Tiny Doo has been in jail for five months because prosecutors say his rap album links him to gang crimes.
Courtesy Tiny Doo
Duncan, a San Diego rapper who goes by the name Tiny Doo, released No Safety earlier this year. It's a record that has been described as "gangsta rap" by some media, but to San Diego County prosecutors it's something else: evidence that Duncan was part of a gang conspiracy to carry out a series of shootings.
Prosecutors have charged Duncan, 33, with nine felonies related to gang-related shootings in the San Diego area. The potential penalty for these charges is 25 years to life in prison.
But prosecutors don't believe Duncan actually fired a gun, or even knew that crimes were being committed. Instead, he's being charged with conspiracy because, prosecutors have argued, his music encourages gang activity. It's a case that consequently raises an array of questions about freedom of speech, artistic expression, and what exactly should count as a crime.
Brandon Duncan / Via youcaring.com
Duncan grew up in a black neighborhood in San Diego where, according to lawyer Deanne Arthur, gang activity is common. Police took down Duncan's name in 1998 — he would have been 17 years old — though he wasn't charged with a crime. At the time, Duncan was affiliated with the Lincoln Park Bloods, though Arthur said the affiliation had more to do with proximity than anything else.
"You grow up with a neighborhood where there's a Crips side and a Bloods side," Arthur said. "It was really just the neighborhood that he was in."
Duncan emerged into adulthood without a criminal record — he once faced pimping charges, Arthur said, but prosecutors ultimately dropped the case. Today he has five children, with another on the way.
The San Diego District Attorney's Office did not respond to BuzzFeed News' request for comment Thursday.