Orcutt rapper found not guilty of making threats in song

On March 16, a Santa Barbara County jury found Orcutt rapper Anthony Murillo not guilty of making threats in a song he posted to the internet in 2013.

Going by the moniker of Lil A, Murillo posted his song, “Moment for Life Remix,” to the website Reverbnation.com, which referenced and allegedly threatened victims for snitching on his friend Shane Villalpando, the St. Joseph High School graduate who was convicted of having unlawful sex with underage schoolmates.

The song received tens of thousands of replays and contained such lyrics as, “I’ll have your head just like a deer, … Cause you’re gonna end up dead, Cause I’m coming for your head, bitch.” The song has since been removed.

click to enlarge Orcutt rapper found not guilty of making threats in song
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MOMENT FOR LIFE: Orcutt rapper Anthony Murillo, AKA Lil A, was found not guilty on March 16 by a Santa Barbara County jury after being accused of making threats in a rap song he posted to the internet in 2013.

The victims complained to local law enforcement and Murillo was charged with two counts of intimidating or threatening a witness.

Two Santa Barbara County judges threw out the charges due to lack of evidence, according to  prosecuting attorney Jennifer Karapetian, who filed an appeal that was granted in July 2015, setting the stage for a trial.

Despite the recent verdict, Santa Barbara County District Attorney Joyce Dudley said the appellate court got it right in granting the appeal based on a potential misuse of the First Amendment.

“If he had just made those statements in and of themselves, they’d be considered threats,” Dudley told the Sun. “But because they were sung in a rap song, they were a misuse of the First Amendment and a misuse of art.”

William Makler, Murillo’s attorney, told the Sun that his client’s use of the victims’ names in the song may have been wrong, but added they were never in danger of being harmed.

“The jury stood strong for the First Amendment,” Makler said. “It didn’t amount to a criminal act.”

American Civil Liberties Union (ACLU) attorney Catherine Wagner previously told the Sun that gangster rap has provided a challenge for law enforcement officials in the realm of threatening speech since songs in the genre are rife with violent lyrics. The ACLU sided with Murillo in his amicus brief to the California appellate court.

Dudley argued that this case is different since the song was posted to the internet and Murillo used the victims’ actual names in the song.

“I definitely understand the concerns of the jury because all Americans feel strongly about their First Amendment rights,” Dudley said. “Now, because of the internet, when you’re being bullied on the internet, not only is it there 24/7, it’s there forever. You feel incredibly vulnerable because of that.”

Karapetian, who prosecuted the case, added, “We knew this was a difficult case from the beginning, but we felt that it was an important one. We appreciate the jurors for their time and attention, and thank them for working together to arrive at a verdict.”

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