Yosvany Sierra Hernández, the controversial urban music performer popularly known as Chocolate MC, is facing legal proceedings in Miami-Dade County, beginning this Monday. He stands accused of making death threats on social media against the alleged murderer of fellow artist El Taiger.
The judicial process kicked off with the selection of the jury, a crucial step before the hearings scheduled to proceed on Wednesday, November 12, where both the prosecution and defense will formally present their arguments.
Significance in the Cuban Exile Community
This case holds significant symbolic and emotional weight within the Cuban expatriate artistic community, as the purported threats were allegedly aimed at Damián Valdez Galloso, the man accused of killing reggaeton artist El Taiger.
Allegations of Genuine Threats
The Miami-Dade County prosecution asserts that Chocolate MC made Instagram posts that qualify as "true threats" of violence. The prosecution's evidence includes statements such as:
“If the police don't kill you, we will,” and “One hundred thousand dollars for your head.”
These messages reportedly included violent emojis and references to a gang identified as ZMF, which, according to prosecutors, underscores the genuine intent to incite violence against Valdez Galloso.
Judge's Ruling: No First Amendment Protection
Chocolate MC's defense attempted to invoke the First Amendment of the U.S. Constitution, which protects free speech, arguing that the messages were emotional or artistic expressions without criminal intent. However, Judge Milton Hirsch denied this motion.
The judge determined that the artist's social media posts fell outside constitutional protection, as they constituted “true threats,” a legal category not covered by First Amendment rights. This setback prevents the defense from using free speech as a primary argument during the trial.
Defense Claims Innocence
Defense attorney Adolfo Gil has stated emphatically, “My client is 100% innocent of all charges.” Gil also disclosed that Chocolate MC is currently undergoing a psychological evaluation, though this has not halted the trial.
Judge Hirsch refused to postpone the proceedings, as requested by the defense, adhering to the scheduled start date of November 10.
The Artist's Personal Transformation
Yelena Ramírez, Chocolate MC's partner, expressed relief that the trial is finally commencing after various delays. She spoke about the artist's personal growth during his detention: “He has changed a lot, he's more connected to the Christian faith, and that surprises me.”
Her testimony adds a human element to the legal proceedings, hinting at a period of introspection for Chocolate MC amid his multiple legal challenges.
Complications with Key Witness
In a pre-trial hearing, it was revealed that Damián Valdez Galloso, accused of El Taiger's murder and the alleged target of the threats, will not testify. His attorney invoked the Fifth Amendment, which protects against self-incrimination, barring him from taking the stand.
Valdez Galloso is facing his own murder trial, adding complexity to the judicial landscape surrounding Chocolate MC's case.
Additional Legal Challenges
This trial is not the only legal battle for the reggaeton artist. Reports indicate that Chocolate MC faces two other pending criminal cases, including charges of alleged kidnapping and robbery involving a fake weapon in Opa-Locka.
Despite these challenges, the artist's partner remains hopeful: “The trial on the 10th is next, and then two more. He might be out by next month.”
What to Know About Chocolate MC's Legal Case
What is Chocolate MC accused of?
Chocolate MC is accused of making death threats on social media against the alleged murderer of fellow artist El Taiger.
Why was the First Amendment defense denied?
The judge ruled that the social media posts constituted “true threats,” which do not fall under First Amendment protection.
Who is Damián Valdez Galloso?
Damián Valdez Galloso is the individual accused of murdering reggaeton artist El Taiger and was the alleged target of Chocolate MC's threats.
What are the other legal issues facing Chocolate MC?
Chocolate MC is facing additional criminal cases, including alleged kidnapping and robbery in Opa-Locka.