By DON HUNTER, Special to the Daily News
January 11, 2004

I am writing this as an agency update on the arrest of Alex, Justin, and Michelle Zivojinovich on New Year's Eve.

The arrest of these individuals gained national publicity because of Alex Zivojinovich's (aka Alex Lifeson) involvement in the music industry. Some of Alex Zivojinovich's "fans" have spoken out on his behalf and in doing so have attacked this agency, the individual deputies, and The Ritz-Carlton, Naples, as well as the community in which we live and serve.

None of the fans appear to have been present as witnesses.

Premature, emotional, conclusive statements by the public, this agency or the media are ill-advised and frequently wrong. This agency is a nationally and state accredited law enforcement agency with proven policy and procedure in place (which is periodically exercised) to review this incident and provide a fair and just outcome. This event will receive the same proper and timely review as all others and is neither our first nor will it be our last, as we review many cases each year. I am personally reviewing reports of the incident, directing investigative follow-up and have conducted an extensive back brief with the active-duty deputies who were on scene.

This incident began as a routine disturbance call from the Ritz-Carlton at 280 Vanderbilt Beach Road. The Sheriff's Office received a call from Ritz-Carlton security staff requesting assistance in the removal of a subject (Justin Zivojinovich) alleged to be causing a disturbance.

Hotel staff asked that deputies remove Justin Zivojinovich from the hotel property due to his refusal to leave voluntarily. Hotel staff issued a trespass warning disallowing Mr. Zivojinovich from re-entering the hotel property. Deputies attempted to remove Mr. Zivojinovich from the premises; however, Mr. Zivojinovich is alleged to have refused deputy direction to leave. Mr. Zivojinovich then allegedly inspired his immediate partygoers to protest his ejection from hotel property and the situation quickly be came confrontational. Many people began to challenge deputies on scene.

During the course of the involuntary removal of Justin Zivojinovich, he actively resisted deputies and they then placed him under arrest.

Justin Zivojinovich's father, Alex, is alleged to have intervened during the physical arrest procedures, battered deputies and ripped one of the deputy's radios from his uniform, thereby disrupting the deputy's ability to communicate with other deputies as well as with the Collier County Sheriff's Office Emergency Communications Center.

Alex Zivojinovich is also alleged by deputies and independent witnesses to have grabbed one deputy by the front of her uniform and to have thrown her down a flight of stairs backwards, seriously injuring her. Alex Zivojinovich was injured when a deputy had to forcefully end Mr. Zivojinovich's continuing aggression towards deputies to prevent injury to deputies on scene. Deputies also reported that Alex Zivojinovich turned around and purposefully spat blood onto a deputy — an additional alleged violation of state law.

A full review of this incident with attendant evidence collection, further witness statements and investigative interviews is under way. The Sheriff's Office will not make further specific comment on this case other than periodic updates of case status.

Don Hunter is the sheriff of Collier County.