Kay Flock’s legal team is presenting a new argument ahead of his federal racketeering sentencing — claiming the rapper couldn’t have been a gang leader because he has an “intellectual disability.”
The claim was included in Flock’s sealed sentencing submission, though a redacted version is expected to be released soon. Its existence became public after prosecutors issued a 10-page rebuttal to the defense’s arguments.
Prosecutors argue Flock led the younger generation of the Sev Side/DOA gang and fueled rivalries that escalated into multiple violent acts.
In their letter filed Friday (Dec. 12), the government wrote: “the defense argues that [Kay Flock] could not have been the leader because he was ‘managed’ on the street by CW-1 [an unnamed cooperating witness] due to the defendant’s purported intellectual disability.”
“There is absolutely no evidence in the record to support that claim,” prosecutors countered.
They also pointed out that Flock and the gang’s younger members often clashed with the older generation — including CW-1. The witness testified in court that the younger crew was “making the block hot, causing attention and bringing police when [the older generation] was trying to sell drugs.”
Prosecutors further noted that after the trial verdict, Flock posted “KILL ALL RATS” on Instagram — which they called “an unmistakable shot” at CW-1.
Flock is set to be sentenced Tuesday (Dec. 16) in Manhattan federal court. He was convicted of racketeering conspiracy, assault with a dangerous weapon, attempted murder in aid of racketeering, and a firearm discharge offense.
The government’s letter also referenced several of Flock’s songs — including “Who Really Bugging,” “DOA,” and “Is Ya Ready” — saying they glorified violent incidents he was allegedly involved in.
