Posted on 01/05/2005 10:11:44 PM PST by My Favorite Headache
Criminal case against Rush guitarist expected to be resolved next month
By JOHN HENDERSON, jfhenderson@naplesnews.com January 6, 2005
Alex Zivojinovich aka Alex Lifeson
Justin Zivojinovich
A criminal case involving the lead guitarist for the rock group Rush is expected to be resolved next month.
It has been more than a year since Alex Zivojinovich, known on stage as Alex Lifeson, was arrested for scuffling with Collier County sheriff's deputies at the Ritz-Carlton, Naples at a New Year's Eve bash ringing in 2004.
He is facing two third-degree felony charges that could carry five-year prison sentences.
Lawyers for both sides will update the judge on the status of the case at a hearing March 9.
The hearing, called a sounding, was postponed from Wednesday after a judge granted a motion supported by the prosecution and Zivojinovich's defense attorney, Jerry Berry of Naples. The motion stated that the state plans to begin a first-degree murder trial on or about Jan. 17, and is anticipating that the trial will not be completed by Jan. 24, the date Zivojinovich's case was scheduled to go to trial.
Also, Berry has to handle a DUI manslaughter case this month. Because both sides were so tied up with those cases, the judge decided to give them another month before resolving the case involving the internationally known rock star, who is a seasonal resident of Naples.
A sounding hearing on March 9 also was granted for Justin Zivojinovich, Alex's son, who is facing a third-degree felony. At these sounding hearings, a judge can set a trial date, continue the case, or accept a plea bargain.
Berry and prosecutor Rich Montecalvo had no comment when asked whether Alex Zivojinovich has been offered a plea bargain.
Berry said most depositions are completed, with only a few loose ends to be tied up. "It's fair to say there is a good chance the case will be resolved in March," Berry said.
Alex Zivojinovich is one of the founding members of Rush, a Canadian-based band that has won international acclaim with hits such as "Tom Sawyer." Under terms of his bond, Alex Zivojinovich has been allowed to travel freely out of the area. While depositions were being taken from witnesses last summer, Zivojinovich played a 30th anniversary tour with Rush, with numerous stops in the United States and abroad.
According to arrest reports, the incident in Naples began when Justin Zivojinovich got onto the stage of the posh hotel where the house band was performing.
Arrest reports and witness statements give this account:
Justin Zivojinovich became "verbally abusive" after he was asked to leave the stage.
Alex Zivojinovich intervened as deputies were escorting his son off the property, and tried to push his son in an opposite direction.
The situation escalated from there.
As a deputy was using a stun gun to subdue Justin Zivojinovich, who, deputies alleged, had become unruly, Alex Zivojinovich charged up a hotel stairwell to go to the aid of his son. A deputy acknowledged that at this point he punched Alex Zivojinovich in the face to prevent him from assaulting the other officer.
Alex Zivojinovich is accused of pushing a female deputy down the stairwell onto a concrete floor, causing her head injuries that required medical treatment. Alex Zivojinovich is also accused of spitting his blood on a deputy.
Justin's wife, Michelle, was charged with resisting arrest without violence, a misdemeanor. A trial date in her case has been scheduled for Jan. 18.
Ping.
I like Rush, and admire this guitarist..but if his son acted like a rock-star son's jerk, and it escalated from there..then he should be held accountable to whatever the law dishes out.
There is so much to this story...this article barely scratches the surface.
I'm guessing alcohol played a factor.
Slightly...lol. I notice how the media now doesn't even bother to explain how they tazered Lifeson 4 times in his shoulders and back and kicked him down to the ground.A guy with a broken nose from a punch to the face from a cop whose mouth is filling with blood etc..and then tazered 4 times...class acts.
Rock and Roll PING! email Weegee to get on/off this list (or grab it yourself to PING the rest)
Belated system crash PING
good article... bttt!
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