With jury deliberations nearing in Lil Durk’s murder-for-hire trial, prosecutors and defense attorneys are taking opposing positions on whether Pinkerton liability should be included in the jury instructions.
In court documents obtained by Complex, Durk Banks’ attorneys — Christy O’Connor, Brian Steel, Drew Findling, and Marissa Goldberg — argued against the use of Pinkerton instructions, which can hold a defendant responsible for crimes committed by co-conspirators.
The Chicago rapper is facing trial over the August 2022 killing of Saviay’a “Lul Pab” Robinson, the cousin of Quando Rondo, who prosecutors allege was the intended target of the shooting. The incident is believed to have been retaliation for the death of Chicago rapper King Von, who was killed in Atlanta two years earlier by Timothy “Lul Timm” Leeks during a confrontation involving Rondo.
“Mere knowledge that others are planning to commit, are committing, or have committed a crime does not make Mr. Banks guilty of those crimes,” the defense team wrote. The attorneys also argued that jurors should find Durk agreed to provide payment for the crime, despite the belief that no one involved in the shooting was actually compensated.
The defense further addressed the stalking allegation, proposing jury instructions that would require proof Durk intentionally assisted in carrying out the crime. Prosecutors, meanwhile, said they did not oppose replacing the conspiracy-to-stalk charge with murder-for-hire conspiracy. However, they argued that “a reasonable juror could well conclude” the stalking and killing of Robinson were a “necessary or natural consequence of the unlawful agreement to track, stalk, and kill Tyquian Bowman.”
Durk is accused of arranging the hit with co-defendants Deandre “OTF DeDe” Wilson, David “Browneyez” Lindsey, and Asa “Boogie” Houston, whose case was separated from the others. Cooperating witnesses Kacey “OTF Jam” Hester, Kayvon “OTF Vonnie” Grant, and Keith “Flacka” Jones have testified over the past week.
Closing arguments are scheduled for Tuesday (September 6), with jury deliberations expected to begin Wednesday.
