Police seized a machine gun and 14 full-grown pit bulls Wednesday from the George Street home of rap star Earl Simmons , also known as DMX, investigators said.

The 28-year-old rapper, surrendered with his wife, Tashera, to Teaneck police. He was accompanied by his attorney, Brian Neary of Hackensack, police said.

Simmons and his wife were released after posting bail.

Investigators said the arrests stemmed from a probe into a shooting at the Hilton Hotel in Fort Lee in which Ray Copeland, a 33-year-old music producer from Mount Vernon, N.Y., was shot once in the foot. He was treated at Englewood Hospital and Medical Center and released.

Fort Lee Deputy Police Chief Bernard Hart declined to say whether Simmons is a suspect in that shooting.  "It's under investigation," Hart said. "That's all I can really say about it now."

Hart acknowledged, however, that the investigation into the Copeland shooting led police to get a search warrant for Simmons' George Street home.

Police recovered an Intratec Tec-9 semiautomatic handgun prohibited by the state's assault-weapons ban, a cache of illegal hollow-point bullets, a banned large-capacity gun clip, and a bulletproof vest, Falvey said.

"We also recovered 14 pit bulls," Falvey said, adding that they were being kept in violation of municipal ordinances.  "All adults," Falvey said. "One was walking around, the rest were in a cage. The dogs have been turned over to the ASPCA."

The Bronx-born rapper, is charged with unlawful possession of a weapon, possession of a weapon for an unlawful purpose, and possession of the hollow-point bullets and the large-capacity magazine. He was released after posting $50,000 bail.

His wife, who faces the same charges, was released on $2,500 bail.

Update 7/12/99:  Simmons was arrested on obscenity charges during a weekend concert in Trinidad, which prompted a bottle-throwing protest by his fans.

Police fired their guns in the air to control the angry crowd as Simmons was led from the stage on 7/10/99.

The cigarette company Craven A, a sponsor of the concert, said the rapper was warned that profanity could lead to his "arrest and removal".

Update 3/23/00:  Simmons was named in an arrest warrant from municipal court in Cheektowaga, NY after failing to appear for traffic charges.  Simmons was accused of speeding, possession of marijuana, failing to signal a lane change, and driving with a suspended permit after a concert in Buffalo, NY on 3/3/00.

Update 10/17/00:  Simmons plead not guilty to weapons charges in Superior Court in Hackensack, NJ.  Simmons and his wife, Tashera, were charged with weapons possession, possession of hollow-point bullets, and endangering the welfare of a child following the seizure of a machine gun from their Teaneck home in June 1999.

Simmons, who now lives in Bedford, NY appeared before Judge Timothy Sullivan for arraignment on an indictment handed up by a Bergen County grand jury.  Judge Sullivan asked whether Simmons could attend a November 13th status conference.  After consulting an appointment book, Brian Neary, Simmons defense attorney from Hackensack, NJ stated "Mr. Simmons is an entertainer.  He's going to be engaged".  Judge Sullivan wasn't amused and stated "Well, he's going to have to unengaged".

Judge Sullivan also took a swipe at the "hot-shot" NY attorneys who were not in court and failed to file the appropriate applications for representing Tashera Simmons.  Judge Sullivan ordered her to hire a NJ attorney and rescheduled her arraignment for October 30th.

Update 4/18/01:  Simmons and wife Tashera are facing a 5-count indictment after police investigated a June 27, 1999 shooting at the Hilton in Fort Lee, NJ in which Simmon's uncle and business manager, Ray Copeland, was struck in the foot.  Tashera Simmons pocketbook containing her identification, was found in the hotel lobby near the scene of the shooting.

At the Simmons' home, detectives said they found Tashera Simmons' mother, Marcia Tate, along with Simmons' 15-year-old son and 6-year-old daughter.  Tate gave them an earful about her son-in-law's behavior in the days leading up to the shooting.

According to Tate, Simmons was in and out of the bathroom smoking crack for the past 3-4 days.  On the night before the shooting, Tate said, paraded past her holding a pistol "like a piece of pizza flat in his hand".  Tate told detectives she asked her daughter, Tashera Simmons what her husband was doing with the gun and was told he was "losing his mind".

