The Santa Barbara County District Attorney’s Office is back at it against Orcutt rapper Anthony Ray Murillo, accused of threatening two sexual assault victims in a song posted on his Reverbnation page. Superior Court Judge Rick Brown upheld a ruling that the song was protected speech in 2014.
After a successful appeal, that decision was reversed, and the District Attorney is reinstating charges.
In their reversal, a panel of three judges with California’s Second Appellate District ruled “a reasonable listener could have understood ‘Moment for Life Remix’ to constitute a true threat to Jane Does 1 and 2.”
“Moment for Life Remix” is dedicated to Murillo’s friend and St. Joseph classmate Shane Villalpando. Villalpando was accused of raping two female classmates from St. Joseph in 2012 and convicted on four counts of unlawful sex with a minor in June of 2013. He was sentenced to a year in county jail and five years of probation.
In September of 2013, Murillo posted ‘Moment for Life Remix’ on his Reverbnation page. He linked to the song in posts on his Facebook page, saying the song was dedicated to his “homie Shane.” The song referred to Jane Doe 1 and 2 by their first and last names.
Murillo rapped that “these bitches caught him slipping / then they fucking snitching,” that he was “hunting down all these snitches,” and “cuz your gonna to end up dead / you’re going to be laying on that bed / cuz I’m coming for your head bitch.” His public Reverbnation account included a picture of him carrying what appeared to be a shotgun.
A criminal complaint was filed against Murillo in October 2013. In March 2014, Superior Court Judge Patricia Kelly dismissed the charges, saying that the lyrics fell short of a true threat. Judge Brown ruled the song was protected speech after Judge Kelly’s decision was appealed.
Murillo’s Attorney David Andreasen told the Sun that they have not yet decided whether to appeal the reversal to California’s Supreme Court. He has until Aug. 31 to do so.
