“Among the 15 suspected San Diego street-gang members charged in a string of shootings is Brandon Duncan, an aspiring rap singer,” latimes.com reports. “Duncan, 33, who raps under the name Tiny Doo, is not accused of providing the guns or being present at the nine shootings that terrorized a neighborhood where the Lincoln Park gang has long used violence to protect its turf. Instead, prosecutors are going after Duncan over something else: His latest album.” The move by the newly formed Gun Violence Prevention Social Intervention Unit is part of the LAPD’s recent campaign to promote gun safety at the street level. “The First Amendment doesn’t protect incitement to violence,” Lt. Obfusco told the Times. “Neither does it protect gang bangers spreading their message of criminality.” Just kidding. Or predicting. Either way, here’s the real deal . . .
Prosecutors say that [the album] 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.
Well he would say that, wouldn’t he? Anyway, while I’m not student of the genre, you may recall that this is not the first time the LAPD got their knickers in a twist about rap artists encouraging violence. Back in August they had a cow when “Cebo the Rapper” responded to police gunning down one Ezell Ford with a video entitled Fuck Tha Police.
In case you don’t have the time or willpower to watch, Cebo calls the cops “KKK in the flesh” and calls them “the enemy.” Does he call for their execution? He does not. Would that have been legally actionable? Probably. But until Cebo of Tiny Doo do dat, do dat, do dat; I don’t see a problem here. Save over-zealous police and prosecutors who seemed to have forgotten their oath to uphold the United States Constitution, who consider themselves a law unto themselves.
“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.
The district attorney’s office declined comment on the case.
But in court, Deputy Dist. Atty. Anthony Campagna noted of the case against Duncan, “We’re not just talking about an album of anything, of love songs.” The cover shows a revolver with bullets, Campagna told the judge.
Trial is set to begin Dec. 4. Duncan remains in jail in lieu of $1-million bail. If convicted, he could face a sentence of 25 years to life in prison, Watkins said.
It’s no surprise that the city that spits on the Second Amendment pisses on the First. Put that to music.
“The First Amendment doesn’t protect your freedom of expression,” said Lt Obfuscation. “Nor does the Second Amendment help protect the First.”
FIFY
Isn’t the entire point of the 1st to incite violence? Well, metaphorically speaking. Fight the Brits, kick the Whigs out, free the slaves, remember the Main, universal suffrage. Its the 1st amendment to lets those in power know they probably messed up, and there is an implied idea that they will take their complaints up the chain…
I think that his rap album is total garbage. I would never let my kids listen to this filth and any parent who does is being totally irresponsible. But it is protected by the First Amendment and the judge who ignored the Constitution and case law is unfit to be sitting on the bench. This case only proves once again that those who hate the Second Amendment also despise other constitutional rights. Hollywood, you better take note because it is very plausible that directors, producers, actors and actresses could be prosecuted based on this standard.
Well, this should be a dilemma for the PC crowd. But then, you cannot underestimate the capacity of such folks to champion mutually exclusive propositions without batting an eye.
Tiny Doo? I guess all the cool rap names have been used. A good exercise in Freewill though. Most likely is I just don’t get it and there is nothing wrong with that either. I wonder what Scooby and Scrappy have to say.
Add another member to the Ghost Busting Team of Scooby-Doo!
so the rapper’s name is essentially, Little Sh!t ????? Irony
I hear his Dad’s name is Yorkie Poo.
his dad’s name is hugh jalode.
Looks like Tiny Doo did not get approval by the Thought Police at the Ministry Of Truth and now is getting the full attention of the Ministry Of Love. So now Tiny Doo is deep in the Doo Doo.
At least they got the rounds put into the speedloader pointing the right way. That’s something.
Seriously, though … I’m not a fan of rap music. I hope this does go to trial, if for no other reason than it will cost the city a nice fat check when he sues.
While I may not agree with his lyrics, if this idea of “promoting violence” is a chargeable offense, then what’s next? Books, movies, thoughts?
