Rap artist DMX today was ordered to show up at the Town of Cheektowaga Police-Court Building by 9:45 a.m. Thursday to begin his long-delayed jail term in the Erie County Correctional Facility in Alden for drug and traffic charges.
After day-long legal maneuvering Monday -- the day DMX, born Earl Simmons, 30, was initially directed to report for jailing -- the area's top criminal court judge left it up to Cheektowaga Town Justice Ronald E. Kmiotek to determine exactly when DMX should begin the 15-day term he imposed last May.
A spokeswoman for Kmiotek, whose handling of the case was upheld all the way through State Supreme Court, today said the Buffalo attorneys for DMX have been notified of the Thursday surrender time and a notice has gone to the singer's home in White Plains.
Neither of the singer's Buffalo attorneys, Mark J. Mahoney and James P. Harrington, was available to comment, but Erie County District Attorney Frank J. Clark personally confirmed the decision of acting State Supreme Court Justice Joseph P. McCarthy to let Kmiotek set the surrender date.
On Monday, after McCarthy rejected a request from Mahoney and Harrington to personally reconsider his Jan. 25 decision upholding the sentence imposed by the lower court judge, McCarthy remanded the case back to Kmiotek for the ultimate decision on the jail date, court officials said.
On May 3, Simmons pleaded guilty to driving without a license, marijuana possession and two parking tickets stemming from his early-morning arrest last March 29. Kmiotek ordered him immediately jailed to begin a 15-day term.
After several hours behind bars, Simmons was granted a stay of sentence by Erie County Judge Sheila A. DiTullio.
Simmons was arrested three hours after he had headlined a show in Buffalo's HSBC Arena.