While detectives spoke with Tate, they "smelled an odor of rotting garbage and observed flies all about the house:.  Officers also found marijuana in a second-floor bedroom.  Based on Tate's statements and what they saw, the detectives got a warrant to conduct a more thorough search.  When they returned later, they found a loaded 9mm pistol in a dresser and 6 "used glass cocaine-smoking pipes" in a bedroom vanity.  14 pitbulls were also found throughout the house and seized.

Simmons was never charged in connection with the Fort Lee shooting, in part, because Copeland refused to cooperate with detectives.

Simmons' lawyer, Brian Neary, has filed a motion contesting the legality of the police searches.  Superior Judge Donald R. Venezia denied Neary's request that he dismiss 2 of the charges.  Judge Venezia also ruled that 2 of Simmons' prior convictions - a 1994 drug charge and a 1998 theft charge - are admissible in a trial.  2 older convictions in the late 1980s are not admissible.  All are misdemeanor convictions in NY.

Update 5/16/01:  While lawyers quizzed police officers about how they obtained a gun and ammunition from Simmons Teaneck home, Simmons and his wife snoozed comfortably in court.

They were in court in a bid to suppress the evidence, which there attorneys argue was the result of an illegal search.

Before the hearing, Tashera Simmon's attorney, Stacy Richman, told Judge Venezia that the couple did not intend any disrespect to the court if they dozed off, but they had taken a late-night flight and had not slept well.

Simmons attorney Brian Neary argued that police had already been inside the Simmons home illegally the day before and used their observations then to get a search warrant to return a second time.

The Simmonses also face a second indictment handed up in March and charged with possession of a .22-caliber pistol found by the housekeeping staff in the Englewood hotel room registered to the couple in August 1999.

Update 6/15/01:  Rapper DMX and his wife appear headed for trial on weapons and child endangerment charges, following a judge's denial of their bid to suppress the incriminating evidence.

Prosecutors have offered Simmons and Tashera probationary sentences if they agree to plead guilty but neither has accepted. 

Judge Venezia stated that "Ms Tate is both Mrs. Simmons mother and Mr. Simmons' mother-in-law" giving her the common authority over at least the general areas of the Simmon's home".

Among Defense Attorney Neary's argument, he contended that police gave the judge who approved the search warrant misleading information:  in their affidavit, Fort Lee Police Detective Wayne Monico wrote that Simmons had a criminal record, which precluded him from owning a gun.  While Simmons does, in fact, have 3 previous convictions in NY, all are for misdemeanors, which doesn't preclude him from owning a gun.

Judge Venezia agreed the information was false but said it was not enough reason to throw out the search warrant.  "If anything, the inclusion of this false statement was mot likely the result of a misinterpretation, stated the Judge.

Update 8/23/01:  Judge Venezia denied a motion from defense attorney Brian Neary, who said police violated the Simmonses right to privacy by entering a hotel room registered to the couple without a search warrant.

The officers were summoned to the hotel by management after the housekeeping staff found a .22-caliber pistol.  State law suggests that although a person's right to privacy is lesser in a hotel than in his or her home, there is still a reasonable expectation of privacy.  However, Judge Venezia said the couple had been asked t leave the hotel, and police were called 2 hours after checkout time.  "Their expectation of privacy is more watered down at that point" "Almost to the point that they did not have one", stated the judge.

The judge said that the clothing and food found strewn about the room was not proof that they were still renting the room, since it was possible that the couple had intended to abandon the articles.  Polid3 then saw the gun "in plain view", the judge said.

Update 1/10/02:  Under the terms of a plea deal, the now 31-year-old rapper plead guilty to an assortment of minor offenses in Superior Court in Hackensack and will avoid prison.  In exchange, he will be required to produce public service announcements condemning guns and cruelty to animals.

The exact number and nature of the public service announcements has yet to be decided.  Superior Court Judge Donald R. Venezia asked Neary and Bergen County Assistant Prosecutor Ike Gavzy to hammer out specifics before a 3/15/02 sentencing.

Judge Venezia also sentenced Simmons to an undetermined period of probation.

