Tekashi 6ix9ine missed a hearing on Thursday morning (Dec. 20) in Houston, T.X., tied to a misdemeanor assault charge linked to a fight in a Texas mall earlier this year. The rapper’s Houston-based lawyer tells Billboard that his client had a very good reason for skipping out on court: he’s currently behind bars in a New York federal prison following his Nov. 18 arrest by federal ATF and Homeland Security agents on six counts of racketeering, firearm, assault with a dangerous weapon and conspiracy murder charges.
“We plan to get the case dismissed and we have filed an affidavit to non-prosecution that the complaining witness executed…he does not wish to pursue the prosecution of Danny [Tekashi],” says Carl Moore of the paperwork filed on Thursday on behalf of the alleged victim, Santiago Albarran, which states that he also does not wish to go forward with the prosecution of the rapper (born Daniel Hernandez).
Moore says the judge in the case was surely aware that Hernandez would not be able to make it to court in Texas on Thursday given his incarceration in New York, but the paperwork was filed as a matter of procedure in the case, in which the MC is accused of putting his hands around the 16 year-old’s neck during a fight at a mall in January at a meetup with fans with fellow rapper Ugly God.
“I think they will have a tough time proving the case if they don’t have a victim, not to mention the fact that [Hernandez] is in federal custody dealing with a racketeering case that is a lot more serious than what he’s dealing with in Paris County,” says Moore, adding that a hearing is planned for after the Christmas holiday to find out if the district attorney wishes to pursue the case or dismiss it; if it is dismissed the warrant will be lifted.
“The judge knows he didn’t blow this off, that he’s in custody,” Moore says. The charge is a class A assault misdemeanor, the most serious level in Texas, which could land Hernandez up to a year in jail and up to a $4,000 fine. Hernandez is facing a life sentence and a minimum of 32 years in prison if convicted in the New York case.