“Among the 15 suspected San Diego street-gang members charged in a string of shootings is Brandon Duncan, an aspiring rap singer,” latimes.com reports. “Duncan, 33, who raps under the name Tiny Doo, is not accused of providing the guns or being present at the nine shootings that terrorized a neighborhood where the Lincoln Park gang has long used violence to protect its turf. Instead, prosecutors are going after Duncan over something else: His latest album.” The move by the newly formed Gun Violence Prevention Social Intervention Unit is part of the LAPD’s recent campaign to promote gun safety at the street level. “The First Amendment doesn’t protect incitement to violence,” Lt. Obfusco told the Times. “Neither does it protect gang bangers spreading their message of criminality.” Just kidding. Or predicting. Either way, here’s the real deal . . .
Prosecutors say that [the album] shows that Duncan fits the legal definition of a gang member who “willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang.”
Duncan is a documented gang member with a “gang moniker” of TD, according to the San Diego police. In 2008 he was charged with pimping and pandering, although the charges were later dismissed.
Duncan’s attorney, Brian Watkins, argues that the use of a 2000 law to include Duncan in the case is “absolutely unconstitutional” and a waste of taxpayers’ money by the district attorney.
The evidence against Duncan, Watkins said, consists of his rap album and pictures on a social media page of him and several other defendants. The latter is not surprising, he said, given the fact Duncan grew up in San Diego in a neighborhood with gang members.
Duncan’s album does not encourage violence, Watkins said.
“It’s no different than Snoop Dogg or Tupac,” he said. “It’s telling the story of street life,” with gritty details and obscenity-filled language.
Well he would say that, wouldn’t he? Anyway, while I’m not student of the genre, you may recall that this is not the first time the LAPD got their knickers in a twist about rap artists encouraging violence. Back in August they had a cow when “Cebo the Rapper” responded to police gunning down one Ezell Ford with a video entitled Fuck Tha Police.
In case you don’t have the time or willpower to watch, Cebo calls the cops “KKK in the flesh” and calls them “the enemy.” Does he call for their execution? He does not. Would that have been legally actionable? Probably. But until Cebo of Tiny Doo do dat, do dat, do dat; I don’t see a problem here. Save over-zealous police and prosecutors who seemed to have forgotten their oath to uphold the United States Constitution, who consider themselves a law unto themselves.
“If we are trying to criminalize artistic expression, what’s next, Brian De Palma and Al Pacino?” Watkins said after visiting with his client in county jail.
“Every drug gangster loves ‘Scarface.’ Does it encourage violence?” asked Watkins, a reference to the 1983 movie directed by De Palma and starring Pacino.
Watkins made the same argument in San Diego County Superior Court. But a judge this week ordered Duncan and other defendants to stand trial.
The district attorney’s office declined comment on the case.
But in court, Deputy Dist. Atty. Anthony Campagna noted of the case against Duncan, “We’re not just talking about an album of anything, of love songs.” The cover shows a revolver with bullets, Campagna told the judge.
Trial is set to begin Dec. 4. Duncan remains in jail in lieu of $1-million bail. If convicted, he could face a sentence of 25 years to life in prison, Watkins said.
It’s no surprise that the city that spits on the Second Amendment pisses on the First. Put that to music.