Berkeley man charged with sexually assaulting 11-year-old girl during metal show at 924 Gilman

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By Yosi Yahoudai
Founder and Managing Partner

BERKELEY — A local resident in his 40s has been accused of groping an 11-year-old “with enough force to leave visible bruising marks” during a concert at one of the East Bay’s most well-known and iconic venues.

Kevin Luzzi, 41, has been charged with two counts of committing a lewd act upon a child and one count of assault, all stemming from a concert last month at 924 Gilman in Berkeley. Luzzi pleaded not guilty and is out of custody on $100,000 bail, but has been ordered by a judge to stay away from the venue, court records show.

Luzzi was identified by two witnesses and “tentatively identified” by the victim, who picked his picture out of of a double-blind photo lineup, according to Berkeley police. Authorities allege that Luzzi and the girl both attended a metal show on April 5, and that other concertgoers noticed that Luzzi appeared particularly “fixated” on the girl throughout the night.

At some point, Luzzi allegedly started a mosh pit, which caused the girl to be separated from her friends, police say. Then he allegedly walked up, and grabbed the girl.

“After the assault the suspect looked at the victim and smiled before walking away,” a Berkeley police investigator wrote in court filings. “Luzzi groped the victim with enough force to leave visible bruising marks in the shape of a thumb and fingertips on the victim’s sternum and left breast.”

In addition to the witness statements, police say they acquired video surveillance footage showing Luzzi “fleeing” to his vehicle after the sexual assault.

924 Gilman, an all-ages venue, is widely known around the East Bay for being instrumental in the rise of local punk and independent music, particularly in the 1980s and 90s.

Luzzi’s attorney declined to comment, as the case is still in its early stages.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.