Lil Durk’s Music Can Be Used as Evidence in Upcoming Murder-for-Hire Trial

A federal judge has ruled that prosecutors can use rapper Lil Durk's music video and lyrics for his single "Pissed Me Off" as evidence in his upcoming murder-for-hire trial, handing the government a key pretrial victory just days before jury selection begins in Los Angeles.

U.S. District Judge Michael Fitzgerald issued the ruling during a hearing Thursday, siding with prosecutors over objections from attorneys for the rapper, whose legal name is Durk Banks. The government argues the song is relevant to Banks's alleged motive and intent following the death of his close friend and fellow artist Dayvon "King Von" Bennett.

Prosecutors allege Banks held rapper Quando Rondo, whose legal name is Tyquian Terrel Bowman, responsible for Bennett's death and arranged a retaliatory hit targeting him. The alleged plot culminated in an August 2022 shooting outside a gas station near the Beverly Center in Los Angeles.

Bowman survived, but Saviay'a "Lul Pab" Robinson, who was riding with him, was killed after at least 18 rounds were fired from multiple weapons, including a machine gun, according to authorities. Banks, 33, has pleaded not guilty to conspiracy to commit murder for hire and denies paying the gunmen accused of carrying out the attack.

Released in 2021 and later included on Banks's album 7220, "Pissed Me Off" contains lyrics prosecutors argue are relevant to his alleged intent and willingness to finance retaliatory violence. Government attorneys have pointed to references involving money for a gun, a getaway car, and bond as evidence they say supports their theory of the case.

Defense attorney Marissa Goldberg argued Thursday that prosecutors were misreading the song and risked creating unfair prejudice and confusion among jurors. She said the track is primarily a tribute to Banks's late older brother, Dontay "DThang" Banks Jr., whose death is referenced at the beginning of the song.

Goldberg also tied her objection to Fitzgerald's earlier decision to separate newly filed racketeering charges involving a 2022 killing in Chicago into a later trial. Those allegations concern alleged retaliation for Banks's brother, and the defense argued that admitting "Pissed Me Off" in the current case could indirectly introduce themes connected to charges the judge had already severed.

Prosecutors told Fitzgerald they plan to present the video through a cooperating witness connected to the Los Angeles shooting who was present when it was filmed. The witness is expected to testify about his interpretation of the lyrics and imagery.

Fitzgerald ultimately allowed the material to be introduced. He acknowledged the defense's position that the song memorializes several people Banks had lost, including his brother, but said the defense would have an opportunity to challenge the government's interpretation through cross-examination. The judge also said he would consider a limiting instruction if Banks's attorneys proposed one.

Federal judges generally may admit evidence that is relevant to issues the jury must decide, but Rule 403 of the Federal Rules of Evidence allows them to exclude material when its value is substantially outweighed by the danger of unfair prejudice or confusion. The dispute over "Pissed Me Off" centered in part on that balance, with prosecutors arguing the song helps establish motive and intent while the defense warned jurors could attach improper meaning to Banks's music.

Fitzgerald has not treated all of Banks's lyrics the same way. In February, he barred prosecutors from introducing lines from "Hanging With Wolves" that the government argued showed consciousness of guilt and an intent to flee around the time of Banks's arrest. The judge found that evidence amounted largely to character-based speculation.

Lyrics from another track, "Who Want Smoke??," were separately ruled admissible.

In another decision Thursday, Fitzgerald said attorneys on both sides may have access to the names of prospective jurors during jury selection but cannot share that information with their clients, including Banks.

Jury selection is scheduled to begin Aug. 20, with opening statements potentially starting the following day.