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Florida man goes to jail for 2 years for rap song with threats.

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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 01:12 AM
Original message
Florida man goes to jail for 2 years for rap song with threats.
Edited on Fri Jul-31-09 01:18 AM by madfloridian
ACLU is looking at the case, as is a lawyer from Orlando. They are concerned that some rights were violated.

Lakeland Man Goes To Prison For a Song


Picture from Lakeland Ledger

LAKELAND | Authorities say a Lakeland man who used music to vent his frustrations with law enforcement will spend two years in prison for writing a threatening rap song.

Antavio Johnson, 20, was charged with two counts of corruption by threat of a public servant after a Polk County gang detective found the song on a MySpace page belonging to Hood Certified Entertainment in February. In his song, "Kill Me a Cop," Johnson mentions two Lakeland police officers by name, according to the Sheriff's Office.

He said the ACLU may look into Johnson's case. Lawrence Walters, an Orlando lawyer who is not affiliated with Johnson's case, said he's also concerned that Johnson's rights were violated. The Web site for his law firm - Weston, Garrou, Walters & Mooney - says the firm is "dedicated to the defense of freedom and the protection of creative expression."

"I believe that these lyrics were protected by the First Amendment," Walters said.

The fact that the song was put on a public site does not mean that it was a direct threat, Walters said.


Everyone in Central Florida knows that there are tough sentences handed out in the area.

Punishments in Polk Courts often extreme.

..." 20-year prison sentence slapped on Orville Lee Wollard in Bartow a few days ago for shooting a revolver inside his house to scare his daughter's 17-year-old boyfriend with no injury to anyone. Judge Donald Jacobsen imposed sentence."

.."2 years in prison given to Lindsay Justine Kezal in Bartow for a 2006 DUI collision that killed her 4-year-old daughter. Judge Michael Raiden imposed sentence."

.."Some old-timers might remember his "Christmas Beer" fiasco in which he sentenced John Edwin Powell to 15 years in prison for smuggling eight cold Budweisers into Lakeland Community Correctional Institution on Christmas Eve in 1986. Then there was the case of Joseph Woods of Winter Haven who Durrance sentenced to six months for uttering a four-letter word within his honor's earshot. (I guess the judge doesn't go to many movies.)"

.."On Thursday, Durrance sentenced a man involved in a car crash that killed five people to five consecutive life sentences. He then lectured Juan Rodriguez, reminding him about all the things he won't get to do with his unborn son.

...'In 1984, he rendered a judgment against a witness who wasn't even a party to a lawsuit. After hearing the testimony, Durrence summarily excused the original defendant, named the witness as a defendant and entered a judgment against her for $566. The ruling was reversed by another judge.

In 1987, he sentenced an inmate in a work-release program to 15 years behind bars for bringing eight cans of beer into a corrections facility on Christmas Eve.

In 1989, he jailed his cousin. He ordered the Fort Meade man held in jail on charges of trespassing and disorderly conduct. A legal expert interviewed at the time said Durrance should have stayed out of a case involving a relative.

Many of his sentences were overturned by appellate judges. Between 1987 and 1989, the Lakeland-based 2nd District Court of Appeal issued 48 opinions on Durrance's cases, with 18 reversals. That's more than one-third of his cases -- 37.5 percent."

..."On Thursday, Durrance sentenced a man involved in a 2003 Winter Haven car crash that killed five people to five consecutive life sentences. He then lectured Juan Rodriguez, reminding him about all the things he won't get to do with his unborn son.


This sentence for writing a rap song seems almost like pre-crime, thought crime, that a crime might be done in the future. Possible future crime.

While I don't approve of threatening to kill anyone...I do get uncomfortable feelings about this one.


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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 01:29 AM
Response to Original message
1. His friend put the song online unintentionally without listening closely.
"Johnson's friend, Daniel Barajas, 27, of Auburndale, who owns Hood Certified Entertainment, said he was the one who posted the song.

Barajas said "Kill Me a Cop" was unintentionally included on a CD of some of Johnson's unpublished music that he picked up at Studio 88 in Lakeland, where he said Johnson worked.

"It was my mistake. I didn't listen to it thoroughly. I liked the beat," Barajas said."

Bet he wishes he'd listened more closely.
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bluestateguy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 01:38 AM
Response to Original message
2. This one stuck out at me
"20-year prison sentence slapped on Orville Lee Wollard in Bartow a few days ago for shooting a revolver inside his house to scare his daughter's 17-year-old boyfriend with no injury to anyone. Judge Donald Jacobsen imposed sentence."

A lot of other American fathers would have done the same thing.
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 01:57 AM
Response to Original message
3. Yet Ice-T and Body Count, NWA, and (to keep it local) 2 Live Crew
roam the streets free.

Shit, I hope that every time I say "fuck Michael Vick" I'm not up for corruption by threat of a private citizen.
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Cid_B Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 01:59 AM
Response to Original message
4. Putting the words "I am going to kill Officer So and So"
down with a jaunty tune doesnt really make a difference in my mind.
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ngant17 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 05:07 AM
Response to Reply #4
5. A person bent on killing a law enforcement officer
would probably not want to advertise his motives in a public area such as myspace.

However, to make implied death threats in public mass media against specific persons, I don't think this is wise and it doesn't matter if we're talking law enforcement persons or your average joe on the street.
He should have just confined his emotions to private parties and broadcasting his emotions on public media would tend to cross some grey lines here.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 10:32 AM
Response to Reply #5
7. Just a thought. He did not put the song online.
Apparently, according to what is said, he did not publicize it.

I am not defending threatening to kill anyone. I just wonder where we draw limits on what a person might write.