While I don;lt see how this can stick, it won’t surprise me if he gets locked up as an example to all future hoodlums looking to justify their socially different thoughts in public.
Wow what a stupid malicious prosecution. Not a thug fan but I hope doo rag wins this. This is police state crap. Pussy Riot anyone?
i’ll drive the honeybadger short bus. will (what’s left of) shonen knife be there?
Ice-T, former old school rapper had a “F@@@ The Police” album in the late 80’s. Now, he’s an actor in movie and network CSI type shows.
Where’s TuPac and BIg E Smalls?
Oh wait,… They were gunned down and killed. Rapper 50 Cent is proud of his scars from being shot mutiple times. From the prophet Ice Cube, “and today I didn’t have to use my AK. I’d say it was a good day”.
Nevermind. But hey, they get style points for names.
The NWA, Tupac, and BigE also made music actually worth listening to, and I’m not even a fan of rap.
Ice-T co-wrote the song “Cop Killer” When he was part of a group called Body Count. Ice Cube was part of NWA that had the song “F*** tha Police.”
The .gov had hissy fits over both songs. Both songs protested police violence, something this crowd generally protests too. We should all abhor a government that seeks to criminalize speech they don’t like because it’s ugly.
Express yourself!
Your comment just reminded me of the CB4 movie, too funny.
anyone familiar with suicidal tendency’s “institutionalized” should listen to ice t’s bodycount remake of it. a worthy cover, funny as dogs balls.
For the record, it’s “Biggie Smalls”. “Big E” was an aircraft carrier.
Whatever you do, don’t stand in front of a mirror and say “Biggee Smalls’ 3 times.
Tom:
That’s “Fiddy Cents” , not Fifty Cents. : )
Talking about being on a razor’s edge!
What are We The People supposed to do when government infringes on our rights and government fails to correct itself after We The People have exhausted all of our peaceful, lawful means to enact change?
Does this mean it is “illegal” for We The People to discuss using force to correct government wrongs?
+1
As much as one must disagree and even hate another’s free speech, it is reckless and dangerous not to protect it.
Continuous erosion of any constitutional rights is an erosion of ALL of them.
My ‘gang’ is known as ‘Armed Intelligentsia’.
My ‘hood’ is anywhere the spirit of freedom can be found…
(And anywhere .22lr can be found in stock…)
Wow! TD should be in good company.
.
Sam Adams, Ol’ Ben Franklin, George Washington, Thomas Jefferson, Patrick Henry, and that gang of ruffians would all be in the same cell as TD if it wasn’t for 3,000 miles, 250 years, and a war won against the mightiest military in the world at the time.
.
Put that in your crack-pipe and smoke it, judge!
.
.
“SAVE BLACK BOYS”
You first, mama.
As heard. All it takes for evil to succeed is for Good Men to do nothing..
Not a huge fan of Rap. But if he goes to Jail over his music. Then yes books, movies, AND INTERNET members be Aware. ISIS group of terrorists are not as much a threat for any of Americans to be concerned over we must worry more about a Rap “Singer” and those on line an the writers, and move people. An “Johnny gun owners”. These screwballs are a part of what’s wrong imo with this country. Let T Poo off an arrest him if he does really break the law,
OBAMA comes to mind saying he would send those illegal alien criminals back. But they ALL are criminals! They came illegally! If anyone really breaks LAWS then there are consequences. But imo America has gotten away from her real laws, an we are in scary times…
Tiny Doo? Really? That’s you rap name?
I pretty sure my mother in law’s miniature Yorkie made one of those in the yard when I let her out this afternoon.
I may despise what U say but I would give my life for your right to say it.
Cheers & Tighter Groups: Eaglesnester
I guess on the plus side, if his record does not make money his lawsuits most definitely will.
I could be wrong, but doesn’t have to prove that the songs started riots or gang shootings? They are not allowed to assume they will.
“If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.”
— George Washington
really pucking smart. just give the dood all the free advertising that he will ever need to sell his album. we could be looking at the biggest selling album all year.
