The die is now cast for Eminem. The artist with the No. 1 album on the pop and R&B charts was formally charged by local prosecutors yesterday (June 6) with two felony counts, bearing a concealed weapon without a license and assault with a
deadly weapon. The charges stem from a fight outside a Detroit-area nightspot in the early hours of Sunday morning (June 4). If he is convicted on both counts, Eminem could face as much as nine years in prison.
Whereas two of the four arrested outside the Hot Rock Café, including Eminem's wife, Kimberley, appeared in court on Monday, June 5, the rapper will face the bench today for the first time. He will likely be booked and arraigned by Michigan District Judge Susan Chrzanowski. He is now free on a personal bond.
Yesterday, Macomb County prosecutor Carl Marlinga elaborated on the events leading up to Eminem's arraignment to MTV News, based on interviews with witnesses conducted by the Warren (Mich.) Police Department.
Late Saturday night, Eminem went to the house of a friend, Gary Kozlowski. He was upset that Kim Scott (accounts differ as to whether she goes by the surname Scott or Mathers) had gone to the nightclub with a man that he suspected she had been seeing behind his back.
At around 2 a.m. Sunday morning, Eminem and Kozlowski drove in the latter's car to the cafe, and shortly after arriving, at around 2:20 a.m. saw Scott canoodling with a man, one John Guerra, in the parking lot. Eminem then leapt out of the car, pointed an unloaded 9mm pistol at Guerra, and said, "I am going to kill you," according to Marlinga. He added that the fact that the gun was unloaded is evidence that Eminem intended to only frighten Guerra.
Guerra didn't recognize Eminem, and the two proceeded to tussle. Eminem "hits [Guerra] on top of his head with the gun once or twice and others get their hands on his wrist and cause the gun to drop," said prosecutor Marlinga. It was picked up by Kozlowski, who placed it in the waistband of his pants (some accounts report that Guerra picked up the gun at this time).
It wasn't long before the police arrived on the scene and separated Eminem and Guerra. Kozlowski surrendered the weapon to the officers, and, astonishingly, Eminem said it was his, claiming that he needed it in absence of bodyguards. He does not own a license to bear a concealed weapon, although he was approved for one once he completed a safety course. Therefore, grounds were established for both Eminem and Kozlowski to be arrested on suspicion of carrying a concealed weapon, and the two men were taken into custody.
The two other arrests involved more baffling behavior: Scott berated the officers for getting involved in the fracas, and Robert Lee Brown, an onlooker, claimed to be Eminem and continued to make obstreperous comments after being asked to depart the scene. The two are charged with disturbing the peace and disorderly conduct, respectively.
Howard Hertz, Eminem's lawyer, is said to be seeking an injunction that would allow Eminem to honor his commitment to participate in the Up in Smoke tour, featuring Dr. Dre, Snoop Dogg, Warren G, and Ice Cube. Prosecutors indicated that they would be amenable to Hertz's request, provided that Eminem would return to Michigan on the tour's days off.
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