Rap song lyrics describing gang activity are in controversial and historical legal spotlight regarding gang conspiracy involving shootings.
San Diego, CA - January 14, 2015 - After more than six months in jail, a local San Diego Rap Artist, Brandon Duncan “Tiny Doo” may soon be released from custody. Conspiracy charges have been dropped in the case against Duncan and 15 other individuals charged. San Diego criminal defense attorney Brian Watkins who represents Duncan anticipates this unusual case to set a legal precedence.
Duncan was originally charged in connection with 9 gang shootings dating back to April 2013. The charges were brought under a new statute allowing prosecutors to charge known gang members if they gained benefit from the criminal actions of other gang members. The new conspiracy law is similar to the Federal racketeering laws used in days past to prosecute mafia members.
Under the new law, three criteria must be met by prosecutors to successfully charge individuals with conspiracy: 1) the individual must be an active gang member, 2) the individual must have actual knowledge of the gang’s criminal activity and 3) the individual has benefited from said illegal gang activity. This benefit can be in the form of money or respect.
In a statement given from county jail, Mr. Duncan said, “I'm just painting a picture of a story, that's it.” He went on to say, "I'm not telling anybody 'hey go commit this crime.'"
The Judge on Monday stated that prosecutors had successfully proven that the defendant had an active gang affiliation and that knowledge of gang activity was present, however the prosecutors were unable to prove the defendant gained either financially or otherwise from his affiliation.
San Diego criminal defense attorney Brian Watkins who defended Mr. Duncan said, “It’s been a terrible situation that has lasted over a half a year now. His spirits are up now though.”
Mr. Duncan's next court date is set for this Friday where he will learn more about his fate as it relates to the case and potentially be set free.
About Brian E. Watkins & Associates
Brian E. Watkins & Associates provide experienced and aggressive representation in criminal and civil matters in State and Federal Courts defending clients in a wide variety of cases including: possession and/or sales of drugs, DUI/DWI, hit and run, domestic violence, weapons charges, assault, battery, theft, burglary, vandalism, embezzlement, fraud, probation violations, expungements, early termination of probation, automobile accidents, motorcycle accidents, slip and fall accidents, wrongful death, personal injury, dog bites, civil harassment claims, restraining orders, and representation before administrative hearings. Brian Watkins tried the biggest civil rights case in San Diego County and several case results have been acknowledged through national and local media.
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