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.
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.
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.
“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.