Kay Flock’s attorneys have a brand new argument for why their consumer should not get the 50-year jail sentence the federal government is pushing for when he is sentenced in his federal racketeering case in just some days: He could not have been a gang chief attributable to an “intellectual disability.”
The declare was made within the rapper’s sentencing submission, which was filed underneath seal, although a redacted model might develop into public quickly. But the declare’s existence turned public when the federal government supplied a rebuttal to Flock’s submission in a brand new 10-page letter.
At the middle of the case is the federal government’s declare that Flock was the chief of the youthful era of the Sev Side/DOA gang, and began and escalated rivalries that culminated in a number of violent incidents.
Toward the tip of their letter, filed on Friday (Dec. 12), prosecutors mentioned: “[T]he defense argues that [Kay Flock] could not have been the leader because he was ‘managed’ on the street by CW-1 [an unnamed cooperating witness in the case] due to the defendant’s purported intellectual disability.”
“There is absolutely no evidence in the record to support that claim,” the letter continued.
In truth, prosecutors mentioned, Flock and the youthful era of his Sev Side/DOA gang had main disagreements with the gang’s older era, of which CW-1 was a component.
The unnamed witness testified throughout Kay Flock’s trial that the gang’s youthful members have been “making the block hot, causing attention and bringing police when [the older generation] was trying to sell drugs.”
Prosecutors additionally famous that, after the decision in his trial, Flock posted “KILL ALL RATS” on Instagramwhich they referred to as “an unmistakable shot” on the unnamed witness.
Flock’s sentencing will happen on Tuesday (Dec. 16) in Manhattan federal courtroom. He was discovered responsible of racketeering conspiracy, assault with a harmful weapon and tried homicide in assist of racketeering, and a firearm discharge offense.
The authorities’s new letter talked about a number of of the rapper’s songs, together with “Who Really Bugging,” “DOA,” and “Is Ya Ready,” all of which prosecutors say glorified incidents of real-world violence during which he performed a component.