Here Are the Song Lyrics the Jury Will Hear in Court

As Lil Durk’s federal trial on murder-for-hire charges nears, a judge has ruled that prosecutors can introduce some lyrics that allegedly show the Chicago rapper’s motive for placing a bounty on his rival Quando Rondo.

Judge Michael W. Fitzgerald issued a key ruling on Friday (Feb. 13) establishing parameters for the upcoming April trial of the rapper (Durk Banks) and several members of his Only the Family (OTF) crew, who allegedly shot Rondo at a Los Angeles gas station in 2022. Rondo (Tyquian Bowman) was ultimately unscathed, but his friend Lul Pab (Saviay’a Robinson) was killed in the crossfire.

The decision allows prosecutors to present the jury with lyrics from two successful Lil Durk songs: his Nardo Wick collaboration “Who Want Smoke??”, which peaked at No. 5 on Billboard‘s Hot R&B/Hip-Hop Songs chart in 2021, and “Ahhh Ha,” which hit No. 4 on Hot R&B/Hip-Hop Songs in 2022.

Judge Fitzgerald ruled that both these songs contain lyrics about a key disputed question in the case: whether Durk, who was not present at the Rondo shooting, ordered the violence in retaliation for the 2020 killing of his close friend and collaborator King Von (Dayvon Bennett). Durk denies that he was involved.

In “Who Wants Smoke??”, Durk raps, “They be on my page like ‘Slide for Von’, I know they trollin’ me … Got it back in blood, y’all just don’t know that’s how it ’posed to be.”

And on “Ahhh Ha,” he raps, “Don’t respond to s–t with Von/ I’m like, ‘f–k it, you trippin’, go get your gun’/ They droppin’ locations, I’m getting’ it done/ F–k tweetin’, we slidin’, the feds are comin’.”

“The court agrees that these lyrics are relevant for the stated purpose of showing motive,” wrote the judge. “The discussion of violence in conjunction with getting revenge for ‘Von’ makes the evidence more probative than prejudicial in this instance.”

Judge Fitzgerald also determined that the jury can hear some lyrics showing the tight bond between Durk and OTF member Deeski (Deandre Wilson), who is also a defendant in the case. But he barred prosecutors from introducing other rap lyrics that merely depict OTF as violent without any real connection to the facts of the case.

The government had wanted, for example, to play part of the 2023 song “Beverly Hills,” in which Durk raps, “Before they spin, told the tints darker … Fool his ass, he think we buyin’ some cars, we hop out, scoom his ass.” Prosecutors argued these lyrics told the story of the Rondo shooting, but Judge Fitzgerald was unconvinced.

“There is no inference that the lyrics here are ‘autobiographical’ of the events involved in these charges — indeed, as Banks points out, there is virtually no evidence of the timing of when these lyrics were written or even recorded,” wrote the judge. “There is certainly a danger of unfair prejudice given the content of the lyrics — which here, explicitly reference committing acts of violence — apart from the probative value.”

This is not the first time the question of Durk’s lyrics has come up in his case. When prosecutors initially charged and arrested the rapper in 2024, they included lyrics from the song “Wonderful Wayne & Jackie Boy” in the indictment. The government claimed these lyrics described the Rondo shooting, but they ultimately deleted the reference after Durk’s lawyers pointed out that the song was written months before the incident.

The use of rap lyrics as evidence in criminal cases is controversial, with critics arguing that it threatens free speech and injects racial bias into legal proceedings. Several states have banned or limited this practice for local prosecutions. It’s still legal in federal court, though, where Durk is being tried.

A rep for the prosecution declined to comment on the matter on Tuesday (Feb. 17). Durk’s lawyer did not immediately return a request for comment.  

The rapper’s trial is scheduled to begin on April 21 in Los Angeles.