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Rapper Drops Mixtape. Just May Pay For It With His Life

What will follow is the most ridiculous thing I think I may have read in life. I don’t even mean that in a cavalier fashion. I mean that in the most sincere way possible. Like, when I say that I don’t like J. Cole, like, at all, I say with the utmost sincerity. That’s how I feel about how ridiculous this story is.

A rapper named Tiny Doo (nee Brandon Duncan)- no you haven’t heard of him – out of San Diego, California, is facing the possibility of life in prison.

Why is he facing the possibilty of life in prison?

I’m glad you asked.

Is it because he committed a crime? 

No.

Well that sounds odd. Was he at the wrong place at the wrong time? You know, like an accomplice? I got a cousin who did 11 years because of that.

No.

Hmm, was he on probation and violated the terms of probation?

No.

Well what the fuck did he do?

He dropped a mixtape.

What? 

Yep, a mixtape entitled No Safety.

How is that a crime? Even if its the worst mixtape ever that hardly counts as a crime nowadays, even if it might should be.

Because prosecutors in California have determined that because Tiny Doo is a member of a gang who attempted to murder 9 people, he invariably benefited from the crimes of his gang when he released the album, an album that would not have been as successful (its a mixtape, and no, its not successful) without the crimes of his fellow gang members.

Wait. That’s not possible is it? 

Turns out it is. And this is a real thing:

Prosecutors are calling upon a little used statute put in place by voters in 2000. It allows for the prosecution of gang members if they benefit from crimes committed by other gang members.

Though Duncan hasn’t been tied to the shootings, prosecutors argued that he benefited from the shootings because his gang gained in status, allowing him to sell more albums.

“We’re not just talking about a CD of anything, of love songs. We’re talking about a CD (cover) … there is a revolver with bullets,” said Deputy District Attorney Anthony Campagna.

The goal of the law — extra powers aimed at gang crime.

Saaaaaaaaaaaay what?

What.

No, like how is this even possible? ?

Man, I don’t know. But what I do know is that despite not committing a single crime and not having a single crime to his name, he is currently sitting in jail on a $1 million dollar bond facing 25 to life. Word to D. Nice.

From the LA Times article:

Prosecutors say that 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.

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.

“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.

To quote Kanye, this kind of shit is…fuckin’ ridiculous.

Panama Jackson

Panama Jackson is pretty fly (and gorgeous) for a light guy. He used to ship his frito to Tito in the District, but shipping prices increased so he moved there to save money. He refuses to eat cocaine chicken. When he's not saving humanity with his words or making music with his mouth, you can find him at your mama's mama's house drinking her fine liquors. Most importantly, he believes the children are our future. You can hit him on his hitter at panamadjackson@gmail.com.

  • Angel Baby

    WTF?!?!?!?! They’re just trying to get ’em all in jail by any means necessary at this point. SMH that’s too bad.

    • Asiyah

      That’s what it seems to me.

  • Sincereluv4life

    “Prosecutors are calling upon a little used statute put in place by voters in 2000. It allows for the prosecution of gang members if they benefit from crimes committed by other gang members.”

    If that’s not a racist statute smh. So lets say a former gang member finds Jesus and writes a tell all book about his life & sells a million copies. Does he have to go to jail too? Even though the mixtape might be garbage, he should have the right to talk about his experiences—- this statute is an attack on freedom of speech & like the lawyer stated: unconstitutional

    they just tryna lock up ninjas by any means necessary smh

    • Asiyah

      There are similar statutes in place all over the country. For example, there are laws stating that serial killers cannot profit from their crimes. There are also similar laws with white-collar offenders. Nevertheless, I’m not sure how I feel about this particular situation.

    • nillalatte

      It’s only racist if you don’t believe there are white gangs.

      • Sincereluv4life

        that’s a good point- I had my trigger finger on the racist gun lol- even w/ that being said, I still don’t see any ninjas from the Aryan nation sitting up in jail over this type of a crime. I just don’t see it.

