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| Prosecutor(s): | Anthony Church |
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CONVICTED: Was justice served?
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Case #12132 Rating: 1.0 out of 5
Pit bull neglect - 12 seized from rapper DMX
Cave Creek, AZ (US)Incident Date: Friday, Aug 24, 2007
County: Maricopa
Charges: Misdemeanor
Disposition: Convicted
Case Images: 4 files available
Defendant/Suspect: Earl Simmons
Case Updates: 14 update(s) available
Sheriff's deputies raided the home of rapper DMX on Friday, seizing several pit bulls and finding the remains of three other dogs but making no arrests.
The Maricopa County Sheriff's Office received a tip more than a week ago about dogs being kept in inhumane conditions at the Phoenix-area home, said Sheriff Joe Arpaio.
Detectives visited the home and then called one of the rapper's lawyers and told him that the conditions for the animals at the property needed to be improved or deputies would take action, Arpaio said. The dogs were not being fed or given water.
Authorities returned to the home Friday.
The 36-year-old musician and actor, whose real name is Earl Simmons, was not at home during the raid.
Simmons' lawyer, Murray Richman, said Simmons hasn't been in Arizona for at least two months and was "extremely disturbed" to hear the animals weren't being cared for properly.
"We had a caretaker that wasn't taking care, that's what happened," Richman said. "He loves dogs _ he loves these animals. Those dogs are practically his family."
Richman said he hadn't been notified of problems at the property until he learned of the raid Friday. Sheriff's officials said they had contacted another lawyer who works for DMX.
Arpaio said the deputies who served a search warrant at the home Friday seized 12 pit bulls tied up on the property and took them to an old jail that has been converted into an animal shelter.
Deputies found the buried dogs when they dug up the back yard. One had apparently been burned and the cause of death on the others was unknown because the bodies were decomposing.
Deputies also found a variety of firearms, Arpaio said. Authorities sought additional warrants so they could check the guns to determine if they were legal.
DMX's albums include "It's Dark and Hell Is Hot" and "Flesh of My Flesh, Blood of My Blood" and "Year of the Dog ... Again."
Case UpdatesEarl Simmons, the rapper who performs as DMX, will remain in jail for violating probation.
Simmons, 39, admitted to a single violation of probation for failing a drug test last June. Maricopa County Superior Court Commissioner Christine Mulleneaux could have sent Simmons to prison. Instead, she reinstated his probation Tuesday over the objections of the prosecutor, and ordered him to spend six months in jail and undergo mental health evaluation.
Mulleaneaux said Simmons could possibly be released from jail sooner than six months if he is accepted into a drug rehabilitation program.
Simmons already has been accepted by the Pasadena Recovery Center, but whether he can attend depends on whether the state of California allows him to serve out his probation there. Simmons must stay on intensive probation - which is almost like house arrest - until December.
The Pasadena Recovery Center is the setting for the reality TV show "Celebrity Rehab," but show staffer Will Smith, who also works at the center, said that Simmons would not be part of the show.
"He's looking at nine months to a year of treatment," Smith said. He said it would be in a lockdown facility.
Simmons' defense attorney, Glenn Allen, told the court that Simmons was "desperately trying to get hold of his demons" and beat his drug addiction problems.
Mulleneaux told Simmons that she believed he was sincere, but that he needed treatment, and she asked that he submit to mental health evaluation to look for underlying mental health problems that might drive him to self-medicate.
Simmons, who lived in Cave Creek, first came on the radar of Maricopa County law enforcement in April 2007, when he gave a false name and Social Security number at the Mayo Clinic Hospital in Phoenix, and then the following August, when sheriff's deputies raided his home and found 12 malnourished dogs, three dead dogs, drugs and weapons.
He pleaded guilty to cruelty to animals, theft and two drug counts. He was later convicted of attempted aggravated assault for throwing a food tray at a corrections officer while in jail.
He has been incarcerated since his arrest March 9 on the probation violation. | Source: AZcentral.com - Mar 16, 2010
Update posted on Mar 19, 2010 - 3:01PM |
Rapper DMX is behind bars again.
DMX, whose legal name is Earl Simmons and who lives in Cave Creek, was arrested Tuesday on suspicion of five counts of probation violations by the adult probation office and is being held in the Maricopa County Fourth Avenue Jail, the Maricopa County Sheriff’s Office announced.
