Gene Simmons 1, Litigants 0

Gene Simmons has one less lawsuit to worry about – for now. Prosecutors won’t press charges against the KISS bassist for an alleged attack a couple claims took place in December at a Los Angeles outdoor mall.

Nathan Marlowe and his wife Cynthia Manzo claim the 60-year-old musician threatened the couple after they started filming him at The Grove mall, according to a police report and restraining order application.

Marlow said that after asking Simmons about his view on monogamy, the rocker told him to leave and then choked the couple and took their video camera.

Simmons said Marlowe was out of line for shoving the camera in his face. The bassist added that he feared for his family’s safety.

The Los Angeles district attorney’s office says there isn’t enough evidence to prosecute Simmons in a decision the bassist’s attorney Barry Mallen calls “completely expected.”

The couple is seeking more than $25,000 in damages in a civil lawsuit that is still pending. Marlowe and Manzo claim the alleged assault and battery caused emotional distress, including damage to their sex life.

Click here for the AP story.