    • Meridian

      I don’t think this is racist. California has a ridiculous amount of gang activity (blacks, asians, mexicans, whites) so I think this law is just a way to streamline a commonly used tactic by prosecution to get small fish and work their way up. There are ways around that in your example, but that pretty much sums up why this is ridiculous if used in a serious capacity as a standalone charge.

  • IcePrincess

    Minority Report isn’t just a movie. Wow, it’s really starting. Get ready for #thoughtcrime ????

    • Neptunes presents The Clones

      When it comes to gang members Cali does not play.

      • IcePrincess

        Fuck Cali and Fuck da police!! Idgaf if he was in a gang. You cannot lock folks up for their thoughts/art. Period point blank. They stupid af, the prosecution gonna get thrown out on they azz anyway. Even if they wanna say he benefited from his gang affiliation, they must PROVE it. Paper trail, testimony, things like that. Ya kno, EVIDENCE?! This story is preposterous. It would be hilarious, except we have a US citizen sitting in jail for no apparent reason. The ACLU needs to be all over this. This is the most bullsh*t I’ve heard in a while. Shame on you, SDPD.

  • Jocelyn

    I shared this story on Facebook this morning and started a discussion among some lawyer friends. While some people surprised me with foolishness, the overall sentiment was “WTH” and “Awww naw!” (in our scholarly voices of course). I cannot begin to understand why the prosecutor is reaching this far in this case.

  • Pinks

    Run, nuccas, run. Dey comin fo dat a$$.

  • HR Paperstacks

    If we are putting rappers away for their albums, Silk Da Shocker should have been got life…

    • Just Silkk Da Shocker! Man, LISSEN! The list of people doing jail time off of records would be ridiculous. Vanilla Ice would be at The Hague facing war crimes charges. Seriously? LOL

  • nillalatte

    Prosecutors over stepping? Dah hail you say!

    At least dude has a lawyer and I hope he’s good at what he does. Look, the judge who has detained him is an idiot and probably didn’t know the damn law existed him/herself. So, what do idiots do that have no clue, oh, they put yo’ azz in jail until someone else with a bit more sense comes along and calls out the foolishness of the ‘court’ [system].

    Did I ever tell you I hate the court system?

    I believe it is for the simple fact of legal interpretation, that is however what the idiot in the black robe thinks, and that may or may not be logical or legal. Do not ever think the lawyers and lawyer/judges are there for the people. Please! Miss me with that. They are in it for themselves. And, I need to stop because this is a hot button for me, ya know? Happy F’n Friday!

  • Meridian

    I’m actually surprised they didn’t use it as a confession or evidence in the investigations. They might be baiting him into snitching, otherwise it doesn’t make sense. It’s almost laughably petty if it wasn’t someone’s life. Stretch Armstrong reaching.

  • Wild Cougar

    Unconstitutional. First amendment, freedom of association. I argued a case once where the tried to lock up a guy cuz he had a gang tattoo. They pushing the limits on this to see if they can win then go after anybody they deem a gang member. How do the police decide who is a gang member? You were associating with so and so. That’s all they want, the freedom to lock up people for who they are seen with, then charge them up the azz so they can get a snitch to say whatever they want. No, sir you will not.

    • Meridian

      Heeey, I forgot you’re an attorney. That’s pretty much what I was thinking it was. I deleted my original comment because I felt it sounded like I was being sympathetic to the law, when I was really just theorizing about the application of it and how it made sense to me why they would do that. I think it’s like when you arrest someone who’s innocent, but then you hit them with bogus charges just because there’s an iota of truth to them, but then the person makes a deal and acts as a witness to the ACTUAL crime they’re trying to prosecute. That’s a common tactic. I think this law just makes it an official thing.

  • Question. Why do you hate J.Cole? I understand being indifferent to the man and his music lol but why hate? What did Jermaine Cole ever do to you? :-(

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