A San Bernadino man’s murder conviction has been overturned after a state appellate court ruled a rap music video should not have been admitted as evidence.
Travon Venable Sr. was convicted of murder connected to a 2019 drive-by shooting and sentenced to 129 years in prison. But an appeal judge ruled that a rap music video presented at trial should never have been admitted as evidence because it was prejudicial.
This is the first time a decision has used the Decriminalizing Artist Expression Act, which went into law on January 1. The law limits the use of rap lyrics and videos as evidence in trials without judicial review.
The bill, signed by Gov. Gavin Newsome in September, was championed by Meek Mill, Ty Dolla $ign, Killer Mike, E-40, Too $hort, Tyga, and YG.
During the investigation involving Venable, a YouTube video from his younger brother, who goes by “Young Trocc,” was discovered by investigators. Venable appears in the video alongside a group of alleged gang members who were flashing gang signs, money, drugs, and guns. According to court documents, Venable appears in a scene holding a rifle with an extended magazine. However, at no point does Venable say anything in the video.
Prosecutors used lyrics from the song against Venable, who claimed he was at home with his aunt when the drive-by occurred. The appeal court judges ruled that admitting the video as “evidence may have had the precise effects the Legislature sought to avoid” by creating racial bias. They ruled that the admission of the music video “did not comply with the new requirements for admission of creative expression.”
The case will likely be returned to the trial court for review, and the district attorney’s office will decide whether or not to seek a new trial against Venable.
