Pubdate: Sat, 31 Jan 2009
Source: Arizona Republic (Phoenix, AZ)
Copyright: 2009 The Arizona Republic
Contact: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html
Website: http://www.azcentral.com/arizonarepublic/
Details: http://www.mapinc.org/media/24
Author: Michael Kiefer
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

RAPPER DMX HEADED TO JAIL

Guilty Pleas To Animal-Cruelty, Theft, Drug Charges Also Bring
Probation Term

Earl Simmons, the rapper known as DMX, was sentenced Friday to 18
months supervised probation and 90 days in jail.

Simmons pleaded guilty in late December to cruelty to animals, theft
and two drug counts. The charges were related to three separate cases,
including an August raid on his Cave Creek home, when sheriff's
deputies found 12 malnourished dogs, three buried dead dogs, drugs and
a cache of weapons, and an April incident in which he gave a false
name and Social Security number when being treated at the Mayo Clinic
Hospital in Phoenix.

Simmons, 38, entered Maricopa County Superior Court on Friday morning,
wearing jail stripes and a smile. Minutes into the appearance, he
suddenly had to sit down and spent the rest of the hearing writhing in
apparent distress. When he got to the podium to speak, he said he
thought he was suffering from gout and had severe pain in his knees
and feet.

Simmons' wife, Tashera, who said she has known Simmons since they were
10 years old, talked about how Simmons was a hero to his four
children. But she also took him to task, saying, "In some crazy way,
he's getting a reality check.

"I saw him gain the world, and in the process lose his soul at the
same time."

Deputy County Attorney Anthony Church claimed that Simmons had 21
prior convictions, including at least seven felony
convictions.

When it was his turn to speak, Simmons said, "I'm willing to pay for
my mistakes."

Maricopa County Superior Court Commissioner Phemonia Miller told him,
"I'm not sentencing DMX today, I'm sentencing Earl Simmons. I don't
know DMX. Mr. Simmons, it's time to do something different. What you
have been doing is not working."

Miller sentenced Simmons to 18 months probation on three of the
counts; those sentences will run concurrently. She did not give
Simmons credit for time he has served in jail. Simmons was arrested
twice for failing to appear in court; the second time, he had to be
extradited from Florida.

Under terms of sentence, Simmons also must pay $3,600 in fines and
$7,500 in restitution to the Mayo Clinic, and do 360 hours of
community service.

Miller will allow Simmons to apply to serve his sentence in Florida,
over the objections of Church.

Among Simmons' other recent legal struggles:

. The rapper was cited in May for driving 114 mph on Loop
101.

. In August, Simmons was sentenced to time served after he pleaded
guilty to attempted marijuana and cocaine possession in a Miami court.
He tried to purchase the drugs from an undercover officer in June.

Republic reporter JJ Hensley contributed to this article.
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