Paroled rapper jailed for album's lyrics
By The Associated Press,
freedomforum.org staff
03.04.98
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SACRAMENTO, Calif. — Upon his parole from prison last year, rapper and convicted felon Shawn Thomas agreed to an order that he do nothing to promote a gang lifestyle.
Now Thomas is back in jail, allegedly violating the condition by recording Til My Casket Drops, an album released March 3 that encourages the killing of police and other law enforcement officials.
"When they try to pull you over, shoot 'em in the face, y'all," Thomas raps in the song "Deadly Game."
Thomas, who records under the name C-BO, was arrested at his Sacramento home without incident, state Department of Corrections spokesman Tip Kendall said.
He was taken to the Sacramento County Jail, where he must remain without bail until the state Board of Prison Terms decides whether he violated his parole. Punishment could range from an admonishment to a year in jail.
In addition, the Sacramento County District Attorney's office will review whether to file criminal charges, Kendall said.
Thomas' attorney, John Duree, called the arrest illegal and said the rapper should not be punished for exercising his free speech rights.
"It seems clear that this is constitutionally protected speech," said Duree, who plans to challenge the arrest in court. "This is the kind of fear that has always motivated censorship."
Duree told free! that federal courts have ruled against attempts to stifle speech by parole authorities. "This is clearly in our favor," he said. "C-BO has stated 'This is my music. This is what I feel. This is the expression my experiences have created.' He claims the right of freedom to express himself and he deserves it."
"I don't know what their thinking is," Duree said. "C-BO did not associate with any criminals or any gang members; he recorded a song. I assume that the parole authorities have such a disrespect for C-BO's audience that somehow they think that they will listen to his music and go out and commit crimes."
But authorities claim Thomas' criminal past excludes him from protection under the First Amendment.
Kendall said the album's lyrics include threats to the Sacramento County district attorney, the sheriff, a police officer and a county probation officer. One song mentions Gov. Pete Wilson and his support of California's "three strikes" law, although Kendall said officials concluded the reference to the governor was not a threat.
"You're talking about a convicted felon who was just released from prison and now he's engaged in wholesale promotion of the gang lifestyle," Kendall told The Associated Press. "The department looked at this as a very serious violation of his parole."
But the rapper's attorney said: "We have in the state of California a system of Corrections that is somewhat out of control. They've grown and gained power in recent years, and they sort of believe that they are immune to any restrictions.
Thomas was convicted of illegal use of a firearm for a 1994 shooting that led to the death of one man during a confrontation with rival gang members. He was paroled in 1996 after serving 15 months in prison.
He was arrested in Cincinnati on parole violations involving marijuana and firearms. He was paroled again last summer, this time with the specific condition that he do nothing to promote the gang lifestyle, Kendall said.
Thomas was charged March 3 with threatening public officials, promoting violence against public officials, promoting a gang lifestyle, criminal behavior and violence against law enforcement.
Duree is preparing a lawsuit to challenge the application of the parole condition.