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HiFructosePronSyrup Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 10:42 AM
Response to Reply #4
12. Sounds like artistic license to me.
When Jim Morrison sang "father I'm going to kill you, mother I'm going to fuck you" I didn't take it literally.
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Fla_Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 05:44 AM
Response to Original message
6. Side note
..." 20-year prison sentence slapped on Orville Lee Wollard in Bartow a few days ago for shooting a revolver inside his house to scare his daughter's 17-year-old boyfriend with no injury to anyone. Judge Donald Jacobsen imposed sentence."



Mandates a minimum 10 year prison term for certain felonies, or attempted felonies in which the offender possesses a firearm or destructive device

Mandates a minimum 20 year prison term when the firearm is discharged

Mandates a minimum 25 years to LIFE if someone is injured or killed

http://www.dc.state.fl.us/oth/10-20-life/

Was he sentenced under this law? If so, if he had not fired the revolver, he would still be facing 10 years for possession. Dontcha just love mandatory sentencing, and zero tolerance laws? :eyes:
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 10:34 AM
Response to Reply #6
8. Wollard was in his own home, had no previous offenses.
He unwisely fired off a gun in his home.

Owning a gun is not illegal as far as I know.
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KittyWampus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 01:30 PM
Response to Reply #8
17. endangering children is.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 02:12 PM
Response to Reply #6
20. Not sure but the 10-20-Life program (called Project Exile in VA) is for prior felons. n/t
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ecstatic Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 10:37 AM
Response to Original message
9. What about Eminem's songs that threaten to kills his
ex-(current?) wife? This is ridiculous! Writing may be a way of venting and not actually committing the crimes!
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demoleft Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 11:00 AM
Response to Reply #9
15. right. was in the Eminem Show album., if i'm not wrong. n/t & rec
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jmm Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 10:38 AM
Response to Original message
10. How many Republicans have threatened Obama?
I'm patiently awaiting to see what charges the more prominent ones will face.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 10:41 AM
Response to Reply #10
11. And threats toward Obama are done openly and on air.
:shrug:
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Curtland1015 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 10:42 AM
Response to Original message
13. There is no reason this guy should be in jail. BUT...
...it was really stupid of him to say he was going to murder two people BY NAME in a song. It really wouldn't be that hard for any lawyer to make a jury believe he was directly threatening their lives. I just feel bad that it wasn't his intent to publish the thing and it got out anyways.

I could write a poem today about wanting to kill my neighbors. If that poem made it into the newspaper, you better believe the police would come knocking. I may not get arrested like this man was, but it sure as hell wouldn't escape notice.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 10:46 AM
Response to Reply #13
14. Yes, it was really stupid to threaten the police. Right wing radio always does this.
Edited on Fri Jul-31-09 10:51 AM by madfloridian
Remember when Mike Reagan issued threats on air toward Dean?

http://mediamatters.org/mmtv/200512090014

Audio at the link.

Not a thing was done.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 01:27 PM
Response to Original message
16. In today's climate of hate radio.....this topic should be ripe for discussion.
If a man in Florida can go to jail for two years for threats in a song, perhaps there are some hate radio jocks who make threats like this toward Democrats who could suffer some consequences.

It is a topic not easily dismissed.

I totally disagree with this man's threats, but I also disagree with his being sentenced for two years for them.

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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 01:37 PM
Response to Original message
18. I don't consider two years for killing your daughter too...that seems lenient...
...that one stuck out at me.

And if the guy didn't post it himself, I don't see how he can be charged.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 02:01 PM
Response to Original message
19. When he named specific officers it corssed the line into being a threat.
The fact that it is music/rap is not relevent. If the same words were in letter or paragraph form and made public it would still be a threat.

Sorry the sentence seems valid to me.
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BlooInBloo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 02:14 PM
Response to Original message
21. My problem is not this guy's sentence, but other people's NON-sentence.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 02:21 PM
Response to Reply #21
23. That is a good way to say it. I have mixed feelings.
I mean no one even blinked when Michael Reagan said Dean should be hung.

http://mediamatters.org/mmtv/200512090014

And radio hosts name names everyday on hate radio.
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Blue_Tires Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 02:16 PM
Response to Original message
22. wow... was he REALLY ignorant enough to mention people by name?
someone should have clued him in...
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 02:24 PM
Response to Reply #22
24. What is the exact law about that? I see forums saying pretty awful things
and naming names.

He should not have threatened, but what is the exact law.
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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 02:31 PM
Response to Reply #24
25. I don't knwo much about FL law, but my guess is that there is no specific law...
...as the internetS is new and they're trying to apply existing laws in this case...which I believe do not apply, because as you noted, there are lots of pretty bad posts and blogs, so unless you address the issue specifially with new legislation, you'll have a pick and choose judge deciding, and his or her biases will come into play.
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Blue_Tires Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 02:44 PM
Response to Reply #24
26. i don't know the exact law
but it probably runs very closely to "Imminent lawless action" in Brandenburg v. Ohio as it is applied
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EOTE Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 03:15 PM
Response to Original message
27. Funny I have to rec this to get it to 0 votes.
Are people that OK with police behavior like this that they think others shouldn't even be able to find out about it? 2 freaking years?!?!?!? I'd hate to see what this asshole judge would do to NWA if he had the chance.
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 04:12 PM
Response to Original message
28. If this were done uniformly around our country....some right wing hate radio
would have to mind their manners.

Trouble is, they get away with most anything.
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AspenRose Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-31-09 04:21 PM
Response to Original message
29. And Hal Turner isn't in prison?
:freak:
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madfloridian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Aug-01-09 11:36 AM
Response to Reply #29
30. Wow, I had to google that. Amazing.
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