Simmons plead guilty to 13 counts of animal cruelty and 2 counts of maintaining a nuisance, along with 1 count each of disorderly conduct and possession of drug paraphernalia ending a 2.5 year court saga.

As a result of Simmons guilty plea, prosecutors agreed to drop all charges against his wife Tashera.

The case had been set for trial, but prosecutors were forced to bargain when their key witness - Simmons' mother-in-law Marcia Tate - refused to cooperate.

Simmons will have to pay a $1,000 fine for each of the 13 animal cruelty complaints and is barred from driving a motor vehicle in NJ for 6 months.

Update 3/16/02:  Rapper DMX agreed to produce and pay for 2 public service announcements as part of his plea agreement.  Simmons will do a radio spot and a poster for the HSUS.  Simmons, now of Mount Kisco, NY was sentenced to 1 year of probation and imposed a $30,000 fine.  Convictions on the more serious charges could have sent both Simmonses to prison for up to 10 years.

Simmons also apologized to the judge for his behavior at several pretrial hearings.  Judge Venezia accepted the apology and repeatedly warned Simmons to keep his life on track.  The judge told him another arrest could ruin his career.  "I think he'll be amenable to probation because he damn well knows that, if he comes back here, he's going to jail", "You can line up all the Grammy statutes you want in front of me, it not going to make a darn bit of difference.

Bergen County Assistant Prosecutor Ike Gavzy estimated the cost of the public service announcements to be about $20,000 for the radio spot and $7,500 for the posters.  The HSUS will order an initial printing of 25,000 posters according to Gavzy.

Simmons must pay the bulk of the cash fines to the Bergen County SPCA, including $13,000 for the 13 animal cruelty counts.  He must also pay a $15,000 fine to a separate county SPCA fund.  That money will pay for a public awareness campaign, said Ray Koski, a Fort Lee attorney who prosecutes SPCA cases.  Charges against the visibly pregnant wife Tashera Simmons were dropped.  Mrs. Simmons is expecting the couple's 4 child.

Update 6/13/04:  Amusing Diversions Inc. alleged in court papers that when they signed a promotion agreement with DMX, they were unaware of his involvement in dogfighting or his conviction on animal cruelty charges  The company claims Simmons is in breach of an agreement to promote its line of high-end doggie-wear.

Reference:

The Associated Press

The Star-Ledger

The Record

New Casefile 8/3/07:

  On 8/3/07 an anonymous complaint was received on the Maricopa County Sheriff's office Animal Cruelty Hotline stating there were numerous dogs at that were not being cared for properly. The Complainant also stated the house is owned by Earl Simmons, who is known as the rap singer DMX.

A Sheriff's Deputy Sgt. Matt Summers arrived at the suspects address, knocked on the front door, but there was no response.

There were seven pit-bull/mastiff dogs tied up at several locations in the front and east side of the property. There were two dogs in a fenced area of the backyard. None of the dogs had food or water available to them. The temperature at this time was approximately 110 degrees. One dog that was tied to a palo verde tree in the front of the house appeared emaciated. Several of the other dogs appeared considerably under weight. All dogs were panting heavily. I took photographs of the dogs and the residence. I then began to give all the dogs water from a hose on the south side of the house.

There was a strong odor consistent with decaying flesh on the southeast side of the house, and areas on the ground that had been disturbed, as if someone had dug into the ground.

The Sgt. Summers placed a Sheriff's Office Notice of Investigation on the front door. On 8/8/07, there was a message on my office answering machine from Scott Mason who identified himself as an attorney for Earl Simmons.    Sgt. Summers was able to contact Mr. Mason on 8/10/07 who stated he was informed by the caretaker of the notice placed on the door. He stated he was in New York and that Mr. Simmons loved his dogs and is very concerned about them.  Sgt. Summers stated to Mr. Mason that the temperatures in Phoenix were exceeding 110 degrees, and that Mr. Simmons dogs must have necessary food, water, and shelter from the sun.  Mason apologized and stated they have had problems hiring caretakers. Mason said he would contact the current caretaker, and have the problem corrected.

