Gang Conspiracy Case Decision Continued

This case got a lot of national attention because it involved San Diego rapper Brandon Duncan and his rap lyrics

A judge will hear more arguments Friday concerning controversial conspiracy charges against six defendants snared in a large ongoing gang case.

The case got a lot of attention because it involved San Diego rapper Brandon Duncan who was charged with conspiracy based on the lyrics of his rap music.

A judge dismissed the charge against Duncan last month.

The court heard arguments all day today on the defense's motion to dismiss the controversial conspiracy charges against six remaining defendants in a sweeping ongoing gang case.

Only two of the six defendants who are alleged members of a Lincoln Park gang will be released if the judge dismisses the conspiracy charges based on their Facebook posts.

The other four will remain in custody pending the outcome of RICO charges against them.

Prosecutors played graphic videos and audio in court today and showed Facebook posts of the defendants.

“Based on the evidence, that they were all active participants of the ‘Hit Squad’ and we see that the Hit Squad’s goal was to commit hits and to kill their rivals, to kill Neighborhood Crypts and West Coast Crypts and this ongoing conspiracy to do that,” argued Assistant District Attorney James Simmons.

Prosecutors said the defendant’s Facebook posts prove conspiracy and that the defendants, all Lincoln Park Bloods, profited and benefited from violence against rival gang members between 2012 and 2014.

Defense attorneys argued that their clients did not participate in the crimes or even know about the ones the District Attorney’s office based the conspiracy charge on.

The defendants were charged under Penal Code 182.5, a conspiracy law that basically says active gang members can be charged for crimes committed by other members even if they were not involved in the crime.

“It’s an injustice,” said Duncan, who said he was in court today to support those who remain in custody. “It’s wrong because they demonize our culture based off their beliefs. They don’t even listen to our music because they don’t understand our music or understand who we are.”

The District Attorney’s office sent this statement about the use of the 182.5 charge to combat gang violence:
“ The District Attorney’s Office has been reaching out to faith-based leaders, community representatives and activists, meeting with them several times to listen to their misgivings over the use of this particular law to combat gang violence.

While the court has said the DA’s Office used this law properly when it comes to most of the defendants charged with Penal Code 182.5, we’ve decided not to appeal the cases against defendants where the charge has been dismissed. In the future, we will carefully review the court’s legal analysis of this law— along with the community input we’ve received— before filing any potential future charges based on PC182.5.

Our goal continues to be protecting neighborhoods across San Diego County from deadly gang violence and holding the most active gang members accountable for crimes that terrorize the community. It’s so important that conversations like this one continue to happen and that we recognize they’re taking place amid a broader nationwide discussion on important social justice issues.”
 

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