Rising New York drill rapper Kay Flock, whose real name is Kevin Perez, was found guilty Thursday on multiple federal charges including racketeering conspiracy and use of a firearm resulting in death. The verdict comes after a 10-day trial that drew significant attention to prosecutors’ controversial use of the rapper’s music and lyrics as evidence.
The 21-year-old Bronx native was convicted on four counts: racketeering conspiracy, use of a firearm resulting in death, attempted murder and assault with a dangerous weapon in aid of racketeering, and use of a firearm for attempted murder and assault with a dangerous weapon.
However, in a notable development, jurors acquitted Perez on the charge of murder in aid of racketeering related to the 2021 killing of Hwascar Hernandez outside a Harlem barbershop, for which he had initially surrendered to authorities in December 2021.
Prosecutors Target Drill Rap Content
Acting U.S. Attorney Matthew Podolsky celebrated the conviction in a strongly worded statement following the verdict.
“Kevin Perez, a/k/a ‘Kay Flock,’ was the leader of a neighborhood street gang known as Sev Side / DOA, and with that gang, he committed a series of gang-motivated shootings,” Podolsky said. “Perez, a drill rapper, instilled fear across the community with his violent actions, and then threatened rivals, bragged about shootings, and taunted victims in his rap lyrics.”
Prosecutors successfully argued that Perez’s musical content wasn’t merely entertainment but evidence of actual criminal activity. They specifically highlighted his music video “Who Really Bugging,” which they claimed referenced a real-life shooting incident.
“But as a unanimous jury has now found, Perez can no longer hide behind his music, and instead will be held to account for his violent crimes,” Podolsky added.
Defense Claims Self-Defense and Unfair Targeting
Defense attorney Jeffrey Lichtman vigorously contested the charges throughout the trial, arguing that the December 2021 shooting was an act of self-defense. Lichtman pointed to surveillance footage that allegedly supported his client’s innocence.
The defense team also characterized the prosecution’s approach as an unfair attack on drill rap, a subgenre of hip-hop often criticized for violent themes.
“This case is not really against Kevin Perez. It is against Kay Flock. It is US versus drill rap,” the defense claimed during proceedings.
RICO Case Targeted Multiple Defendants
Perez was indicted in February 2023 alongside seven other defendants in a sweeping federal racketeering case. Authorities accused the group of involvement in numerous violent crimes that occurred in the Bronx between 2020 and 2022, including multiple shootings.
According to court documents, all other defendants agreed to plea deals before the trial began on March 10.
Perez Responds to Verdict
Following the verdict, Perez took to social media to share his reaction: “I beat the top count. I made the judge cry ‘he said now he not force[d] to give me life’,” he wrote. “Alhamdulillah everything good not good everything bad not bad. Just gotta stay humble till the outcome of your situation and see what Allah got for you. Chin up chest out shit aint over no w[h]ere near!!”
Sentencing and Potential Outcome
Despite his acquittal on the murder charge, Perez still faces severe consequences. He is scheduled for sentencing on July 16, 2025, where he could receive between 20 years and life in prison. Had he been convicted on all counts, including the murder charge, he would have faced a mandatory life sentence.
Kay Flock rose to prominence in the New York drill scene in the early 2020s. His 2020 single “Shake It,” featuring Cardi B, reached number 51 on the Billboard Hot 100 and was certified platinum.
The case adds to ongoing debates about the use of artistic expression as evidence in criminal proceedings, particularly within hip-hop and specifically drill rap, which has faced increased scrutiny from law enforcement in recent years.
