DMX given eXtra jail time
2005-11-20 16:00
New York - Rapper DMX was slapped with an extra 10 days behind bars by a New York judge who said he hadn't shown respect for the court.
DMX, whose real name is Earl Simmons, apologised profusely to criminal court judge Dorothy Chin-Brandt before she handed down her sentence.
On Thursday, when Simmons appeared almost three hours late for sentencing, she had issued a bench warrant for his arrest and threatened to impose a one-year jail term.
Once Chin-Brandt imposed the new sentence Friday - a total of 70 days in jail - Simmons, who arrived in court with his hands cuffed behind his back after spending the night in jail, was immediately taken to prison.
With good behavior, the jail term could be reduced to 46 days, leaving the 34-year-old behind bars for the Christmas holidays.
Prosecutor Gerard Brave argued in favor of additional jail time for Simmons, saying the rap star "continues to show disregard for the court".
"He continues to put his own interests and his career ahead of the court."
Simmons told the judge that he was late on Thursday because of to an asthma attack, and produced a doctor's note verifying his illness. He made an appeal for the original lesser sentence.
"I'm still a person with kids at home and a wife," he said. "...I am sorry. I was sick. I apologise."
"I'm not happy with the 10 days, but it's better than a year," said Simmons's attorney, Murray Richman.
Simmons spent the night in jail after showing up late on Thursday, with his stay counting toward his sentence.
The New Yorker had faced a 60-day term and a $1 000 (about R6 700) fine after pleading guilty last month to violating the conditions of his release after a June 2004 incident at Kennedy International Airport in New York.
Simmons, after claiming he was a federal agent, had smashed his vehicle into a parking-lot gate to apparently avoid paying the $9 (about R60) parking charge.
Under his December 2004 conditional release, Simmons was required to stay out of trouble for a year - but he was twice charged for traffic violations, including a 167km/h speeding ticket and an accident with an unmarked police car.
- AP