When fans become too involved in a band's stage show, it's often a recipe for disaster. Everclear are living proof of that. Nearly two years after an Everclear fan sustained a neck injury when a New England Patriots player used her to cushion his stage dive at a Boston concert, the trio -- plus touring guitarist Brian Lehfeldt -- are trying to mop up after another concert mishap.

As reported earlier, a Class C misdemeanor charge of assault by contact was filed against Everclear frontman Art Alexakis for allegedly pouring water on, and throwing a water bottle at a seventeen-year old female fan during the group's July 31 performance at Music Hall in Austin, Texas. A Class A misdemeanor charge of assault with injury was filed against Lehfeldt for allegedly kicking the same fan. (The name of the girl has not been divulged by police because she is a minor). At press time, neither Alexakis nor Lehfeldt had turned themselves over to Austin authorities.

In a statement issued by the group on Tuesday (Aug. 10), Everclear contend they were provoked during the show by rowdy fans who were throwing objects, including a glass full of liquid, at Alexakis. After leaving the stage prematurely because of the projectile trash, the band returned because "the audience identified [the alleged victim] as the person who had thrown the glass [at Alexakis]," according to the statement. "As the band returned to the stage to resume the performance," says the statement, "security brought the woman in question out of the audience in order to eject her from the premises. As she neared the stage area, she started screaming, cursing and spitting at Art and the band."

The statement refutes claims by the girl that Alexakis assaulted her, saying "a member of the band's touring crew, agitated by this woman's behavior, poured water on her. She grabbed his leg and tried to pull him off stage. He pulled his leg free, pushing her away."

According to the girl's attorney, Glynn Turquand, "Capitol Records' press release defies common sense. Why would a security guard attempting to throw out the victim or alleged perpetrator take her to the stage rather than through the front exit, which is on the opposite end of the hall?" Also, Turquand says, "many witnesses have come forward voluntarily to say that security was holding her hands behind her back when she allegedly grabbed [Lehfeldt's] leg." Turquand currently is preparing a counter-statement in response, he says, "to Capitol Records' erroneous release of August 10."

Austin Police Department spokesman Kevin Buchman says "many witnesses" have come forward that corroborate the girl's account of the incident and that "we're hoping they'll turn themselves in so we can take care of this situation." Buchman also says the police are "trying to locate one of the security guards involved, in hopes of having them shed a little more light on the situation." He says security at the performance was comprised of venue staff and Everclear crew, and it's unknown at this time which security guard, and from under whose employ, may have been involved in the fracas.

As far as a potential civil suit filed against Everclear, Turquand says he "prefers not to comment" on that. Everclear manager Darren Lewis, however, sees one on the horizon. "It's pretty apparent that [Turquand] is looking to make some money and was lobbying the police for a week to file charges," Lewis says. "The police don't seem to be actively pursuing [the matter] because they haven't made any attempt to contact us.

BLAIR R. FISCHER
(August 12, 1999)