On 8/10/07, at ~3:20pm , Sgt. Summers again arrived at the suspects' residence to check on the welfare of the dogs. There was no change in the living conditions from 8/7/07.  All of the dogs outside did not have food or water available to them. Three of the dogs did not have shelter from the sun.  Again the deputy supplied the dogs with water to prevent them from dehydrating. Additional photographs were taken.

On 8/15/07, again Sgt. Summers returned to the suspects' residence and observed a white male giving the dogs water on the east side of the house. He identified himself as Bradley Blackwell.  Mr. Blackwell stated that he has been caring for the dogs for approximately one week as a favor to Mr. Simmons until he can find someone else to take the responsibility. He stated he was contacted by Mr. Mason, and informed him that he would only continue caring for the dogs until the end of the week. He also stated he has not received enough money from Mr. Simmons to properly care for the dogs, and that he has had to pay for dog food out of his own funds. He stated there were four dogs housed in kennels in the house to prevent them from fighting with each other.  Mr Blackwell had stated there were several dogs buried on the property. He stated the air conditioner to the house broke and he believed they may have died from the heat. He later stated they may have died from valley fever. Later Veterinarian reports have stated several dogs have had valley fever. I explained to Mr. Blackwell that the dogs had to be supplied with water all day long in this heat, and that the dogs must be able to have protection from the sun. He stated there were too many dogs and he does not have the resources to meet these requirements. He stated he has explained this situation to Mr. Simmons and Mr Mason.

On 8/21/07 again Sgt. Summers arrived at the suspects residence and again observed that the dogs outside did not have water available to them.  Again Sgt. Summers took photographs and began supplying the dogs with water.

On 8/22/07 Sgt. Summers arrived at the suspects address with Deputy Robb Wirth.   Two dogs in a kennel on the south side of the house did not have any water. None of the dogs had food. Two dogs tied to an awning on the south side of the house did not have any shelter from the afternoon sun.

On 8/24/07 the dogs were seized from the residence  - Case: 07-157560

  3 dogs bodies were exhumed from the property on 8/24/07.  They were shipped to Dr. Melinda Merck in coolers and arrived on 8/29/07.  The temperatures inside the coolers was 64.9 degrees Fahrenheit.  Necropsy was performed on 8/30/07

  (Photo courtesy of ABC15)  Update 7/24/08: Simmons plead not guilty to felony charges of theft and identity theft.  37-year-old Simmons gave the name "Troy Jones" and an incorrect Social Security number to a Scottsdale hospital in April to avoid paying $7,500 in medical expenses.  Simmons was arrested on a felony warrant on July 19th.  He was released from jail on a $50,000 bond.

Earlier in July he was flying in to Sky Harbor from Florida where he was arrested on drug charges in Miami.  In May he was arrested for driving at 114-miles-per-hour on the Loop 101 on a suspended license.

Update 8/28/08:  Simmons plead guilty to attempted marijuana and cocaine possession in Florida.  Simmons was sentenced to time served and will be sent back to Phoenix to face charges there for drug and animal cruelty charges.

Simmons decided to plead guilty when he was denied bail due to the outstanding Arizona warrant.  If he hadn't plead guilty he would have had to sit in jail in Miami until an October trial date.

  Update 12/30/08:  Simmons has been serving time at Miami-Dade County jail after being captured earlier this month by federal agents when an Arizona judge issued a bench warrant for his arrest.

Simmons missed a court appearance in Arizona earlier this month, where he was due to face charges of drug possession, identity theft and animal cruelty.

Simmons agreed to enter a guilty plea on 1 count of possession of narcotic drugs, 1 misdemeanor count of cruelty to animals, 1 count of thefts and possession of marijuana.  He is scheduled to be sentenced on January 30, 2009 where, according to the plea agreement, the other charges including ID theft, will be dropped.

A news release from the Maricopa County Attorney's Office states that Simmons is expected to be sentenced to a minimum of 90 days in jail, plus probation.  As part of his probation, he won't be allowed to own any animals or firearms.  Simmons remains in custody.

Reference:

The Maricopa County Sheriff's Office

TMZ

ABC15

Phoenix Valley Fever News Times

Reuters