Gunna Files Petition Asking Neighboring Georgia County to Get Him Released From Jail
UPDATE (July 20):
Gunna's co-lead counsel, Steve Sadow, has issued a statement to XXL regarding his client’s new petition to get released from jail. It reads:
"Sergio should be free on bond. We believe the judge erred by not requiring the prosecution to put up evidence at the bond hearings. We sought to ask an appellate court to review that decision, but the judge refused to let us do it. Habeas petitions are designed to secure an accused’s release from custody. We are hopeful that another judge will interpret the law correctly and grant Gunna pretrial bond."
In another legal maneuver to get their client out of jail, Gunna’s attorneys have filed a petition to ask a neighboring Georgia county to get him released from jail.
According to a Billboard report, published on Wednesday (July 20), attorneys for Gunna, born Sergio Kitchens, reportedly filed on Tuesday (July 19) a so-called petition for a writ of habeas corpus in Harris County, Ga.
According to Cornell Law School’s Legal Information Institute, a writ of habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful.
According to Billboard, Gunna's attorneys are arguing that Fulton County prosecutors have little to no evidence to support their client’s ongoing incarceration in the county.
"To allow Mr. Kitchens to be held in jail by the unsworn claims and conclusions of the state, devoid of any specific facts or supporting evidence – over objection by the defense – is to render his presumption of innocence meaningless and to discard his right to due process," Gunna’s attorneys wrote in the documents.
Habeas petitions must be filed in the jurisdiction where a prisoner is held, and for Gunna, he is currently locked up in the Henry County Jail. But this action is an opportune work around of the Fulton County Superior Court, which has repeatedly denied Gunna’s requests to be released on bond.
However, if the habeas petition is denied, Gunna has the right to spontaneously challenge the ruling—and his incarceration—to a state appeals court.
XXL has reached out to the Fulton County D.A.'s office and Harris County D.A's office for comment.
This latest news comes after a July 7 report that includes prosecutors for the Fulton County, Ga. District Attorney’s Office accusing Gunna of being a member of another criminal street gang, Shady Park Crips. The rapper was being investigated for his alleged involvement in two homicide cases.
Prosecutors also added that a nurse who attempted to smuggle a bag full of marijuana and cocaine into the Fulton County Jail on May 14, but dropped it, and ran away after deputies confronted her, was arrested. He claims that some of the drugs seized were intended for Gunna.
In a statement to XXL earlier this month, Gunna's attorney Steve Sadow said the prosecutor’s allegations are not true and he believes his client deserves to be freed until his trial date.
“Gunna deserves to be released on bond. He is innocent of the charge against him," the statement read. "Gunna does not belong to any gang; is not a danger to any person or property; has not committed acts of violence; and has not communicated, directly or indirectly, threats to intimidate or silence any potential witness. The allegation that Gunna is connected to any attempt to smuggle drugs into a jail is simply utter nonsense. Gunna will continue to fight for his freedom and to clear his name."
Both Young Thug and Gunna and 26 other members of YSL are under indictment on charges of conspiring to violate the Racketeer Influenced and Corrupt Organizations (RICO) Act, murder, armed robbery and participation in criminal street gang activity.