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.
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.