Charges Reduced In Trial Of RUSH Guitarist's Son

John Henderson of the Naples Daily News has issued the following report:

A judge on Wednesday (April 20) reduced the charge that a jury is considering against the son of the guitarist for the rock group RUSH.

Justin Zivojinovich is now charged with a misdemenaor — resisting arrest without violence — instead of a felony.

Retired Senior Circuit Judge Charles T. Carlton's reduced the charge at the conclusion of the prosecution's case and instructed the jury to come back at 1 p.m. to continue with the defense case.

Defense attorney Michael McDonnell had argued Tuesday that deputies illegally charged Justin Zivojinovich on New Year's Eve 2003 with one count of resisting an officer with violence, a third-degree felony punishable by up to five years in prison.

That charge was reduced to a misdemeanor by Carlton, who left the case for the jury to decide, rather than dismissing it. Misdemeanors carry a sentence, upon conviction, of no more than a year in jail.

The defendant is the son of RUSH guitarist Alex Zivojinovich, known professionally as Alex Lifeson.

McDonnell's argument was that when deputies took Justin into custody, at one point stretching his arms behind his back as they escorted him down the hallway of the Ritz-Carlton, Naples, Justin had committed no crime.

McDonnell also said that whatever had happened previously in the ballroom of the hotel wasn't witnessed by deputies, and under case law that had to occur before an arrest.

Justin Zivojinovich was accused of getting onto the house band stage at a New Year's Eve bash and being verbally abusive to Ritz-Carlton security, who called deputies.

Sheriff's deputies were among the witnesses to testify Wednesday morning.


Posted in: News


To comment on a BLABBERMOUTH.NET story or review, you must be logged in to an active personal account on Facebook. Once you're logged in, you will be able to comment. User comments or postings do not reflect the viewpoint of BLABBERMOUTH.NET and BLABBERMOUTH.NET does not endorse, or guarantee the accuracy of, any user comment. To report spam or any abusive, obscene, defamatory, racist, homophobic or threatening comments, or anything that may violate any applicable laws, use the "Report to Facebook" and "Mark as spam" links that appear next to the comments themselves. To do so, click the downward arrow on the top-right corner of the Facebook comment (the arrow is invisible until you roll over it) and select the appropriate action. You can also send an e-mail to blabbermouthinbox(@) with pertinent details. BLABBERMOUTH.NET reserves the right to "hide" comments that may be considered offensive, illegal or inappropriate and to "ban" users that violate the site's Terms Of Service. Hidden comments will still appear to the user and to the user's Facebook friends. If a new comment is published from a "banned" user or contains a blacklisted word, this comment will automatically have limited visibility (the "banned" user's comments will only be visible to the user and the user's Facebook friends).