Saying he lacked jurisdiction, a San Diego judge refused on Friday to dismiss conspiracy counts against a rapper and other defendants charged under a law that allows for the prosecution of gang members if they benefit from or promote crimes committed by other gang members.
Brandon Duncan and 14 co-defendants are charged in the case involving nine local shootings starting in May 2013.
Superior Court Judge David Gill recently dismissed charges against some of the defendants, saying prosecutors didn’t present enough evidence to prove that those defendants willfully benefited from the violent crimes alleged.
Other defendants who were split into a different group — including the 32-year-old Duncan — were bound over for trial after a preliminary hearing but were hoping the judge Friday would drop the charges against them, as well.
Gill said a different judge will hear any motions to dismiss charges. Trial was set for April 20.
Duncan — also known as Tiny Doo — has been making rap music since he was 14 and has worked with such artists as Lil’ Wayne.
— City News Service