According to Radio.com, a judge has denied AS I LAY DYING frontman Tim Lambesis' request to have his prison sentence reduced by the amount of time served while under "house arrest" as he awaited sentencing for hiring a hitman to kill his estranged wife, Meggan.
Judge Carlos Armour said in court earlier today (Friday, July 18) that credit only applies to inmates held in lieu of bail and Lambesis' status was electronic surveillance while out on bail. "The GPS monitor was not a condition of bail, not on house arrest," he noted. "He was privately monitored, not by the Sheriff who controls those in custody in this County, said the judge. Therefore, those custody credits are denied."
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.