Judge denies bond again for YSL rapper Gunna on RICO charges

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YSL rapper Gunna proclaims innocence on Instagram

It was a somber birthday message from the Atlanta rapper, who is indicted on RICO Act charges. It's the first time he's responded to charges since his arrest.

A Fulton County judge has denied bond again for Gunna Thursday, leaving the Atlanta rapper likely to remain in jail until his trial early next year.

At a hearing in Fulton County Superior Court Tuesday, Judge Ural D. Glanville rejected motions by the attorneys of the rapper, whose real name is Sergio Kitchens, to be granted bond.

Kitchens was booked into a jail in Atlanta on May 11 as part of a sweeping gang indictment that also named 27 other people, including fellow Atlanta rapper Young Thug. Fulton County prosecutors allege those named in the indictment are members of the Young Slime Life (YSL) gang, which has engaged in criminal activity in the city since 2012. 

Glanville said that the bond was denied over the risk that Kitchen posed a "a significant threat or danger to any person, the community, or to any property in the community," as well as a risk "of intimidating witnesses or otherwise obstructing the administration of justice."

Prosecutors argue that Kitchens was "not just an associate" of the Young Slime Life group, saying that he was a "documented gang member" who was "one of the bosses" and was in a "command position" in the group who "direct their troops into combat."

DEFENSE ATTORNEYS CANNOT SHARE WITNESS CONTACTS WITH YSL RAPPER YOUNG THUG, JUDGE ORDERS

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Prosecutor says Gunna, Young Thug were 'followed by snipers'

A Fulton County prosecutor said Gunna, Sergio Kitchens, and Young Thug, Jeffrey Williams, are part of the "command structure" of YSL, or Young Slime Life. He said associates were arrested for following them in a car, which possessed illegal guns. He pointed to song lyrics that he says taunt law enforcement.

In a previous court hearing, the state pointed out Kitchens' four previous arrests and cited songs where he and fellow defendant Young Thug are "followed in their gang persona by snipers" with additional references to weapons and violence. 

Kitchen's trial date is set for Jan. 9, 2023.

In June, Kitchens put a statement on social media that proclaimed his innocence and said the picture that is being painted of him is "ugly and untrue."

"For now, I don’t have my freedom. But I am innocent. I am being falsely accused and will never stop fighting to clear my name!" the message says.

Glanville's decision comes a day after the judge ordered defense attorneys not to share witness contact information with their clients, citing "numerous threats to kill or harm witnesses."

READ THE FULL LIST OF THOSE INDICTED AND THE CHARGES

Earlier this week, Fulton County District Attorney’s Office filed the motion due to a "history of intimidating witnesses." Prosecutors pointed multiple examples, including a plot to murder two Atlanta police officers. Prosecutors told the judge investigators have uncovered multiple threats against witnesses that also include individual's family members.

Brian Steel, the defense attorney for Atlanta rapper Young Thug, refuted those claims, denying any intimidation has taken place.

What is the Racketeer Influenced and Corrupt Organizations (RICO) Act?

The Racketeer Influenced and Corrupt Organizations Act, or RICO, was developed to fight organized crime. It was enacted in 1970 after being signed into law by President Richard Nixon.

Federally, RICO was originally was intended to be used to combat the Mafia. It draws from a list of 27 federal crimes and eight state crimes committed repeated over the course of a 10-year period. Those crimes can include fraud, theft, computer crimes, embezzlement, credit scams, investment schemes, human trafficking, illegal gambling, bribery, kidnapping, murder, money laundering, counterfeiting, and various drug charges.

The Justice Department has used RICO to dismantle multiple crime families and weed out corruption in several city police departments. Prosecutors have also used RICO to try to dismantle several street gangs and helped in prosecuting businesses that break federal law.

Georgia’s RICO statutes are similar to the federal version , but are much broader in that the criminal "enterprise" does not have to be around as long. Georgia is one of only 33 states that has its own RICO statutes. However, in both state and federal laws, a pattern of criminal enterprise has to be established.