The MCSO wasn’t immediately specific about the probation violations Simmons is accused of committing, but he has had numerous run-ins with the law throughout the Valley involving animal abuse and excessive speeding, according to past reports.
In January 2009, A Maricopa County Superior Court judge sentenced Simmons, 39, to three months in jail for theft, drug possession and animal cruelty charges and was ordered to complete an animal offender treatment program.
Simmons was arrested in May 2008 at his Cave Creek home on suspicion of seven counts of animal cruelty and four counts of drug possession.
The arrest came eight months after a raid on his property where Maricopa County sheriff’s deputies found 12 malnourished pit bulls and the remains of three dogs.
Authorities also discovered numerous weapons and drugs. | Source: East ValleyTribune - Mar 9, 2010
Update posted on Mar 19, 2010 - 12:25PM |
The rapper DMX was sentenced on Friday to 90 days in jail and at least 18 months of supervised probation after his conviction on charges of theft, drug possession and animal cruelty, The Associated Press reported.
Commissioner Phemonia Miller of the Superior Court of Arizona, Maricopa County, also put DMX, whose real name is Earl Simmons, on supervised probation for at least 18 months.
On Dec. 30, Mr. Simmons, 38, pleaded guilty to felony counts of theft, possession or use of marijuana, and possession or use of narcotic drugs, and to a misdemeanor count of animal cruelty. He has been in custody in the Maricopa County Jail in Phoenix since Dec. 9.
The time served will not count toward the 90 days, Ms. Miller said on Friday. The animal cruelty and drug charges resulted from a raid of Mr. Simmons's home in August 2007 that was carried out as part of an investigation of a report of animal abuse. A dozen malnourished pit bulls, three dead dogs, guns and drugs were discovered in the raid. | Source: The New York Times - Feb 1, 2009
Update posted on Feb 1, 2009 - 7:28PM |
DMX has reached a plea deal on multiple drug possession, theft and animal cruelty charges.
The rapper (real name: Earl Simmons) pleaded guilty Tuesday to one misdemeanor count of animal cruelty, one felony count of theft, and one count each of felony possession of marijuana and a narcotic drug.
DMX, who appeared in handcuffs and wearing a black-and-white striped prison uniform, is expected to receive a minimum 90-day jail sentence as well as probation under terms of a plea agreement, according to the Maricopa County Attorney's Office. He will remain in the county jail until his sentencing and won't be given credit for time served.
A Maricopa County Superior Court commissioner has set a sentencing hearing for Jan. 30.
Additional charges will be dismissed then.
As part of the plea agreement, DMX cannot possess firearms or own any animals, and must attend an animal-offender treatment program. If he violates probation, he could be sentenced to more than 10 years in prison.
A call to his public defender was not returned.
The 38-year-old rapper has been arrested several times in Arizona in the past year and missed several court dates.
The animal-cruelty and dangerous-drugs charges stem from an August 2007 raid Maricopa County sheriff's deputies conducted at DMX's home in the Phoenix suburb of Cave Creek. Investigating a report of animal abuse, authorities found three dead dogs, guns, ammunition and drug paraphernalia.
Authorities alleged that DMX gave a false name and Social Security number when being treated at a Scottsdale hospital in April. He was indicted on felony charges of theft and taking someone's identity.
In May, sheriff's deputies and a SWAT team went to his home again to serve arrest and search warrants on the earlier drug and animal cruelty charges. DMX briefly barricaded himself in his bedroom before surrendering. Deputies said they found marijuana in his house. | Source: Mercury News - Dec 30, 2008
Update posted on Jan 3, 2009 - 8:55PM |
A Maricopa County Superior Court judge on Friday issued a bench warrant for a nationally known hip-hop musician who failed for the second time to show up for a court hearing.
Earl Simmons, who performs under the name DMX, faces theft, identity theft, drug and animal-abuse charges stemming from three cases.
After he failed to appear at pretrial conferences Friday morning, Judge Michael Kemp issued a bench warrant for his arrest and raised his bond to $120,000. Simmons' attorney could not be reached for comment.
Simmons, 37, was arrested in Miami in August after not reporting to another court hearing. He was extradited to Maricopa County in September and was released on Sept. 13 on a $25,000 bond, according to the Maricopa County Sheriff's Office.
