All charges against rapper in gang conspiracy case dropped

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SAN DIEGO -- A judge Monday dismissed all charges against a San Diego rapper and another man who were accused under a conspiracy law that allows for the prosecution of gang members if they benefit from or promote crimes committed by fellow gangsters.

After a daylong hearing, Judge Louis Hanoian threw out all charges against rapper Brandon Duncan and co-defendant Aaron Harvey.

The charges stemmed from nine shootings in San Diego between May 2013 and February 2014.

Hanoian ruled that several other co-defendants must stand trial in the case.

Prosecutors alleged Duncan rapped about gang violence, which benefited a gang.

Duncan, also known as Tiny Doo, said the case will not prevent him from writing his music.

"If you want to hear my music, you want to listen to it ... it's not promoting anything,'' Duncan said outside court."I'm not telling nobody to commit no crime, I'm not telling nobody to do anything. It's just artistry.''

Superior Court Judge David Gill recently dismissed charges against some of the defendants, saying prosecutors didn't present enough evidence to prove that those defendants willfully benefited from the violent crimes alleged. Other defendants, who were split into a different group -- were bound over for trial.

Hanoian today granted a defense motion to dismiss charges against Duncan and Harvey, ruling that the defendants could not face a conspiracy charge without a specific crime attached to it.

District Attorney Bonnie Dumanis said in December that case was not about punishing someone for rapping, but rather "protecting our neighborhoods by taking violent gang members off the streets and holding them accountable for the crimes they commit using a law that the voters passed and the court recognized as constitutional.''

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  • Terrie Best

    Bonnie Dumanis is not interested in justice, she is interested in winning. This was a sick perversion of the law and I’m glad Judge Hanoian saw through her heinous at tactics and set these innocent boys free.

    • Freddy

      Innocent boys? If they’re so innocent why don’t you set up a dinner with them in their neighborhood and see how that goes? These guys are thugs. Teaching other young blacks who listen to their music to commit crimes, sell drugs to make big money and kill innocent people and cops. Moron liberal!

    • Terrie Best

      Hahaha….innocent is not the word. They are both gang members. Maybe it was a stretch for the conspiracy charge but these two are gang members in a gang who shoots other people. When you post pics showing you throwing gang signs and rap about being in a gang, you ARE a gang member.

  • wow

    Freddy, f$ck off. You’re the liberal because the dems believe in censorship and thats what this law is….censorship of our first amendment right to free speech. Now they should impeach Bonnie Dumanis for her over abusive powers of authority. They never should have been arrested because they weren’t involved in any crime….this was admitted by the DA in the very beginning of their case against them. I hope they sue the City of San Diego for their unnecessary incarceration.

    • Freddy

      You evidently have no kids and don’t have a clue about gangs. These turd brains pitch violence, hate for authority, and gangster life style. And for your information, as a business owner and someone who pays more than his fair share of taxes for turds like you, I’m as conservative as they come dikkwad!

  • wow

    Freddie, remember Tipper Gore and her censorship push against violent lyrics aimed mostly at rap music. This is what got this law voted in California several years ago. However, this law is so obscure and offensive to the 1st amendment that this is the first time this law was tried in California and it failed because it is unconstitutional. This law should be erased from the law books forever. Before you judge me take a look at your racist comments. I’m conservative myself and believe me I pay my fair share of taxes as well but I also believe in our constitutional rights and it’s the law makers, politicians and police that tend to abuse their authority. Don’t ever assume that authority has your best interest at heart because they don’t. It’s not a crime to speak, write, and sing about how one feels whether you think or believe what they’re saying is right or wrong. This is just one huge thing that separates America apart and is what I fought for. Political correctness has gone too far and this case is an example of that as well.

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