California Judge Refuses to Jail Sizemore

A judge refused Thursday to immediately lock up Tom Sizemore (search) for possessing methamphetamine (search) and for failing drug tests seven times this month.

But Judge Antonio Barretto Jr. (search) offered a dark prediction for the 43-year-old "Black Hawk Down" and "Saving Private Ryan" actor, who faces sentencing March 24 for violating probation.

"There are two ways for you to go," Barretto warned. "One is to recover. The other is to die."

Barretto allowed Sizemore to remain free on bail pending his sentencing, when he faces up to 4 1/2 years for violating probation for a 2003 domestic violence conviction involving his ex-girlfriend, former Hollywood madam Heidi Fleiss.

He also could face two years for a felony count of possessing methamphetamine if he declines drug treatment.

Outside court, Sizemore acknowledged a drug problem.

"I slipped a couple of times, I did," Sizemore said. "I am progressing. I am doing much better.

"I'm not going anywhere," he added. "I'm going to make movies. I should never have been in this mess in the first place."

Prosecutor Sean Carney said outside court that Sizemore failed seven drug tests, admitted methamphetamine use twice and failed to show up for further testing — all this month.