Los Lonely Boys' Bassist Out On Bail

The arrest of the bassist for Los Lonely Boys on allegations he assaulted his fiancee was all a misunderstanding, the band's publicist said Sunday.

Police arrested Joey "JoJo" Sacarais Garza, 26, at an Austin hotel Saturday on charges of assault causing bodily injury and possession of less than 2 ounces of marijuana, authorities said. Garza was released on bond from Travis County Jail hours later.

"This is simply a misunderstanding. We were being too loud," Carina Lyn, Garza's fiancee, said through the publicist. "We apologize to the hotel guests. JoJo and I are very much in love and we are planning to be married."

Garza, Lyn and Garza's sibling-bandmates were celebrating last week's release of the band's new album, "Sacred," when another hotel guest reported a disturbance, publicist Diana Baron said in a statement.

Police arrived to find a woman who had been assaulted and marijuana, Austin police spokeswoman Laura Albrecht said. Garza was taken into custody.

Baron said that two court employees examined Lyn for injuries and found "nothing whatsoever." The magistrating judge determined that there was no need for a protective order and ordered Garza to be immediately released on personal bond.

"The Austin Police Department's policy of erring on the side [of] caution — of arresting someone when responding to this type of call — while prudent in many situations, was completely unnecessary in this case," said Garza's attorney, Charlie Roadman.

Baron told TheShowbuzz.com that she had no further information on the marijuana charge.

Austin police spokeswoman Ruth Bullock said investigators will give a report to the Travis County District Attorney's Office, which will decide whether to press formal charges. In cases of family violence, alleged victims cannot drop charges, she said.

She disputed the band's account of the incident.

"We can only arrest if visible injury or complaint of pain is there, so undoubtedly the officers saw that," she said.

The Tex-Mex flavored rock 'n' roll group hit the national spotlight in 2004 with its Grammy award-nominated debut album "Los Lonely Boys." In 2005, they won a Grammy for best pop performance by a duo or group with vocals for the album's hit single "Heaven."

Their sophomore album "Sacred," released last week, includes the lead single "Diamonds."