Judge orders Portland rap artist Desmond Washington back to jail

Lawyers painted starkly different portraits of Portland rapper Desmond Washington as a federal judge Wednesday weighed whether he should be locked up as a danger to the community or remain out of jail while awaiting trial on a charge of illegally possessing a gun as a felon.

Citing a recent increase in gang shootings in Portland, Assistant U.S. Attorney Peter D. Sax argued that "gang-involved felons''  with guns such as Washington pose an "unacceptable risk'' to the community.

In the last 2 ½ weeks, police have responded to at least 12 shootings in the city, including two that occurred as officers were close by and in sight.

Desmond B. Washington

Sax showed the judge photos from Washington's Instagram profile, including one of him pointing a handgun in his right hand and holding up an AK-47-type assault rifle in his left hand.

He also submitted snapshots of Washington posing with guns in YouTube music videos and cited the hashtags on Washington's August Instagram profile, which included #blood gang, #inglewood bloods and #shooter. The prosecutor identified Facebook photos of Washington wearing a red bandana and one tied to a gun he's holding that Sax said revealed the defendant's "brazen wearing of his gang colors'' and ties to the Deuce Four Inglewood Blood gang.

"This is not a referendum about rap music or the defendant's right to be rap artist,'' Sax said. "We're prosecuting him for being a felon in possession of a firearm.''

Washington's defense lawyer Susan F. Wilk criticized the government's "speculative and misleading'' characterizations of her client's alleged gang ties, arguing they're based on a "troubling pyramid of insinuations and assumptions'' and race-based profiling drawn from his social media posts that reflect his work as a performer.

In contrast, she provided the court with pictures of her client standing with his arms around his children, accompanied by the hashtag #fatherlove. Although Washington had been involved in street gangs when he was younger, he's eschewed those ties and is focused on creating music and being a father, Wilk said. He has five children with one on the way.

"Today the government says Mr. Washington is free to be a rap artist,'' Wilk told the court. "Yet the government principally relies on representations on social media associated with his persona.''

Police arrested Washington last Wednesday after searching his girlfriend's apartment with a warrant obtained in an unrelated investigation. Officers found a Taurus model .45-caliber gun in the master bedroom's dresser drawer, beside Washington's personal belongings, including  a gold dental grill, several gold necklaces and an "i5da.p" pendant, his rap music moniker, according to Sax.

The pistol, with a black handle and silver slide, was reported stolen from a storage locker in Tualatin in March or April 2017, and further forensic tests are being done to determine if the gun is tied to any shootings, the prosecutor said.

Washington professed to a probation officer last year that he'd "always'' be a part of the "Deuce Four Inglewood Family Blood,'' but claimed he wasn't "banging anymore,'' Sax wrote to the court.

Last week, U.S. Magistrate Judge Jolie A. Russo, despite the prosecutor's protestations, released Washington from custody, allowing him to live with his father.  U.S. District Judge Marco A. Hernandez upheld the decision later that day. Sax then submitted a motion to revoke Washington's release, which U.S. District Judge Michael M. Mosman heard Wednesday.

Sax this time cited Washington's 12 prior convictions, including seven felonies – among them  an earlier case of being a felon with a gun, attempting to elude police, unlawful use of a weapon and delivering cocaine. Washington failed to appear in court on eight occasions, violated his supervision three times and had his state probation revoked in the last 18 months for having a gun, Sax said.

Wilk said the probation revocation was news to her.

Mosman said he wasn't going to consider the social media postings each side presented. Instead, he said he was troubled by Washington's history, which is the only concrete information he can rely on to predict the defendant's future behavior.

He cited concerns about Washington's convictions, his failures on supervision and his most recent probation revocation.

"I cannot ignore the past,'' Mosman said. "The past for you is terrible. ... While on supervision, you got revoked for possessing a gun. That really, for me, is insurmountable.''

Washington, sitting beside his lawyer, turned over his belt to his girlfriend and sister. Deputy U.S. marshals then handcuffed him and led him out of the courtroom.

-- Maxine Bernstein

mbernstein@oregonian.com
503-221-8212
@maxoregonian

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