A second San Diego federal judge has denied federal prosecutors' requests to keep Louisiana rapper Boosie Badazz in custody for allegedly being a felon in possession of a gun.
U.S. District Judge Cathy Bencivengo said Thursday that she agreed with another judge's finding that the 40-year-old rapper, whose real name is Torrence Ivy Hatch Jr., could be released on bond with certain conditions.
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Prosecutors alleged this week that Hatch, who was arrested May 6 during a traffic stop in the Chollas View neighborhood, was found with two guns inside an SUV. Police allegedly spotted Hatch in a social media video with a gun in his waistband, then used a helicopter to track down the vehicle he was riding in.
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Prosecutors renewed their allegations on Thursday that Hatch threatened his bodyguard for not claiming ownership of the guns and told the guard, "You're gonna be in a body bag." Assistant U.S. Attorney Michael Wheat told the judge there were concerns for the guard's safety.
One of Hatch's attorneys, Meghan Blanco, said none of the reports authored by the officers involved in Hatch's arrest mentioned the alleged threat. It wasn't until after Hatch's arrest on federal charges over a month later that federal prosecutors claimed officers overheard the threatening statements, she argued.
Blanco also said Hatch did not represent a flight risk, as he attended all court appearances in the state's case against him and was prepared to plead guilty in that case.
On Tuesday, U.S. Magistrate Judge Allison Goddard ruled Hatch could be released on $50,000 bond, a decision prosecutors quickly appealed.
Bencivengo granted the prosecution's request to stay Goddard's ruling, but at Thursday's hearing, she said the government had not shown Hatch was a danger to the community. While the judge stated she had concerns about the alleged threats, she said it was not clear whether they were legitimate threats or whether Hatch actually made those statements.
Bencivengo raised Hatch's bond to $100,000 and ordered him to undergo regular drug testing, but otherwise left the release conditions Goddard set in place.
Hatch was in San Diego to shoot a music video in the Lincoln Park neighborhood and performed at a Gaslamp Quarter nightclub following his arrest. The San Diego County District Attorney's Office charged him with being a felon in possession of a firearm, but the case was dismissed last week. Hatch was arrested shortly after a court appearance in the state's case.
