Lihue, HI -- A freestyle rapper, who has already spent two weeks in jail for his freedom of speech, is now facing more jail time as prosecutors push for a stricter punishment.
Kainoa Silva, 28, allegedly sang the words, "I will kill you," during a freestyle rap in August of last year. Although he said these words were out of love and he said them while singing a song, he was charged with making a second-degree terroristic threat.
On Monday, this Lihue rapper became worn to the point of defeat and reached a plea deal with prosecutors. Silva pleaded no contest to the charges stating, “I just want to get on with my life, this has been on my mind for a long time.”
According to the Garden Island,
The incident occurred at Kalapaki Beach on Aug. 14, and Silva was arrested the same day. Silva wasn’t participating in any public event but is a freestyle rapper, who was rapping lyrics at the public park, according to court-appointed defense attorney Margaret Hanson. Silva wasn’t even aware the complainant was present, she added.
While rapping a song, he sang the words, ‘I will kill you,’ and he says it was out of love,” Hanson said.
Silva added in court that the two had a history. He said the female complainant had harassed him in the past.
County Deputy Prosecuting Attorney Teresa Tumbaga said the state is seeking probation, along with an additional 21 days in jail and a substance abuse and mental health evaluation. They are also forcing him to write an apology letter to the supposed victim.
Hanson asked for a year probation for Silva and requested that the time he's already served reflect as a credit on the possible new sentence. She also noted that Silva had already completed the evaluations on his own initiative.
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Artistic expression during a freestyle rap song and making a terroristic threat are two entirely different issues. Prosecutors pursuing such flagrant claims speaks volumes to the current state of affairs in police state USA.
What is also important to point out is the fact that mainstream rappers, such as Eminem, have made millions selling this exact same line, "I will kill you."
On track two off of The Marshall Mathers LP, Eminem mentions killing another person 7 times. Where are his 21-day jail sentence and year-long probation?
In Kill You, Eminem even goes so far as to tell the listener that he's not kidding; he's actually talking about killing someone:
These mothafuckas are thinking I'm playing
Thinking I'm saying the shit cause I'm thinking it just to be saying it
Put your hands down, bitch, I ain't gon' shoot you
I'ma pull you to this bullet and put it through you
Shut up, slut, you're causing too much chaos
Just bend over and take it like a slut, okay, Ma?
"Oh, now he's raping his own mother
Abusing a whore, snorting coke
And we gave him the Rolling Stone cover?"
You're goddamn right bitch, and now it's too late
I'm triple platinum and tragedies happened in two states
I invented violence, you vile venomous volatile bitches
Vain Vicodin, vrin vrin vrin!
Texas Chainsaw, left his brains all
Dangling from his neck, while his head barely hangs on
Blood, guts, guns, cuts, knives, lives, wives, nuns, sluts
Bitch, I'mma kill you
No jail time.
Do not mistake this as a call for Eminem to be punished for writing this song. That would be silly, as famous rappers deserve their freedom of speech too. However, it is a crucial facet that needs to be pointed out to show the ridiculousness of locking Silva in a cage for his far less "threatening" lyrics.
The punishing of speech that is perceived to be threatening, especially speech that's delivered in an artistic manner, is a slippery slope into removal of free speech altogether.
Even the most putrid and hate-filled speech should never be infringed. If history has shown us anything, it is that when the state is given an inch, they take a mile. Sadly there are already plenty of Americans lining up en masse to give away their proverbial inch.....don't be one of them.