The seven animal-abuse charges stem from May and August searches of his north Phoenix home near Cave Creek, where investigators found 17 malnourished and three dead dogs. They also reported discovering drugs; Simmons faces nine drug and drug-paraphernalia charges.
In July, he was charged with theft of services and taking the identity of another after authorities say he gave someone else's name to avoid paying a medical bill at the Mayo Clinic in Scottsdale.
He has pleaded not guilty to all charges. | Source: Arizona Republic - Dec 7, 2008
Update posted on Dec 7, 2008 - 8:57PM |
Rapper DMX has been arrested at a store in Miami after failing to appear in a court in Phoenix, Arizona, to face drug charges. A judge issued a warrant for the arrest of the rapper, real name Earl Simmons, on Tuesday after he failed to show at Maricopa County Superior Court.
He faces charges of possessing marijuana and drug paraphernalia.
Mr Simmons's lawyer claims the rapper had checked into a Miami hospital on the day he was due to appear in court.
Lawyer Charles Kozelka said his client had planned to enter a rehabilitation facility.
Animal cruelty
Mr Simmons was taken into custody outside a Wal-Mart store in north Miami Beach.
Simmons faces a number of other cases in Arizona including counts of animal cruelty and identity theft.
He had been due in court earlier this week to face the charges which relate to a May raid on his home in Cave Creek, Arizona, and subsequent arrest.
He was arrested on suspicion of drug possession and animal cruelty when 12 dogs - allegedly neglected - were found at his home.
Authorities allege that dog carcasses were also found there.
Police also seized illegal drugs and several weapons.
Chart topper
Three weeks ago, Simmons pleaded not guilty in court to two theft charges, including one of attempting to steal the identity of somebody else.
He is accused of giving his name as Troy Jones to avoid paying for treatment at the Mayo Clinic in Arizona.
At the start of July, he was detained after failing to appear in court and for driving without a licence.
In 2006, he served more than two months in Rikers Island prison in New York after he identified himself as a federal agent and drove his car into a gate at John F Kennedy airport.
The rapper has sold more than 20 million albums, with his first five topping the US chart in their opening week of release. | Source: BBC New - Aug 15, 2008
Update posted on Aug 15, 2008 - 10:11AM |
Rapper DMX was reportedly arrested buying drugs from an undercover cop in Miami on Friday. The 37-year-old, whose real name is Earl Simmons, was arrested during a narcotics sting operation, according to a police report obtained by the Miami Herald.
According to reports, X approached the officer and asked for ''30 powder and 15 weed.'' The rapper paid the cop $30 for cocaine and $15 for marijuana before being arrested and taken to Miami-Dade County jail.
Simmons was arrested last week Monday in Miami when he was pulled over and charged with driving without a valid driver's license. The troubled rap star is also awaiting trial for 11 counts of animal cruelty and drug charges in Arizona. | Source: BoomBox.Com
Update posted on Jun 30, 2008 - 5:59PM |
Maricopa County Sheriff's deputies arrested rapper DMX at his Cave Creek home early Friday morning on suspicion of misdemeanor animal cruelty and felony drug possession.
The arrests stem from a raid deputies made on the rapper's home in August which led to the seizure of 12 dogs and the discovery of three more dogs buried in the back yard.
Sheriff Joe Arpaio said it took months for labs to conduct tests on the animals to confirm they weren't being properly cared for.
Lawyers for DMX, whose real name is Earl Simmons, claimed the rapper was not at home at the time and wasn't aware of the dogs' condition.
"It was a tough case," Arpaio said. "We were not in a rush, we put a lot of time on it but you don't rush into an investigation."
Deputies also seized five pitbull puppies at the home Friday morning.
Arpaio said there was no evidence that the malnourished dogs were used in fights.
Deputies also seized cocaine and marijuana at the house, in the 2700 block of East Carlisle Road, Arpaio said.
It's the second arrest this week for DMX, who was booked on Tuesday on speeding allegations. | Source: The Arizona Republic - May 9, 2008
Update posted on May 9, 2008 - 4:37PM |
Several of the 12 undernourished pit bulls found in August at the Cave Creek home of the rapper DMX suffered from valley fever, and three buried in the backyard may have died from the heat after air conditioning in the house broke down.
