Nadin Abbott

March 17, 2015

(ReportingSD) San Diego, CA — All charges were dismissed by San Diego Superior Court Judge Louis R. Mahoian in the cases of Rapper Brandon Duncan, known by his stage name of “Tiny Doo,” and Aaron Harvey. At the end of the day, they were free to go.

That said, this case is not over for the other defendants, who were also charged with more serious offenses, though many of counts based on the 182.5 California Criminal Code were also dismissed.

The Prosecution built a case of conspiracy under this code that states partially that: “Notwithstanding subdivisions (a) or (b) of Section 182, any person who actively participates in any criminal street gang, as defined in subdivision (f) of Section 186.22, with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, as defined in subdivision (e) of Section 186.22, and who willfully promotes, furthers, assists, or benefits from any felonious criminal conduct by members of that gang is guilty of conspiracy to commit that felony and may be punished as specified in subdivision (a) of Section 182.”



The Prosecution repeatedly argued that all defendants had knowledge of the acts, just because they know that members of the gang engage in such acts. They also argued that they actively promised the gang in social media posts as well as, they speculated, in talk in the streets.

The prosecution further argued that they furthered the goals of the gang and assisted members, but chiefly, they directly benefited from the acts. This is a form of conspiracy, whose interpretation is new.

This is different from section 182, which is straight conspiracy and requires intent and foreknowledge, according to many of the defense lawyers. The Judge also agreed that mere association was not enough cause. He also stated that this charge “requires and actual felonious act.”

This was the test. In all counts the Judge asked for the actual substantial crime. He told the prosecution, “this requires a felonious act. You have to convict them of a substantive offense, without it you cannot charge them.” Later the Judge asked if the Prosecution had “a specific person to charge?”

The prosecution argued that they did not need that, and tried to argue that people have been prosecuted often for murders where there is nobody. The Judge did not take that argument and dismissed it.

As to the benefit argument, the prosecution argued repeatedly that this did not have to be quantifiable. It could be as simple as living in the center of a gang territory, as allegedly Harvey does. This would shield him from other gangs after a shooting.

One of the defense lawyers (not for Harvey or Duncan) made the argument that “mere membership and association is a mere step away to criminalization.” This is a point that members of the community and activists have also made in the streets during demonstrations.

It was also pointed out that under the theory used by the State, “gang members would benefit from a crime, even if they were in jail or out of state.”

The Future

After the case was over, a daylong hearing, both Harvey and Duncan spoke to the media. They were both to a point relieved that this was over. But as Harvey pointed out, he is still afraid of a police raid at 4 in the morning. Though he intends to go to school to become a lawyer.

Reporting San Diego asked if he was going to defend people? He said that no, he intended to be in the room where policies like 182.5 are hatched to stop them before they come to haunt the community. He is now dedicated to a life of activism within the community, and will come back to court as the rest of the defendants move on.

Duncan said that all this was also about the First Amendment, and his rights to produce his music. If people do not like his music, they do not have to listen to it. He also has already written a few songs about all this mess. He is also looking forward to spending time with his family. This is a great relief.

The Case Goes On

While both men that have attracted national and international media attention are now free, there are other men in this case, They are all going to trial, and while they had counts on just under this penal code dismissed when there were no crimes committed, two of them are facing charges under this section of the penal code. There were substantive crimes that were committed and could be attached. Unlike a standard conspiracy theory, where you need more than one person, and foreknowledge, under this section of the penal code, you do not.

In particular Justin Anderson and Duncan Crisp are facing charges under this particular section of the criminal code since, as per the specifications of the Court. There was an actual crime tied to it. So the rest of the men will be remanded for trial, with an initial arrangement later in the month.

One of the defense lawyers raised the issue of double jeopardy in the case against Byreese Taylor. He was acquitted of attempted murder by jury, but now this an added charge, as 182.5 was tacked to it. The judge did not see this as double jeopardy but recommended that Counsel talk about this with the trial judge.

A previous version of the story wrongly stated that Taylor was convicted, but he was cleared of the attempted murder charge by a jury.

This article and image originally appeared on ReportingSanDiego.com. Please support them via donation here.