Drill rapper Kay Flock couldn’t be gang boss because of ‘intellectual disability’: attorneys
Kay Flock, the drill rapper who’s been a polarizing figure in the Bronx, had his court case heard with an unusual defense. His attorneys argued that the 22‑year‑old “PSA” artist—real name Kevin Perez—should receive a lighter sentence because he has an “intellectual disability.” That claim was presented to a Manhattan federal judge as part of the plea for a reduction in his punishment.
Flock’s case was marked by the federal government’s insistence that he was the driver of the violence that erupted in the area. Prosecutors presented evidence that the alleged “star witness,” another member of the Sev Side/DOA crew, admitted that he was controlled by Flock because of that alleged disability.
The government dismissed the argument as a “transparent attempt to deflect responsibility,” insisting that Flock had been the one to orchestrate the criminal activity.
The federal prosecutors urged Judge Lewis Liman to impose a sentence of 50 years on Flock. They cited his role in a series of gang‑driven shootings that took place between 2020 and 2022, including a particularly brutal attack in Upper Manhattan that killed 24‑year‑old Hwascar Hernandez.
Prosecutors described the short span—less than a year—of the “campaign of violence” as a deepening of existing feuds and the creation of new ones, noting that dozens of people were shot, injured, or killed as a result.
A jury found Flock guilty in March on racketeering conspiracy charges and a number of violent weapons offenses. He was, however, cleared of the murder indictment in the Hernandez case after his lawyers argued that the December 16, 2021, shooting outside a Hamilton Heights barbershop was an act of self‑defense.
The verdict won Flock a moment of triumph, which he celebrated on Instagram. In the post, he bragged that he had “beat the top count” and claimed that the judge was moved to tears over him, writing, “He said now he not force to give me life.” Flock wrapped his message with a defiant “Never fold, never will.”
The same social‑media post drew fire from prosecutors, who took offense at Flock’s “KILL ALL RATS” message, calling it a blatant threat that was not meant for their witness. When the DOJ asked the judge to consider a 50‑year sentence, they also noted that Flock had not shown any significant change in character or behavior.
The defense team did not respond to a request for comment on Tuesday, though they did file a letter to the judge recommending a milder sentence. That document, however, remained sealed and was not made public.
In the end, the judge had to weigh the alleged disability against the weight of Flock’s crimes. The federal case was a stark reminder that the courts are not always swayed by legal strategy when the stakes are high—and that, for defendants involved in violent gang activity, penalties can extend well into decades behind bars.
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