Drill rapper Kay Flock couldn’t have headed the ruthless crew that terrorized the Bronx with rampant gun violence because he has an “intellectual disability,” his lawyers argued — as the convicted gangster faced decades behind bars Tuesday.
Lawyers for the 22-year-old “PSA” hitmaker, whose real name is Kevin Perez, made the head-scratching claim as they lobbied a Manhattan federal judge for leniency at his sentencing, court records show.
The jailed musician argued that the prosecution’s star witness, a fellow member of the Sev Side / DOA crew, “managed” Flock due to his purported disability.
But the feds blasted the argument as Flock’s “transparent attempt to deflect responsibility in any way he can.”
“He was the one leading the charge on the street — not the other way around,” Southern District of New York prosecutors wrote in a Friday court filing.
The feds have asked Judge Lewis Liman to sentence Flock to 50 years in prison for his role in a gang-fueled Bronx shooting spree between 2020 and 2022, and an upper Manhattan burst of gun violence that resulted in the murder of 24-year-old Hwascar Hernandez.
“Over the course of less than 18 months, [Flock] and his fellow gang members engaged in a campaign of violence, deepening existing gang rivalries and instigating new feuds where none had previously existed,” prosecutors wrote to the court.
“Dozens of people were shot at, injured, and even killed during this short period of time, due to the increased gang violence whipped up, in large part, by [Flock].”
A jury convicted Flock in March of racketeering conspiracy and various serious weapons and assault charges.
But Flock was acquitted of a murder rap after his attorneys argued the Dec. 16, 2021, shooting of Hernandez outside a Hamilton Heights barbershop was done in self-defense.
The embattled rapper celebrated the verdict, boasting in an Instagram post that “I beat the top count,” and claiming, “I made the judge cry. He said now he not force to give me life.”
“Never fold, never will,” he continued.
Flock also wrote on Instagram, in all-caps, “KILL ALL RATS” — which prosecutors called “an unmistakable shot” as the feds’ witness who testified against him.
“The facts demonstrate that the defendant has not meaningfully changed,” prosecutors wrote to the judge.
Flock’s lawyers did not respond Tuesday to a request for comment.
They submitted a letter to the judge with their own sentencing recommendation, but it was under seal and unavailable to the public.
