Tom Sizemore is sentenced but remains free. He's sentenced to 17 months for probation violations but is allowed to remain free pending his appeal of his domestic violence conviction

By Gary Susman
Updated March 25, 2005 at 05:00 AM EST

”I ‘m making a documentary about this whole thing,” Tom Sizemore said Thursday, talking to reporters outside a Los Angeles courthouse. ”It’s called Hollywood Devolution: Tom Sizemore’s Nightmare.” It may have seemed like a movie to the Black Hawk Down actor, given the contrasting outbursts of emotion he displayed inside and outside the courthouse. Inside, according to the Los Angeles Times and wire service reports. Inside, he sobbed and pleaded, acknowledged embarrassing his family with his past behavior and begging for leniency from the court, which ultimately sentenced him to 17 months in jail and four months in rehab for violating his probation. The court allowed him to remain free, however, pending appeal on his 2003 domestic violence conviction. Outside, he told reporters, ”I’m free, I won. Free at last!”, then said of the prosecutor, ”He’s a chump, he’s a C-student, he’s a piece of garbage.”

Sizemore was convicted in 2003 of abusing then-girlfriend Heidi Fleiss. During his probation, prosecutors say, Sizemore has failed numerous drug tests and admitted to methamphetamine use. Investigators allegedly caught the actor last month using a Whizzinator, a prosthetic penis filled with a clean urine sample, to cheat on a drug test. Sizemore has denied failing the test and has said the device ”wasn’t mine.” Sizemore, who’s completing a film shoot this week and beginning another one next week, does have a drug problem, his attorney acknowledged to the Times, but has it under control. ” I think the problem, as it exists now, is minimal,” said Michael J. Rovell. ”He’s functioning. He’s able to go to work. He’s able to help write the script, direct and act.”

Later on Thursday, Sizemore had to return to court for sentencing on a felony conviction for meth possession. He was ordered to show he had enrolled in a drug treatment program by April 14.