Kay Flock faces the possibility of life in prison as federal prosecutors move to use his lyrics as evidence of murder and gang activity.
Government attorneys have filed motions to introduce the Bronx drill rapper’s music videos and lyrics in court, arguing they serve as confessions to real crimes. The 21-year-old artist, born Kevin Perez, is charged with racketeering conspiracy and murder in aid of racketeering. Authorities claim he is a key figure in the Bronx-based Sev Side/DOA gang.
Prosecutors allege Perez played a central role in the December 2021 shooting of Hwascar “OY Wasca” Hernandez. They argue his lyrics are not artistic expression but detailed accounts of actual violence.
“The limited number of rap videos the government seeks to admit directly relate to the charged racketeering enterprise and specific predicate acts in the indictment,” stated Acting U.S. Attorney Matthew Podolsky. “In those videos, Perez describes his involvement in specific acts of violence.”
His defense team strongly opposes the move, calling it an unfair attack on Hip-Hop artists, especially Black and Latino rappers. They argue that drill music blends reality with exaggeration and should not be taken literally in court. Prosecutors, however, point to Who Really Bugging as evidence, claiming its lyrics reference a shooting carried out with alleged gang members.
Kay Flock was first arrested in December 2021 on a first-degree murder charge for Hernandez’s death. His lawyer argues the shooting was self-defense. In February 2023, federal authorities escalated the case, indicting him and seven others for their alleged roles in at least seven Bronx shootings between June 2020 and February 2022.
If convicted, Kay Flock faces a mandatory life sentence. His case fuels the growing debate over whether rap lyrics should be admissible in court. Advocacy groups argue prosecutors disproportionately target Hip-Hop artists while ignoring the genre’s fictional nature.
Legal experts also highlight the double standard, noting that film, literature, and television rarely face the same scrutiny.
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