Attorneys for Gunna, born Sergio Kitchens, are making a third attempt at bond for the rapper, who is being held at Fulton County jail.
On Monday, Kitchens’ attorneys filed a motion for a bond at the Fulton County Court, claiming that prosecutors have removed references to Gunna and violent crimes from the YSL indictment. The latest bond attempt comes following two previous denials by Fulton County Superior Court Judge Ural Glanville, who denied the previous motions on the basis that the rapper posed a danger to witnesses and he is likely to threaten or intimidate witnesses if freed.
Prosecutors during the past bond hearings alleged that Gunna played a commander-type role in the alleged YSL gang, which was responsible for the murder and dozens of other offenses committed in Fulton County since 2012.
Gunna’s attorney, Steve Sadow, however, says that prosecutors have modified the YSL indictment, and there is now no reference to Gunna being involved in any violent activity.
In the bond application, the attorney said the prosecution’s opposition to bond was on the basis that the investigation was ongoing. However, the investigation is now complete, and discovery is also completed, which reveals that the previous basis of bond denial may not stand without more.
“This is the third bond motion filed by Sergio Kitchens. One might wonder what change in circumstances would support yet another hearing on bond. 1. Mr. Kitchens [Gunna] has been dropped from overt act 75,” the filing stated.
It added that no witnesses had named Gunna in any of the statements shared in the discovery process.
“Yet, the proffers recited by the prosecution have been refuted by the evidence each time. Not only has the “ongoing investigation” failed to verify a single instance in which one single person has actually made an accusation that Kitchens has threatened anybody (directly or indirectly), but the prosecution has pruned the indictment in the superseding indictment to remove virtually any reference to Kitchens’ involvement in any violence-related offense,” it said.
The motion also revealed that September 23 was the date set by the court for the prosecution to reveal all statements by gang members, none of which mentions Gunna.
In the meantime, “Overt act 75” in the YSL indictment is a May 2018 traffic stop in which Gunna and Young Thug (given name Jeffery Williams) were stopped for speeding. A car driving behind them was also stopped, and police discovered four other YSL defendants with illegal weapons, including an AK-47.
Police also stopped the vehicle behind the two, which contained four of their alleged associates armed with numerous weapons, including an AK-47.
The motion continued that “detaining Kitchens on the basis that ‘the state will file a notice [supposedly with reasons for detaining him]’ sometime in the future makes a mockery of the due process clause,” which states that “the court may not detain someone on the basis the prosecution is developing its case and will present the evidence at some future undetermined time.”
The motion added, “the prosecution has been afforded ample time to develop evidence to support its motion to detain Kitchens. It has not succeeded.”
Gunna was initially arrested on one count of conspiracy to violate the Racketeer Influenced and Corrupt Organizations, or RICO Act.
In the meantime, none of the YSL defendants has been granted bail, so it would be interesting to hear the judge’s decision on the bond application.