Kay Flock stood before a Manhattan federal judge Tuesday (December 16) as his attorneys argued there was no way he masterminded a violent Bronx gang due to an “intellectual disability” that allegedly left him incapable of leading the Sev Side/DOA crew.
The 22-year-old drill rapper, born Kevin Perez, appeared in court for sentencing after a March conviction on racketeering conspiracy and weapons charges and was hit with a 30-year bid.
In a sharp pivot, Flock’s legal team claimed he lacked the mental ability to control the gang, alleging another member “managed” him instead, which helped get 20 years shaved off what prosecutors were gunning for.
The defense’s argument, introduced during sentencing, sought to reduce the weight of the charges by challenging the notion that Flock was the crew’s ringleader. Federal prosecutors dismissed the claim outright, calling it a “transparent attempt to deflect responsibility.”
They insisted Flock “was the one leading the charge on the street,” pointing to his alleged role in a violent spree that left multiple victims injured or dead.
One of the most serious incidents tied to the case was the December 2021 killing of Hwascar Hernandez outside a Hamilton Heights barbershop.
While Flock was acquitted of that murder charge after his attorneys successfully argued self-defense, the government maintains he orchestrated a broader campaign of violence.
“Over the course of less than 18 months, [Kay Flock] and his fellow gang members engaged in a campaign of violence, deepening existing gang rivalries and instigating new feuds where none had previously existed. Dozens of people were shot at, injured, and even killed during this short period of time, due to the increased gang violence whipped up, in large part, by [Kay Flock],” Assistant U.S. Attorney Michael R. Herman said.
Following his partial legal win, Flock celebrated on Instagram, writing “I beat the top count” and claiming he “made the judge cry.”
Kay Flock gained notoriety in 2020 with his breakout drill track “PSA” and later collaborated with Cardi B, helping cement his place in New York’s drill movement.
But his rise in music has been overshadowed by his legal troubles.
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