08/20/2003 at 12:00 AM EDT
Phish bass player Mike Gordon has been charged with endangering the welfare of a minor and trespassing after he was discovered with a 9-year-old girl following a concert by The Dead, authorities in New York tell the Associated Press.
Gordon, 38, was arrested on Aug. 11, after the girl's mother became concerned that she could not find the youngster in the backstage area at Jones Beach Theater in Long Island, New York State Park Police Maj. Richard O'Donnell said in a statement.
Gordon -- whose jam band was not performing at the concert -- was subsequently found with the girl in a boathouse backstage, police said. Reuters said that the enclosed area was for the use by state employees only.
A police report obtained by local station WNBC-TV stated, "The defendant stated he wanted to take 'art photos' of the victim."
Marcia Horowitz, a spokeswoman for Phish, issued what she called a joint statement from the musician and the girl's family. The statement termed the incident "an unfortunate misunderstanding," and went on to say, "we look forward to putting this matter behind us."
Gordon, a resident of New York City, was issued a desk appearance ticket that requires him to report on Sept. 29 to First District Court in Hempstead, on Long Island.
A Nassau County District Attorney's Office spokesman said he had no further information about the case.
"As we get the information, we will evaluate this case as we do every case," said spokesman Rick Hinshaw.
Phish recently wrapped its summer tour with It, a weekend-long concert in Maine. The group's fall touring plans have not yet been announced
Gordon, a founding member of the band, is to release his solo debut, "Inside In," next week. The album is a complement to his 2000 movie "Outside Out," which he starred in and also directed.