` Judge Crushes Rapper’s Disability Defense—Kay Flock Sentenced To 30 Years For ‘Culture Of Violence’ - Ruckus Factory

Judge Crushes Rapper’s Disability Defense—Kay Flock Sentenced To 30 Years For ‘Culture Of Violence’

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Bronx drill rapper Kevin Perez, known as Kay Flock, received a 30-year federal prison sentence on December 16, 2025, following his conviction on racketeering and attempted murder charges.

U.S. District Judge Lewis J. Liman rejected defense arguments claiming intellectual disability prevented Perez from leading his gang, citing evidence of the 22-year-old’s successful music career.

Gang Leadership and Violent Crime Spree

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Prosecutors established that Perez led “Sev Side/DOA” (Dumping on Anything), a Bronx gang based on East 187th Street. Between June 2020 and November 2021, Perez orchestrated multiple shootings targeting rival gang members and bystanders.

The violence spanned 18 months, leaving numerous victims across the Bronx while Perez simultaneously built his music career.

March 2025 Jury Conviction

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Following a two-week trial in March 2025, a federal jury convicted Perez of racketeering conspiracy, attempted murder and assault with a deadly weapon in aid of racketeering, and firearm discharge offenses.

However, jurors acquitted him of murder charges related to the December 2021 shooting death of Hwascar Hernandez, accepting defense claims of self-defense.

The Intellectual Disability Defense Strategy

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Defense attorney Michael Ashley requested the mandatory minimum 10-year sentence, arguing Perez suffered from intellectual disability that prevented him from functioning as a gang leader. The defense claimed cognitive limitations affected his decision-making and comprehension abilities.

Ashley suggested a fellow gang member actually “managed” Perez rather than the reverse.

Judge Rejects Cognitive Impairment Claims

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Judge Liman expressed deep skepticism about the intellectual disability defense, pointing to Perez’s documented achievements in the competitive music industry.

The judge noted Perez’s ability to negotiate contracts, produce content, and build a substantial audience demonstrated cognitive abilities inconsistent with claimed limitations. Prosecutors called the defense strategy a “transparent attempt to evade accountability”.

Billboard Recognition and Music Success

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Kay Flock officialkayflocka – Facebook

In November 2021, Billboard Magazine named Perez R&B/Hip-Hop Rookie of the Month following his debut album “The D.O.A. Tape.” His single “Shake It” featuring Cardi B and Dougie B generated significant attention after its April 2022 release.

Several songs accumulated millions of views on social media platforms, contradicting defense claims about his mental capacity.

Pattern of Celebrated Violence

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Prosecutors documented how Perez released music videos celebrating shootings within days of committing them. On June 26, 2020, a gang rival was shot in the jaw while other victims were struck.

Days later, Perez and associates released a music video bragging about the attack, establishing a pattern of weaponizing artistic content.

Federal Racketeering Charges Detailed

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The gang allegedly supported itself through bank and wire fraud schemes, funding Perez’s music career. Prosecutors argued he strategically used violence to advance professionally, releasing songs that glorified crimes, threatened future attacks, and taunted murdered rivals.

This fusion of criminal activity and artistic expression became central to the prosecution’s case.

Prosecution Sought 50-Year Sentence

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Assistant U.S. Attorney Patrick R. Moroney requested a 50-year sentence, matching the Probation Department’s recommendation. Prosecutors emphasized Perez’s skill at “celebrating his violence and getting under the skin of his rivals.”

U.S. Attorney Jay Clayton stated Perez “used violence and fame to fuel fear and intimidation across the Bronx”.

Post-Verdict Social Media Celebration

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Following his March 2025 conviction, Perez undermined any claims of remorse through social media posts. He celebrated on Instagram: “I beat the top count” and “I made the judge cry.”

Most concerning, Perez posted “KILL ALL RATS” in capital letters, which prosecutors interpreted as threatening the federal witness who testified against him.

