Kay Flock’s lawyers have a new argument for why their client shouldn’t get the 50-year prison sentence the government is pushing for when he’s sentenced in his federal racketeering case in just a few days: He couldn’t have been a gang leader due to an “intellectual disability.”
The claim was made in the rapper’s sentencing submission, which was filed under seal, though a redacted version may become public soon. But the claim’s existence became public when the government offered a rebuttal to Flock’s submission in a new 10-page letter.
At the center of the case is the government’s claim that Flock was the leader of the younger generation of the Sev Side/DOA gang, and started and escalated rivalries that culminated in multiple violent incidents.
Toward the end of their letter, filed on Friday (Dec. 12), prosecutors said: “[T]he defense argues that [Kay Flock] could not have been the leader because he was ‘managed’ on the street by CW-1 [an unnamed cooperating witness in the case] due to the defendant’s purported intellectual disability.”
“There is absolutely no evidence in the record to support that claim,” the letter continued.
In fact, prosecutors said, Flock and the younger generation of his Sev Side/DOA gang had major disagreements with the gang’s older generation, of which CW-1 was a part.
The unnamed witness testified during Kay Flock’s trial that the gang’s younger members were “making the block hot, causing attention and bringing police when [the older generation] was trying to sell drugs.”
Prosecutors also noted that, after the verdict in his trial, Flock posted “KILL ALL RATS” on Instagram, which they called “an unmistakable shot” at the unnamed witness.
Flock’s sentencing will take place on Tuesday (Dec. 16) in Manhattan federal court. He was found guilty of racketeering conspiracy, assault with a dangerous weapon and attempted murder in aid of racketeering, and a firearm discharge offense.
The government’s new letter mentioned several of the rapper’s songs, including “Who Really Bugging,” “DOA,” and “Is Ya Ready,” all of which prosecutors say glorified incidents of real-world violence in which he played a part.
