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Gene Simmons: Kiss Star Not Charged in Alleged Assault Case

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By Kamika Dunlap on June 04, 2010 12:45 PM

The charges were dropped against KISS star Gene Simmons in an alleged assault case.

Prosecutors say there is not enough evidence to bring an assault case against the 60-year-old musician, who was involved in an incident with a couple last year at an upscale outdoor mall in Los Angeles, the Associated Press reports.

As previously discussed, husband and wife Nathan Marlowe and Cynthia Manzo accused Gene Simmons of threatening and assaulting them and then swiping their video camera after they shot footage of him at the Grove mall.

However, Simmons told police Marlowe shoved the camera in his face and that he feared for his family's safety.

Generally, assault requires:

  • An act intended to cause an apprehension of harmful or offensive contact; and
  • An act that does in fact cause apprehension in the victim that harmful or offensive contact is imminent.

In this case, according to the complaint and restraining order application, when asked what his views on monogamy were, Simmons responded by telling Marlowe to get his shot and leave. Simmons then allegedly lunged and attacked Marlowe, taking the video camera, then turned on Manzo when she tried to get the camera back, the filings state. 

After the incident a police report was filed and the couple sought a restraining order against Simmons, but that petition was denied.

A civil lawsuit filed in December by Marlowe and Manzo against Simmons is still pending, as previously discussed.

The couple is seeking more than $25,000 in damages for assault, battery and infliction of emotional distress.

The lawsuit was filed as a verified complaint, meaning Marlowe and Manzo signed it under penalty of perjury.

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