Kay Flock could spend the rest of his life behind bars if federal prosecutors get their way, arguing that the Bronx drill rapper’s lyrics serve as a confession to murder and gang activity.
Government attorneys submitted court filings aiming to introduce Kay Flock’s music videos and lyrics as evidence in his upcoming trial.
The 21-year-old rapper, whose real name is Kevin Perez, faces federal RICO charges, including racketeering conspiracy and murder in aid of racketeering, after prosecutors linked him to the Bronx-based Sev Side/DOA gang.
Authorities allege he played a central role in a December 16, 2021, shooting that left Hwascar “OY Wasca” Hernandez dead, and they insist his drill rap lyrics aren’t just art but boast of real-life crimes.
“The limited number of rap videos the Government seeks to admit directly relate to the charged racketeering enterprise and to specific crimes or predicate acts charged in the Indictment—indeed, in those videos, Perez describes his involvement in specific acts of violence,” explained Acting United States Attorney, Matthew Podolsky.
Kay Flock’s defense team argues that using rap lyrics as criminal evidence is a dangerous precedent—one they say unfairly targets Hip-Hop artists, particularly Black and Latino rappers.
His lawyers insist that drill music, with its gritty storytelling, often blurs the line between reality and artistic exaggeration.
His songs, they say, are no different than violent films or crime novels, never meant to be taken as autobiographical.
Prosecutors, however, claim that in the drill rap world, rappers enhance their street credibility by recounting actual acts of violence, sparking a cycle of retaliation.
“Committing a shooting makes a subsequent rap song about that very shooting more ‘authentic,’ and thereby raises the status of the rapper,” Podolsky added. “The boasting feeds a cycle of back-and-forth violence.”
Authorities say music videos posted on YouTube and social media show Kay Flock flashing gang hand signs, taunting rivals, and describing shootings tied to his alleged gang’s operations.
One video in particular, “Who Really Bugging,” is cited as evidence, with lyrics prosecutors claim directly reference a shooting carried out alongside fellow gang members.
Kay Flock was first arrested in December 2021 on a first-degree murder charge connected to the fatal shooting of Hernandez. His lawyer maintains the incident was an act of self-defense.
The charges against him escalated on February 23, 2023, when he was federally indicted along with seven other alleged gang members, accused of participating in at least seven Bronx shootings from June 2020 to February 2022.
If convicted, Kay Flock faces a mandatory life sentence. His case joins a growing legal battle over whether rap lyrics should be admissible in court.
Advocacy groups argue that prosecutors frequently weaponize Hip-Hop lyrics against artists while disregarding the fictional nature of the genre.
Legal experts also point out that other creative industries—like film, literature, and television—are rarely scrutinized in the same way.
