Kay Flock’s legal team has presented a newly minted argument against the government’s push for a 50-year prison sentence in his upcoming federal racketeering case. They assert that their client should not be viewed as a gang leader due to what they describe as an “intellectual disability.” This argument surfaced in a sentencing memo filed under seal, although a redacted version may soon be made available to the public.
The prosecution’s rebuttal to this claim was detailed in a recent 10-page letter, highlighting the government’s position that Flock, as a prominent figure in the Sev Side/DOA gang, played a crucial role in escalating violent rivalries that resulted in multiple incidents of violence. The prosecution emphasized that the assertion of Flock being “managed” on the street by a cooperating witness due to alleged disabilities lacks evidentiary support, stating, “There is absolutely no evidence in the record to support that claim.”
Moreover, they argued that Flock and other younger gang members had notable conflicts with the older faction of the gang, to which the cooperating witness belonged. This witness testified that the younger members were drawing attention to their activities, hindering the older members’ drug operations.
Flock’s conduct following the trial, including a provocative Instagram post stating “KILL ALL RATS,” has also been cited by prosecutors as a clear indication of his stance towards the cooperating witness.
The rapper was found guilty of several charges, including racketeering conspiracy, assault with a dangerous weapon, attempted murder in aid of racketeering, and firearm discharge offenses. His sentencing hearing is set for Tuesday, December 16, in Manhattan federal court.
In their correspondence, the government referenced several of Flock’s songs, such as “Who Really Bugging,” “DOA,” and “Is Ya Ready,” which they argue glorify real-life violent incidents involving him. The case continues to highlight a complex intersection of music, crime, and justice, raising questions about the influence of artistic expression on perceptions of behavior and accountability.