Judge Cites Lack of Genuine Remorse

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Judge Liman specifically referenced Perez’s post-verdict behavior during sentencing, noting he “bragged on social media that he was exonerated on the top count and wrote ‘KILL ALL RATS.'”

The judge emphasized that Perez showed “no real remorse for your conduct” and failed to express concern for victims throughout proceedings.

Courtroom Statement of Transformation

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At sentencing, Perez appeared in a gray suit with handcuffs and shackles, attempting to demonstrate change. He told the court, “What I was at 18 is not what I am today.

This period has made me wiser.” Perez explained he began supporting his family financially at age 12, stating, “I was just a kid”.

Religious Conversion Claims

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Perez claimed to have found faith during incarceration, telling Judge Liman, “I believe I needed to traverse through darkness to discover the light.”

He characterized his younger self as misguided and lacking better judgment. However, prosecutors argued “the evidence indicates that the defendant has not genuinely transformed,” citing his threatening social media posts.

Judge’s Scathing Rebuke

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Judge Liman delivered pointed criticism focused on Perez’s role perpetuating violence. “You taunted, you celebrated and you helped create a cycle of violence,” the judge stated.

Liman characterized the harm as “immense” and accused Perez of having “created a culture of violence” through his combined criminal and artistic activities.

Mitigating Factors Considered

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The judge acknowledged that crimes occurred while Perez’s brain was “still evolving and maturing,” recognizing neurological development continues into the mid-twenties.

Liman also noted six of Perez’s friends died from gun violence before he turned 18, providing environmental context. These factors influenced but did not override the severity determination.

Drill Rap Prosecution Controversy

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The case exemplifies contentious debates about using drill rap lyrics and videos as criminal evidence.

Prosecutors across New York increasingly cite this content as proof of gang activity, while critics argue it targets young Black and Latino artists and conflates artistic expression with criminal confession.

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Unlike cases involving ambiguous lyrics, prosecutors established clear connections between Perez’s music and specific criminal acts.

The pattern of releasing celebratory content immediately after shootings, combined with explicit references to verifiable incidents, strengthened the prosecution’s position that artistic output documented rather than merely referenced criminal conduct.

Career-Ending Sentence Imposed

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Judge Liman’s 30-year sentence represents a middle ground between the defense’s 10-year request and prosecution’s 50-year demand.

With five additional years of supervised release, Perez will be 52 upon completion if he serves the full term. The sentence effectively ends his music career at its inception.

Breaking the Cycle of Retaliation

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U.S. Attorney Jay Clayton framed the outcome as necessary to interrupt gang violence patterns. “His brazen conduct incited a cycle of retaliatory shootings that resulted in numerous fatalities and injuries in the Bronx,” Clayton stated.

Acting U.S. Attorney Matthew Podolsky emphasized that “the cycle of violence that [Perez] perpetuated has come to an end”.

Cautionary Tale for Drill Rap Artists

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Perez’s trajectory from Billboard’s Rookie of the Month to federal prisoner within months illustrates catastrophic consequences of conflating criminal violence with artistic authenticity.

The case sends a clear message that artistic success cannot shield gang leaders from accountability, serving as a stark warning about the ultimate cost of treating real violence as professional currency.

Sources:
“Rapper Kay Flock sentenced to 30 years in prison for conviction in shootings.” ABC News, December 16, 2025.
“Statement Of Acting U.S. Attorney Matthew Podolsky On Conviction Of ‘Sev Side/DOA’ Leader Kevin Perez.” U.S. Department of Justice, March 19, 2025.
“Drill rapper Kay Flock sentenced to 30 years for gang shootings, couldn’t be gang boss because of intellectual disability, attys.” New York Post, December 16, 2025.
“Bronx drill rapper Kay Flock sentenced to 30 years in prison.” CBS News New York, December 16, 2025.
“Kay Flock cleared on murder charge, but guilty of RICO, other charges.” New York Post, March 22, 2025.