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DMX Further Puts Off Jailtime                                    

                                         02.17.01  

If DMX follows through on what his publicist calls a desire to "set the proper example," the rapper will be behind bars on Wednesday instead of partying up at the Grammys.

One week after a warrant was issued for his arrest, DMX has yet to turn himself in to Cheektowaga, New York, officials to begin serving a 15-day sentence he received almost a year ago for driving without a license. Mike Mahoney, DMX's lawyer, said last Friday his client was in Los Angeles shooting promotions for his upcoming movie, "Exit Wounds," but planned to begin the sentence by this Friday (February 16), when his contractual obligations were over.

But when Friday rolled around, DMX still had not surrendered to do his time at Erie County Correctional Facility in Alden, New York. Instead, his publicist, Angelo Ellerbee, issued a statement saying the rapper (born Earl Simmons) again is postponing the start of his sentence.

He'll surrender to the Eric County Correctional Facility in Alden, New York, early next week, before the Grammys, Ellerbee said in the statement.

"This is the first year he is nominated in two categories but ... he understands he's a person that is admired by millions and he wants to set the proper example," Ellerbee said.

Mahoney would not confirm that DMX wouldn't be attending the Los Angeles ceremony, where he is competing for Best Hip-Hop Album for 2000's ... And Then There Was X, and Best Rap Solo Performance for "Party Up."

DMX was first arrested March 3 on the Kensington Expressway for traffic violations, driving with a suspended permit and possessing marijuana. He later pleaded guilty to a reduced charge of driving without a license and was ordered the maximum 15-day jail term, though District Attorney Frank Clark said the rapper would only have to serve nine to 10 days if he is well behaved.

Cheektowaga officials are not pursuing the arrest of DMX because they do not have the budget to apprehend people out of state for traffic violations, an Erie County Court Clerk said.

The clerk noted that DMX's failure to turn himself in on time would not affect the length of his jail term. "There's nothing we can do in this case," she said. "He will still only serve two-thirds of his sentence."

This is not the first time DMX has failed to turn himself in for the March 3 incident. He skipped a March 23 court date last year because he was on the Ruff Ryders/Cash Money tour, and a warrant was issued for his arrest. He turned himself in nearly a week later to officials in Cheektowaga, where he avoided more serious charges by pleading guilty to a reduced charge of driving without a license; Cheektowaga Town Justice Ronald E. Kmiotek handed down the 15-day sentence and $400 in fines.

"Exit Wounds," which also stars Steven Seagal, is scheduled to hit theaters on March 16.

—Corey Moss