DATE: Saturday, November 22, 1997           TAG: 9711220668

SECTION: SPORTS                  PAGE: C3   EDITION: FINAL 

SOURCE: ASSOCIATED PRESS 

DATELINE: YORK, S.C.                        LENGTH:   36 lines

SHINN: NO SEXUAL-MISCONDUCT CHARGES BUT THE WOMAN WILL LIKELY FILE A LAWSUIT AGAINST HORNETS' OWNER, SAYS LAWYER.

Charlotte Hornets owner George Shinn will not face sexual-misconduct charges, though something likely happened between Shinn and a woman at his suburban mansion, prosecutor Tommy Pope said Friday.

The Charlotte, N.C., woman who accused Shinn of luring her to his Tega Cay home just across the state line and forcing her to have oral sex likely will sue the businessman, her lawyer said.

Pope said there was insufficient evidence to prove a crime.

The solicitor said he thought ``something did in fact transpire between Mr. Shinn and this victim at Tega Cay.

However, again I want to emphasize that I do not feel the state would be able to carry the burden of proving this case beyond a reasonable doubt.''

Pope based his decision on a 5-inch-thick case file that detailed the evidence state agents gathered in the investigation that included a search of Shinn's home. Pope, saying a lawsuit was likely, would not release the details.

Shinn's lawyer, Ed Hinson, said the 56-year-old millionaire would not comment, but ``this is obviously good news.''

The woman's lawyer, David Bland, said ``she is devastated'' by Pope's decision. ``She intends to seek justice through the civil courts,'' he said.

Shinn came under investigation Sept. 10 after the 28-year-old woman told police that Shinn kidnapped her and sexually assaulted her there.

Pope said there was no special consideration given Shinn because of his position in the community.

``It's our obligation to make judgment calls on cases like this,'' Pope said. ``The easy way out is to try'' the case. KEYWORDS: LAWSUIT

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