Those new details emerged from a Maricopa County Sheriff's Office reports released Friday in the animal-cruelty case that emerged in the summer.
Two months after a tipster reported seeing emaciated dogs and dry water bowls, there have been no arrests.
"We are still interviewing possible witnesses," said Sheriff Joe Arpaio.
He also said his ballistics experts are checking guns found in the rapper's home to determine whether he could legally own them.
In addition to a "usable amount of marijuana," deputies also found a small amount of cocaine in his home, along with a still unidentified "chunky white substance," which is not a drug.
Meanwhile, necropsies performed Aug. 18 by a Georgia veterinarian on the three dogs could not determine their cause of death because their bodies were severely decomposed, according to reports.
But Dr. Melinda Merck's necropsies showed possible signs of bruising on the left side and shoulder of a 60-pound pit bull.
She also plans to use other evidence to determine when they died.
Two burned dogs, a 20-pound puppyand a 40-pound female, were found together wrapped in a beige bed sheet inside a plastic bag.
Brad Blackwell, who had been hired to care for the pit bulls, told deputies the buried dogs were likely in the house in cages and died after the air conditioning broke down.
Another veterinarian also told deputies several dogs had valley fever, an infectious lung disease that also affects humans.
Deputies said Blackwell told them Aug. 22 that he warned DMX, whose real name is Earl Simmons, he could feed and water the dogs for "just a couple of days," because he was going on vacation.
But Simmons' New York lawyer, Murray Richman, said in August that Blackwell was being paid to care for the dogs, and had not left town. | Source: The Arizona Republic - Oct 6, 2007
Update posted on Oct 7, 2007 - 12:08AM |
Authorities investigating animal cruelty allegations on rapper DMX's Arizona property have issued their gruesome findings.
The investigation stems from an Aug. 24 raid of DMX's Phoenix home, where police were probing reports of animal neglect. Police seized 12 live pit bulls, numerous weapons and about a quarter-ounce of marijuana.
Now forensic reports from a veterinarian examiner from the Maricopa County Sheriff's Office states that the condition of animal remains found on the property were "significantly decomposed, the head and rear quarters and legs had a white trash bag around them; the body was wrapped in a dirt-stained beige fitted sheet and inside a clear plastic bag; all placed inside a white body bag." The forensic report also stated that "severe decomposition prevented further examination." There was determinable evidence of injury to just one set of remains.
A detective's summary of the cruelty allegations lists seven different visits to DMX's home, from August 3-22, with several attempts made by the County Sheriff to resolve the issue of alleged neglect of dogs at the residence. The detective actually gave the dogs water. Finally, after no improvement of conditions, a raid took place August 24, seizing 12 pit bulls.
No charges have been filed against the 36-year-old rapper. The matter is still under investigation. | Source: TMZ - Oct 6, 2007
Update posted on Oct 7, 2007 - 12:10AM |
Two dogs found buried at a home belonging to DMX had serious wounds, said authorities investigating animal neglect allegations.
One of the dogs had serious bite wounds and another had trauma to its abdomen, but exact causes of death were not determined, Maricopa County Sheriff Joe Arpaio said Saturday. A third dog carcass had been burned so badly an exam was inconclusive.
The remains were dug up on Aug. 24, when sheriff's investigators probing allegations of animal neglect raided the rapper's home in north Phoenix.
Authorities also seized 12 live pit bulls, numerous weapons, and about a quarter-ounce of marijuana in a bedroom, Arpaio said. The sheriff initially said a half-pound of suspected narcotics was found, but tests showed the substance was not illegal drugs.
No charges had been filed against the rapper or anyone else, but Arpaio said that may change.
"Someone's going to have to pay for this," the sheriff said. "We have 12 dogs who were abused and three dogs buried in the yard - someone's going to have to pay."
A lawyer for the 36-year-old rapper, whose real name is Earl Simmons, has said DMX was not at the home during the raid, hadn't been there for months and was paying caretakers and veterinarians to care for his animals.
Murray Richman on Saturday questioned how the sheriff could connect his client to any alleged animal abuse.