It’s not illegal to be in a gang. They had better have better evidence of actual conspiracy\criminality than what has been released or I suspect they will be paying out a nice settlement for chilling expression.
Plus they’re just giving him cred… not sure how this is helping anyone.
“In 2008 he was charged with pimping and pandering, although the charges were later dismissed.”
This bit bothered me.
So, you can charge someone with something, the charges get dismissed (wonder why? Where they completely unsubstantiated or was it a paperwork problem?), and SIX YEARS LATER, that you were charged can still be used to impugn your character?
Perhaps this dude is not the nicest guy in the city. Perhaps he’s a vile criminal. I sure don’t know. But I’m not going to base my assessment on his character on the assertion that just because he was ‘charged’ and ‘charges were dismissed’ that he’s a some modern day Clyde Barrow that needs to be removed from the streets so bad that he can’t sing a freaking song few people will ever listen to.
The attempts at emotional manipulation by “The State” in cases like this are rather offensive.
This won’t stand. Under various Supreme Court decisions, speech does not incite violence unless the speaker tells his audience to commit the violence at a particular target standing there at that moment. This comes from a late 1960’s case where H. Rapp Brown of the Black Panthers told a crowd at a rally to “Get a gun. Even if it’s just a BB gun with poisoned BB’s, and use it to kill a cop.” Brown’s speech was held to be protected by the 1st Amendment, because he did not encourage anyone to kill a particular person.
Does TTAG promote violence because they post articles about guns, thugs, shootings, etc? Is TTAG encouraging me to be violent by promoting the 2A? I’d like to see the clowns in CA try to arrest TTAG staff and prosecute them. I’m not sad that I grew up in Los Angeles, but I sure don’t miss it.
It may be illegal to be in what the state defines as a ‘criminal street gang’ or something in California.
If you are a ‘documented gang member’ in this state, there is a whole list of laws that may apply to you and one else. The city of LA got a ‘ permanent (as in fo-evah) gang injunction’, against the Harbor City Crips in my neighborhood. No colors, no association, no loitering of more than two people at a time, banned from city parks and on and on.
That might apply to rap albums. Its a different country here.
Oh, and a revolver… with bullets!
Freedoms of expression and assembly… may be void in CA?
Well I aint no lawyer.. but it seems that way. Ask the homeboys.
It was in all the papers 😉
These IDIOTS just gave this kid WAY more publicity than any ad campaign his label could afford! Nice going, Gun Violence Prevention Social Intervention Unit! You’re new… and going to learn the HARD WAY, apparently.
Why would LAPD have anything to do with a San Diego Gang? Or is this another shoddy news story by your website? San Diego is two hours from LA. Or does LAPD create more traffic for your website?
Someone needs a cookie and perhaps to look up joint jurisdiction task forces just to broaden that horizon a little bit.
Also…he may live in LA now, and the LAPD has information about his past gang history in SD and they are worried about it. Doesn’t make them “right” to do what they are doing, but your gripe is against TTAG on this point is pretty ridiculous.
Whatever. The point of the story flies in the stratosphere while you stand in the Marinas Trench.
If TTAG can’t the facts of this story straight, how can one blindly trust what is being reported as news on this gossip blog? Stop with the nonsense speculation that this site seems to do.
TTAG has reported the facts as they have been presented in the news, not speculation or gossip. It seems you cannot tell the difference.
TTAG is not WRITING this story from first sources, but presenting it as it has been published elsewhere. There are a BUNCH of reasons someone might be at the attention of LAPD for things done in SD.
Your gripe is a weak, transparent and pointless attempt to discredit TTAG simply for passing along a story.
marianas?
Yes; thank-you.
The Marinas trench runs down by the dock in my local river. I guess.
It’s already illegal to lie to law enforcement, but not illegal for them to lie to us. This is an extension, and another attack on all of our freedoms.
George Orwell nods with grim recognition. Holy crap, but we’re living in a bad, dystopian novel. To say this sets a very ugly precedent is an understatement. When you start thinking of others who could be prosecuted thusly, there’s almost literally no end to the list.
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