Although he wasn’t at the scene of the crimes, Brandon Duncan, known by Tiny Doo, has spent nine months in jail on “gang conspiracy” charges arising from nine shootings that took place between May 2014 and Feb. 2014 in San Diego, California.
Prosecutors say he had no knowledge of the crimes either, but the problem is, he exercised his First Amendment rights. He rapped.
"I'm just painting a picture of urban street life," Duncan told CNN in a recent interview. "The studio's my canvas…. I'm not telling anyone to go out and kill somebody or go do something. I'm not doing anything differently than [Grammy-winning rapper] The Game."
— AMERICAN ME USA (@Bosssolid1Me) January 23, 2015
But San Diego County District Attorney says Tiny Doo, is a documented member of the gang that allegedly perpetrated the attempted murders.
And under a California conspiracy law, an "active participant" in a "criminal street gang" who "willfully promotes, furthers, assists, or benefits from" any felony committed by fellow gang members can be charged with "conspiracy to commit that felony.”
So he doesn’t have to agree to the crime to be charged, according to this law. But promotion of the crime, through Duncan’s rap songs, makes him an accomplice to the crime.
While prosecutors have admitted that there’s no evidence that Duncan assisted in the crimes, the district attorney sees that the rapper is guilty of benefitting from the shootings committed by unidentified gang members, by making a CD called “No Safety” about shootings and receiving “praise” for his music, according to the Huffington Post.
Advocates argue that the prosecutors are using this so-called “gang” law as a trap to over-criminalize people of color, while violating the First Amendment by punishing him for the content of his speech.
Duncan was released on a $50,000 bail after 9 months of imprisonment. He is scheduled for a hearing on Feb. 23, and his trial date is set for April 20.
Duncan has no prior criminal record. His attorney Brian Watkins deflates the notion the “No Safety” had anything to do with perpetrating a crime."If we are trying to criminalize artistic expression, what's next, Brian De Palma and Al Pacino?" Watkins said.
"Every drug gangster loves 'Scarface.' Does it encourage violence?" asked Watkins, a reference to the 1983 movie directed by De Palma and starring Pacino.
The only pieces of evidence against Tiny Doo are the mixtape and a social media photo of him with a few of the alleged shooters.