"How do you attribute activities to a person who has not been there, when they have knowledge that other persons have been," Richman said. "Is it because of the celebrity nature?" | Source: Yahoo News - Sept 24, 2007
Update posted on Sep 24, 2007 - 2:51PM |
Maricopa County Sheriff Joe Arpaio said Wednesday that he is sending the carcasses of three dogs found buried at the Cave Creek-area home of rapper DMX to a forensics scientist in Atlanta to discover their cause of death.
"That could be important evidence in our case," he said.
The dead dogs, including one that was burned, were discovered Aug. 24 with 12 undernourished pit bulls at DMX's home, police say, along with:
� Cars with license plates that can't be traced to the vehicles they were on.
� Semi-automatic and automatic weapons.
� Drug paraphernalia and a "usable amount" of marijuana.
� A mysterious but legal chunky white substance.
The results of the necropsies will be used as evidence for possible charges of animal cruelty, Arpaio said.
But who is responsible for failing to feed and water dogs is still unclear: Is it DMX, whose real name is Earl Simmons, or the caretaker, who was identified Wednesday as Brad Blackwell, or someone else?
"That is one of the angles we are looking into," Arpaio said.
Deputies said Blackwell told them Aug. 22 that he warned Simmons he could feed and water the dogs for "just a couple of days," and that he was going on vacation Aug. 23, according to a sheriff's search warrant.
"Blackwell was getting paid and had taken care of the dogs for at least two months," Murray Richman, Simmons' New York attorney, said Wednesday.
Richman said Blackwell was in town Aug. 24, and "called me about the raid."
Richman argued that Blackwell, who could not be reached for comment, should have continued feeding and watering the animals.
"Still," Richman said, "Mr. Simmons gets the blame."
Meanwhile, Arpaio is awaiting findings from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives about the guns seized at Simmons' home.
The sheriff said he also asked a lab to tell him the nature of the "chunky white substance" found in the rapper's bedroom.
Richman refused to say where his client is. If an arrest warrant were issued, however, his client would cooperate with authorities, the attorney said.
The rapper has had trouble with the law before. In 1999, he pleaded guilty to animal neglect after 13 pit bulls were found in his Teaneck, N.J., home.
Richman said the attention focused on his client is a spinoff of federal dog-fighting charges in July against NFL star quarterback Michael Vick, who has pleaded guilty for his participation in the federally banned blood sport.
Arpaio could not say whether Simmons' animals were used in dog fighting. But he said some of the seized dogs, now in an air-conditioned jail cell, appeared to be bruised.
"Maybe they were fighting over food," Arpaio said.
Deputies went to the rapper's home Aug. 7 after receiving an animal-cruelty complaint from an anonymous tipster who also suggested dogs were buried on the property.
Investigators found eight dogs outside and four inside in small airline carriers. Some dogs were "underweight" and at least was one described as "emaciated."
Three days later, the dogs still had no food or water, leading investigators to request search warrants.
Arpaio said the dogs would remain in the jail cells as long as they are needed "because they are evidence." | Source: AZ Central - Aug 30, 2007
Update posted on Aug 30, 2007 - 3:16PM |
A local news station has learned the investigation into high-profile rapper DMX involves much more than animal cruelty.
The search warrant from the Friday raid on his Cave Creek home reveals that aside from a dozen malnourished dogs, detectives also found cars with untraceable license plates, rattlesnakes in the rapper's kitchen and blood all over one room.
Detectives also pulled out dozens of high-powered rifles and handguns.
According to the warrant, Earl Simmons (DMX's real name) is not supposed to possess any weapons.
"We have to determine whether it was illegal for him to be in possession of weapons because of the possibility of his background," said Maricopa County Sheriff Joe Arpaio.
As of now, the rapper has not been charged with anything.
Investigators are working to figure out if he actually owns the items seized from his north Valley home. | Source: ABC 15 - Aug 28, 2007
Update posted on Aug 29, 2007 - 12:58AM |
Deputies searching the home of rapper DMX during an investigation into claims of animal cruelty found about a half-pound of suspected illegal narcotics, the Maricopa County sheriff said.
No charges have been filed or arrests made. Sheriff Joe Arpaio said the investigation into alleged animal cruelty was ongoing, and the suspected drugs were being tested to confirm their content. | Source: Dallas News - August 26, 2007
Update posted on Aug 26, 2007 - 11:15AM |
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