Rap music and the criminal justice system are in the headlines together once again, as Bronx drill rapper Kay Flock faces scrutiny over his lyrical content. Federal prosecutors are fighting to use his lyrics as evidence at his upcoming trial, contending that his music is more than just storytelling but a confession.
Kay Flock, who was born Kevin Perez, is charged in federal court with racketeering conspiracy, which includes murder in aid of racketeering. The 21-year-old faces life in prison if he is convicted; they say he was pivotal to a December 2021 shooting that left Hwascar "OY Wasca" Hernandez dead and also suggest that the lyrics he wrote for his drill rap provide damning evidence that he took part in gang-related violence.
Prosecutors have submitted court filings arguing that Kay Flock's music videos and lyrics should be allowed as evidence because they are not artistic expressions but bald admissions of guilt. "The limited number of rap videos the Government seeks to admit directly relate to the charged racketeering enterprise and to specific crimes," Acting U.S. Attorney Matthew Podolsky said in a statement.
"A key piece of evidence?" The song Who Bugging, prosecutors say, has lyrics referencing a shooting that Flock and his gang associates allegedly perpetrated. Others show him throwing up gang signs, taunting rivals, and allegedly describing violent acts.
This argument hinges on the premise that the currency of life in drill rap is real-world violence, with the lyrics as a brand manager. Podolsky even goes so far as to say that "the perpetration of a shooting makes the subsequent rap song about that very shooting more 'authentic,'" creating an unbreakable cycle of tit-for-tat violence.
Kay Flock's defense team, on the other hand, says this is a dangerous precedent that unfairly targets Hip-Hop artists, predominantly Black and Latino rappers. They argue that drill music, like any other form of art, is intended to offer a reflection of gritty realities, not to confess to crimes.
"Rap music has always been a form of expression, a way for artists to share stories of the environment, struggles, and experiences they have encountered," his lawyers write. It is likened to violent movies, crime novels, and gangster films, among many other things, none made into direct evidence against their authors.
This is not the first time rap lyrics have been used as legal ammunition. Advocacy groups have long noted that law enforcement authorities disproportionately target hip-hop artists while most other creative fields go largely unchecked. A Hollywood screenwriter can crank out a film about murder without risk of prosecution, but when a drill rapper drops a line about gunplay, it's suddenly Exhibit.
He had been arrested previously, in December 2021, on a first-degree murder charge; his lawyer cited self-defense. The case escalated on Feb. 23, 2023, when he was federally indicted with seven alleged gang members, charged with participating in seven Bronx shootings between 2020 and 2022.
As his case plays out, the debate continues: Do rap lyrics belong in evidence in the courtroom, or does this open the door to a dangerous perception that threatens artistic freedom? Whatever happens, this case could ultimately set precedents, not just for Kay Flock but for the entirety of the hip-hop community.
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