After being detained by police for questioning, both Charlie and his wife were released. See also this report on Drummerszone.

Now the drummer's attorney, William L. Hotopp, has issued a statement claiming that Charlie Benante was assaulted during an altercation that sent him to the emergency room with a gash at the back of his head that required several staples to close.

According to the statement, Charlie and his six-year old daughter Mia had traveled to Elkart, Indiana to meet Mrs. Benante and her 17-year old son who was participating in a weekend baseball series. Says the attorney:

"At some point, words were exchanged between Mr. Benante, Mrs. Benante and her male companion that led to a scuffle. Mrs. Benante hit Mr. Benante in the face, he pushed her away, and as he turned around to leave with Mia, Mrs. Benante assaulted him from behind, hitting him multiple times on the back of his head with a cell phone. Police were called, and both Mr. Benante and Mrs. Benante were detained for domestic battery in front of a child."

Charlie Benante is understandably distraught by this incident and that his daughter, who he dotes on, witnessed it.

The drummer will appear in Elkhart County court this Friday, August 3.