Affidavit disputes LLB explanation

BLOGGER'S NOTE: LLB = Los Lonely Boys

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By JOE RUIZ
jruiz@sastandardtimes.com or 659-8262

Hotel guests and police officers at a posh Austin hotel reported hearing a woman being physically and verbally assaulted inside Los Lonely Boys bassist Joey ''Jojo'' Garza's room, according to the arrest affidavit released this week.

The Austin police and witness accounts of what led to Garza's arrest are in stark contrast to the band's explanation of the hotel incident.

Garza, 26, was arrested Saturday morning by Austin police on misdemeanor charges of assault causing bodily injury to a family member and possession of less than 2 ounces of marijuana.

Los Lonely Boys rose to national prominence in the music scene when their self-titled debut album sold more than 2 million copies. It contained the hit single ''Heaven,'' which earned the San Angelo-based blues-rock band of three brothers a Grammy in 2005.

The band was in Austin on Saturday to play a sold-out show at Stubb's - capacity 2,100 - that night to promote the brothers' sophomore album, ''Sacred,'' which was released last week.

The assault charge Garza faces - assault with injury/family violence - is a Class A misdemeanor punishable by up to a year in jail and a $4,000 fine. The marijuana charge he faces is a Class B misdemeanor punishable by up to 180 days in jail and a $2,000 fine.

Garza has not spoken publicly about the Omni incident.

On Monday, the band issued a statement saying the arrest was the result of a misunderstanding. Charlie Roadman, Garza's attorney, has said ''arresting someone when responding to this type of call - while prudent in many situations - was completely unnecessary in this case.''

An Austin police spokeswoman, however, has said officers determined through observations that a physical assault had occurred, which led to Garza's arrest.

Laura Albrecht, the police department's public information officer, declined to comment Tuesday on claims made in the band's news release.

That release, issued by D. Baron Media identifies the woman in the incident as Garza's fiancee and by the first name ''Carina.'' The affidavit, though, identifies the woman as ''Frances Lyne.'' The affidavit details what officers said they found when they were called to the Omni Hotel to answer a disturbance call.

Hotel Manager Michelle Smith stated she heard Garza slam a woman against the wall, documents state. She told police she knocked on the door and asked the woman who answered the door whether she was OK. The woman, who was crying, answered that she was all right and closed the door, Smith said in the affidavit.

Guests in an adjoining room also were listed as witnesses in the affidavit. ''You think this is hitting you? I will show you hitting you,'' they said they heard Garza say after hearing sounds of violence, according to the affidavit.

Police indicate in the same affidavit that they heard Garza ''state he was going to take care of Frances because she was the worst mistake he ever made.''

Lyne had scratches and abrasions on her right shoulder and left arm, according to the affidavit, which describes her as ''uncooperative,'' saying she would not let police examine her back or mid-section. The band's news release said she later allowed two court employees to examine her for injuries, but none was found.

A separate affidavit for the arrest on the drug charge states a pipe ''filled with a green, leafy substance'' - identified visually by police as marijuana - was sitting on hotel furniture. On request, Garza then directed police to a nylon bag containing a Mason jar with material also identified as marijuana inside it, documents state.

A phone message left Tuesday for Diana Baron, the band's media relations contact, was not returned.

Garza is scheduled to appear in August in an Austin courtroom to answer both charges.