Credit: Kay Flock

Prosecutors are pushing for Kay Flock to be sentenced to 50 years behind bars ahead of his sentencing this week, but the Bronx rapper‘s lawyers are claiming he has an “intellectual disability.”

The 22-year-old is scheduled to be sentenced on December 16th after being found guilty of 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, according to Complex, his legal team are claiming he couldn’t have been a gang leader due to a neurodevelopmental disorder.

The claim was initially made in his sealed sentencing submission, but it was revealed in a letter filed by the government on December 12th.

“The defence argues that [Kay Flock] could not have been the leader because he was ‘managed’ on the street by CW-1 [an unnamed cooperating witness in the case] due to the defendant’s purported intellectual disability. There is absolutely no evidence in the record to support that claim.”

The US Attorney’s Office described the rapper as “the leader of a violent street gang” who “used his influence to transform the neighbourhood gang Sev Side into a highly visible, influential, and violent entity.”

His role as a gang boss allegedly made him “a grave danger to the public,” leaving “families robbed of their sons, brothers, and fathers.”

An anonymous witness testified that the gang’s younger members were “making the block hot, causing attention, and bringing police when [the older generation] was trying to sell drugs.”

Flock’s sentencing in his federal racketeering case will take place at the Manhattan federal court.