District attorney, sheriff call arrest of Motley Crue's Sixx a mistake

Criminal charges have been dropped against Motley Crue bass player Nikki Sixx and two of three stage crew members involved in a confrontation with police after a Mandalay Bay concert.

A carefully worded news release signed by District Attorney Stewart Bell and Sheriff Jerry Keller admitted that arresting officers erred by misinterpreting Sixx's reminders of violence during a 1997 concert as an attempt to urge new violence.

The statements, Bell and Keller conceded, were protected free speech despite being "offensive" and do not support criminal charges.

The decision came after Bell and the rock band's attorney, Michael Amador, went through a videotape of the concert provided by the Mandalay Bay to determine exactly what was said.

That was something the officers at the scene did not have the opportunity to do before deciding to arrest the rock star.

On the tape Sixx urges security guards in expletive-laced language to be lenient in dealing with the young concert-goers.

"You gotta do me a favor and let these (people) have a good time, all right?" Sixx tells the guards.

"A little bit of (vulgar term for breast) and their hands in the air ain't gonna hurt anybody," Sixx states to the guards before getting to the issue that resulted in his arrest.

He then says, "But if you don't want to listen to me, I think you remember the time the kids turned the cop cars upside down. We can make that happen, right? So why don't we all have a little bit of fun here."

Those words, Bell concluded, did not constitute a legally required "call to action" to justify the misdemeanor charges.

The news release states that despite the ultimate decision to dismiss charges, "the actions of the Las Vegas Metropolitan Police Department were based on perceived threats to public safety, given the totality of the environment, and the decision to arrest is not faulted."

Amador emphasized Sixx's words did not provoke any violent outbursts. The most physical reaction, he said, was that people stomped their feet on the floor "which is done at any UNLV basketball game."

Sixx wasn't arrested until after the concert.

Although the criminal charges were dropped, Sixx's court days in Nevada may not be over because he could still file a civil lawsuit.

Amador said the arrest cost Sixx a contract with a video game company and he had to pay legal costs to fight the criminal charges.

"Those are actionable, but that decision is for Sixx, his management and his California attorneys," the veteran Las Vegas lawyer said. "I don't sue cops. I get cases dismissed."

Amador said there is a chance, because of the quick decision to drop charges, that Sixx can regain the video game contract.

Misdemeanor charges also have been dropped against two of the band's crew members -- Christopher Reynolds and Geoff Perren -- who verbally interfered in the arrest.

But the criminal case is proceeding against a third crew member, John Gabrielli, who was charged with a gross misdemeanor count of battery on a police officer for allegedly shoving a Metro officer.

Amador said "negotiations are pending" to resolve that case, which is scheduled for Friday in Justice of the Peace Deborah Lippis' courtroom.

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