Reporting by Eva Knott
Tim Lambesis, once singer for the San Diego metal band As I Lay Dying, and his attorney are expected back in court next week arguing that he deserves “custody credit” for the days he was on “house arrest,” after hiring a hitman to kill his wife.
“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.
Tim Lambesis is expected to be in San Diego’s North County Superior Courthouse at 9:30 a.m. next Friday, before the same judge who sentenced him to six years in prison, the Honorable Judge Carlos Armour.
Lambesis, 33, was in the midst of a bitter divorce battle with his wife of eight years when he agreed to pay $20,000 to an undercover officer to kill his wife.
The singer was taken into custody the same day as the sting operation, on May 7, 2013. He was in local jail for 24 days (and given credit at sentencing for 48) before he paid $160,000 in fees to the bondsman who posted his $2 million bail.
Lambesis 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, when he was taken away in handcuffs.
At the emotional, two-hour sentencing on May 16, the target of the hired hit, estranged wife Meggan, spoke to the court. 33 year-old Meggan read a prepared statement for eighteen minutes, and then her mother and father each took a turn addressing the judge; they all begged for the maximum possible sentence — nine years.
Meggan revealed at that time that she believed her estranged husband got the gate codes into her secured condo by watching their small children punch in the codes when he returned them to her, after scheduled visits.
Lambesis admitted a single charge of solicitation of murder in February 2014. Because he had no prior record, Lambesis qualified for the minimum possible sentence of time served; the maximum possible sentence was nine years prison.
Two weeks before his sentencing, Tim Lambesis gave an interview to a probation officer; at that time hoped he to be sentenced to probation. The officer prepared a report which includes quotes from Lambesis: “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.”
The probation officer noted, “He hopes to return to Carlsbad to reside with his girlfriend in the future.”
Under the heading “pro-social activities” the officer noted of Lambesis: “He enjoys performing as a musician and enjoys eating fine cuisine. He is on house arrest and unable to attend Church; however, he is involved in weekly counseling sessions with a fellow philosophy expert from his church. On occasion he receives services with a pastor from his Church in person or via telephone. He receives advice from elders from his church. He questioned his faith while he was using steroids but he has since renewed his faith.”
Under the heading “future plans,” the officer quoted Lambesis: “My plans are on hold until I figure out my timeline. In the future, I want to possibly obtain my master’s degree. I definitely want to continue to pursue music.”