RUSH Guitarist May Testify During Trial

Denes Husty III of The News-Press has issued the following report:

The guitarist of the rock band RUSH may testify this week in Naples during the trial of his son, who is charged with fighting with police during a New Year's Eve brawl at the Ritz-Carlton hotel.

The son, Justin Shawn Zivojinovich, 34, of Canada, is charged with resisting arrest with violence in the alleged fracas. The charge carries a maximum five-year prison sentence.

A judge will decide Monday when the trial will start, said his attorney, Michael R.N. McDonnell.

The trial, McDonnell said, should take about three days.

The defense attorney said he may call his client's father, Alex Zivojinovich, 51, as a witness.

The elder Zivojinovich, who goes by the stage name Alex Lifeson, is the guitarist for RUSH.

He was also charged in what police described as a melee that broke out after they tried to get the father, his son and daughter-in-law to leave the Ritz-Carlton because security guards said they were causing a disturbance.

Alex Zivojinovich suffered a bloody nose in the fight and was treated at a local hospital before being booked into the Collier County Jail with his son and daughter-in-law. All were released later on bond.

The guitarist is charged with two counts of battery on police officers. Each count carries a maximum five-year prison sentence.

His trial is scheduled for May 17.

Meanwhile, a judge last week dismissed a misdemeanor resisting arrest without violence charge against Justin Zivojinovich's wife, Michelle Zivojinovich, 31.

County Judge Ramiro Manalich ruled there was insufficient evidence to prosecute her on the charge.

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