Prosecutors and defense attorneys are divided over how jurors should evaluate the rapper's alleged responsibility for the deadly 2022 shooting.
The federal murder-for-hire case against Lil Durk is entering its final phase, but a dispute over how jurors should evaluate the rapper's alleged connection to the 2022 shooting has become one of the last major legal battles before closing arguments.
Complex reported Monday that prosecutors and defense attorneys remain divided over the use of the Pinkerton doctrine, a legal principle that can make a member of a conspiracy responsible for certain crimes committed by another conspirator when those crimes fall within the scope of the agreement.
Durk's lawyers are urging the court to reject an instruction that could broaden the circumstances under which their client could be held responsible for the death of Saviay'a "Lul Pab" Robinson. They argue that simply knowing about criminal activity, or associating with people involved in it, isn't enough to establish guilt.
The prosecution takes a different view. Prosecutors have argued that jurors could reasonably determine that Robinson's killing was a foreseeable consequence of an alleged agreement to track, stalk and ultimately kill rapper Quando Rondo, who was the suspected target of the August 2022 attack.
The distinction could matter because Robinson was killed instead of Rondo when gunmen opened fire at a Los Angeles-area gas station. Prosecutors allege the shooting was connected to retaliation for the 2020 killing of Chicago rapper King Von. Durk has pleaded not guilty to the federal charges.
The defense has presented a substantially different account, portraying Durk as a celebrity whose former associates could have pursued the plot without his direction. Prosecutors, meanwhile, have relied heavily on cooperating witnesses who have testified about Durk's alleged involvement.
Both sides have now rested, and Durk did not take the witness stand. The court is scheduled to hear closing arguments Tuesday, Sept. 8, before the jury begins deliberations.
The case now comes down to whether prosecutors have proved the charges beyond a reasonable doubt and whether the jury accepts their account of Durk's role in the alleged conspiracy.
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