California prosecutors contested Tory Lanez’s request for a new trial after he submitted an affidavit from his driver Jauquan Smith, a witness to the 2020 shooting of Megan Thee Stallion. Smith claimed the prosecution didn’t allow him to testify in Lanez’s 2022 trial.
Smith said he saw Megan’s former friend Kelsey Harris holding a gun during an altercation between the two. The driver acknowledged he didn’t see who shot Megan but claimed Lanez attempted to disarm Harris.
“Ms. Pete [Megan] and Ms. Harris began fighting,” Smith explained. “I pulled over to stop them. Ms. Pete and Ms. Harris both got out of the vehicle and continued to fight, both verbally and physically. I broke up this fight and was pulling Ms. Pete toward the back of the car. I saw Ms. Harris with a gun in her hand. Mr. Peterson [Lanez] ran from behind Ms. Pete and myself toward Ms. Harris. Mr. Peterson and Ms. Harris began struggling as Mr. Peterson tried to unarm Ms. Harris. I was still pulling Ms. Pete and did not see who shot the weapon. I was not harmed, and in my opinion, Ms. Pete was also fortunate. The whole incident happened so quickly.”
Smith added, “I wanted to present this evidence during Mr. Peterson’s trial but was prevented from doing so as the District Attorney was not ready to cross-examine me, and later they did not call me back due to the holidays and the court schedule. I believe I should have been allowed to present this evidence at trial.”
Lanez, who was found guilty of shooting Megan, cited Smith’s affidavit as evidence warranting a new trial. Prosecutors disputed Lanez’s arguments, noting how his former attorney refused to call Smith as a witness in court. The California Attorney General’s Office insisted Smith’s side of the story wasn’t previously unknown evidence.
“Given these circumstances, defense counsel conceded that Smith would not have been a helpful witness because of his bias and the cumulative nature of his proffered testimony,” Deputy Attorney General Michael C. Keller wrote. “Recognizing that an independent eyewitness had placed the gun in the hands of Harris prior to the shooting, defense counsel explained that it would not ‘do anything’ to have appellant’s friend say the same thing.”
Lanez was convicted of assault with a semiautomatic firearm, illegal possession of a firearm and negligent discharge of a gun for shooting the victim in 2022. A judge sentenced him to 10 years in prison in 2023.
