According to Radio.com, AS I LAY DYING singer Tim Lambesis is expected to return to court next week to argue that he deserves "custody credit" for the days he was on "house arrest" as he awaited sentencing for hiring a hitman to kill his estranged wife, Meggan.
"There will be a hearing on July 18th to determine if the time Lambesis spent on house arrest will count as credits towards his prison term," prosecutor Claudia Grasso stated in an email.
Lambesis and his attorney are scheduled to appear in San Diego's North County Superior Courthouse at 9:30 a.m. on July 18.
On May 16, Lambesis was given a six-year prison sentence without probation for his role in the murder-for-hire plot.
The 33-year-old musician was arrested in May 2013 after handing the "hitman" — really an undercover police officer — $1,000 in cash, along with his wife's address and gate security codes.
Lambesis spent 24 days in a local jail (and given credit at sentencing for 48) after his initial arrest before he paid $160,000 in fees to the bondsman who posted his $2 million bail. The singer was on house arrest at his parents' home in Del Mar, California, wearing a GPS monitor, from June 2013 until his sentencing in May 2014.
Two weeks before his sentencing, Lambesis gave an interview to a probation officer, who then prepared a report which includes the following quotes from Tim:
"There is not a day that goes by that I don't wish I could undo this….
"An apology to Meggan does not seem like enough to make it up to her. I don't have any animosity towards her and I have deep remorse….
"We had a difficult separation…. I was trying to fight for my kids through the courts but was not seeing any results. I felt helpless and I began to feel desperate….
"I was in a different mindset due to the separation and custody experience and my mind was altered due to the steroid use.
"My steroid use was affecting many decisions in my life.
"I am not a risk to her (Meggan) in the slightest way….
"If you look at the majority of my life, this was out of character for me. I don't have a history of violence. I have never been an angry person. Given the potential of my future, I feel that I can be an asset to others if I am allowed to remain in the community."
Tim's former AS I LAY DYING bandmates Jordan Mancino (drums), Nick Hipa (guitar), Phil Sgrosso (guitar) and Josh Gilbert (bass) of San Diego, California-based metal act AS I LAY DYING have teamed up with vocalist Shane Blay (previously lead guitar/clean vocals in OH, SLEEPER) to create the new band WOVENWAR.
AS I LAY DYING's sixth album, "Awakened", sold around 28,000 copies in the United States in its first week of release to land at position No. 11 on The Billboard 200 chart. Released in September 2012 via Metal Blade Records, the CD was produced by Bill Stevenson and was mixed by Colin Richardson.
AS I LAY DYING frontman Tim Lambesis was given a six-year prison sentence without probation for his role in a murder-for-hire plot. The singer's ex-bandmates Nick Hipa, Phil Sgrosso and Josh Gilbert were present in the San Diego Superior courtroom earlier today (Friday, May 16) when Judge Carlos Armour handed down the sentencing.
The 33-year-old musician, who received 48 days credit for custody already served, pleaded guilty in February to hiring a hit man to kill his estranged wife, Meggan. The singer's attorney offered no stipulated plea deal, which means the judge had the freedom to apply whatever sentence he determines appropriate, with a maximum of 9 years in state prison plus 4 years parole after release.
The judge confirmed at today's sentencing that Meggan and the couple's three adopted children from Ethiopia would receive 10 years' protection.
According to Radio.com, the family of the victim, Meggan, spoke to the court at today's sentencing, as did Meggan herself. Meggan's father, Mike Murphy, who was the first to address he court, claimed that the family still fears Meggan's assassination, stating, "We know that prison is a great alibi for someone who wants to complete the deed." Murphy added, "He was only worried about the money. Tim is only sorry he got caught.
Meggan's mother also spoke at the hearing, calling Lambesis an abusive husband who regarded Meggan as "a mere inconvenience to this narcissistic child." For her part, Meggan — who is now known as Meggan Murphy — told the judge: "My name used to be Meggan Lambesis. Up until two years ago, my life was entirely devoted to that man. She added that Tim had become "dangerous" and that she "felt as fragile as a piece of paper that could float away at any moment." She also explained that the day before Tim's arrest, the musician texted her asking for their three adopted children's social security numbers in a display of "tying up loose ends."
Meggan — who reportedly received an e-mail from her husband several months before she filed for divorce telling her that he no longer loved her or believed in God — even referenced the Arnold Schwarzenegger film "Total Recall", where Arnold's character shoots his wife and says, "Consider that a divorce." She went on to describe how she learned that her husband told her in an e-mail that he wanted a divorce. But it never crossed her mind that he would try to hire a hit man to kill her. "I had no idea who I was living with," she said, according to The San Diego Union-Tribune. She added: "The question of who else Tim talked to or will talk to will forever haunt me," noting that she had seen "horrible comments" online from Lambesis' fans about her and her family. She said because of Lambesis' notoriety, he has followers who would do anything for him. "I am plagued by vulnerability," she said.
When it was Tim's turn to speak, the vocalist openly wept and struggled to get the words out. "I do feel deep remorse," he said. "I want to thank you. For her prayers, which proves you still have the heart that you do." Lambesis also claimed that he wasn't able to verbally apologize to Meggan in the past due to restraining orders.
Meggan filed a civil lawsuit against Tim back in August, seeking over $2 million. She has reportedly asked for $1 million for emotional distress and $25,000 in medical expenses to date. This is in addition to $75,000 she's seeking for future medical expenses and $1 million in punitive damages. The suit is also seeking attorney's fees. That case is still pendin
Radio.com reports that Lambesis' attorney offered no stipulated plea deal, which means the judge has the freedom to apply whatever sentence he determines appropriate, with a maximum of 9 years in state prison plus 4 years parole after release.
In a brand new interview with Under The Gun Review, Zakk Wylde(BLACK LABEL SOCIETY, OZZY OSBOURNE) was asked to weigh in on the recent arrest of AS I LAY DYING frontman Tim Lambesis on suspicion of solicitation to commit murder for allegedly hiring someone to kill Tim's estranged wife.
"We did gigs with those guys [AS I LAY DYING] out on Ozzfest," Zakksaid.
"That's just a massive, massive mess over there.
"It's just like any of our friends. If any of our buddies were gonna do something like that, we'd be like, 'What are you talking about, man?!' I get it if he's pissed off, saying, 'I swear to God I want to rip her fucking head off,' but that's okay, you can dump your feelings out, go to the bar and get tanked and spill your guts, but you're not fucking killing anyone, dude. Let's just chalk it up as a loss. See what happened to OJ [Simpson], so why would you want to go there? She's gonna get the fucking house, she's gonna take half the money. Now, as your managers, we're gonna be booking AS I LAY DYING till the fucking cow comes home. The band is doing great, you're gonna be fine and you just keep moving forward.
AS I LAY DYING frontman Tim Lambesis — who was charged last week with trying to hire a hitman to kill his estranged wife — had his bail lowered from $3 million to $2 million during a hearing this afternoon