyone. I think the accusers should have respected Gene Simmons space and also his time with his family and not "threatened" Mr. Simmons and his family with a camera. It's obvious he felt treatened for his family's safety. We love you Gene.
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mari1963 says:
How could Gene be afraid for his family's safety? He parades his family and immoral lifestyle on TV every freaking week! I think Gene and Shannon are media ****** who have their entire life built on a house of cards. They're both disgusting.
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C_Stovall says:
I hope that some day I meet a celebrity so I can sue them and get my 15 minutes too.
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wdh3007 says:
were suitable & warranted and that trumps anythinWhat does the couple's sex life have to do with anything and who cares anyway this sounds more like a set up. Stick a camera right in anyone's face unexpectedly and see what a reaction one might get. I would say the couple was probably expecting Simmons to react in some way to be awarded money in a civil suit. All Simmons has to tell the judge is that "he feared for him & his family's safety" and so his actions were warranted given the situation at hand.
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