LOS ANGELES – 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.
By SOLVEJ SCHOU,
The Associated Press
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