Fifteen suspected San Diego gang members are being accused of a series of shootings, but one of them not only didn’t fire a weapon, but he wasn’t even there. In fact, prosecutors are only including aspiring rapper Brandon Duncan because they believe his album cover inspired the violence.
Prosecutors say that the 33-year-old, whose stage name is Tiny Doo, fits the bill for a gang member who “willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang,” reports The Los Angeles Times. The cover in question is for his No Safety album and features the image of a loaded gun.
San Diego police say that Duncan is already a documented gang member. He was charged with pandering and pimping in 2008, although the charges were dropped.
Duncan is being charged under California’s Proposition 21. Fox News notes that the law doesn’t require a person to have direct knowledge of a crime to be charged for it. The law was pased by voters in 2000.
Brian Watkins, Duncan’s attorney, told the LA Times that the charges are “absolutely unconstitutional,” adding that, “It’s no different than Snoop Dogg or Tupac.” He suggested that prosecutors would have to go after director Brian de Palma and Al Pacino next, because many gang members like Scarface.
Watkins insisted that his client’s music doesn’t promote violence. He explained that prosecutors also have photos of Duncan with other defendants in the case because he grew up in San Diego with gang members around.
While the district attorney didn’t comment, Deputy D.A. Anthony Campagna reportedly said in court, “We’re not just talking about an album of anything, of love songs.”
The trial begins on Dec. 4 and Duncan is being held in jail on $1 million bail. If he’s convicted, he could be sentenced to 25 years to life in prison.