The attorney for aspiring Santa Maria Valley rap artist Anthony Ray Murillo has asked an appellate court to reconsider its July 22 ruling to reinstate felony criminal threat charges against him.
Santa Barbara attorney David Andreasen, who is representing Murillo, on Monday filed a petition for rehearing with the Second District Court of Appeal.
Last month’s appellate opinion reversed Santa Barbara County Superior Court Judge Patricia Kelly’s ruling dismissing charges against Murillo.
The appellate court said the local judge erred in deciding not to hold Murillo, now 21, to answer to the charges stemming from allegations the lyrics of his song, “Moment for Life Remix,” threatened two teenage rape victims.
In the new petition, Andreasen called the appellate opinion deficient.
“Rehearing should be granted because the opinion fails to set forth respondent’s contentions, erroneously suggests Judge Kelly made no findings when dismissing the charges, improperly assumes her ruling was the product of a legal rather than factual conclusion, and fails to consider the alleged threat in light of the full factual context and relevant authorities,” Andreasen wrote.
He asked the appellate court “to grant rehearing and affirm the judgment or, in the alternative, remand the matter for Judge Kelly to determine whether the prosecution proved respondent knew ‘Moment for Life Remix’ would be viewed as a threat.”
Santa Barbara County District Attorney Joyce Dudley said Tuesday the defendant had the right to seek a rehearing.
Murillo’s song included lyrics that reportedly threatened two girls raped by his friend, Shane Villalpando, who was convicted in June 2013 of three counts of unlawful sex with a minor concerning Jane Doe 1, the appellate ruling said.
At the time, Villalpando attended St. Joseph High School and later graduated from Righetti High School, both in Orcutt.
Villalpando also pleaded guilty to one count of unlawful sex with a minor concerning Jane Doe 2, and ultimately was sentenced to five years of formal probation plus one year of confinement in the County Jail.
In the petition for rehearing, Andreasen noted the appellate decision starts with a question implying the Santa Maria judge’s decision hinged on her belief that songs can’t be true threats.
“But Judge Kelly’s comments can reasonably be viewed as demonstrating that she was fully aware a song could be a true threat, but that she found based on the unique facts presented to her at the hearing that there was insufficient evidence of respondent ‘willfully threatening to use force or violence against the individual Jane Doe 1 or Jane Doe 2.’”
Murillo’s ReverbNation page where the song and lyrics were posted online contained a photograph of him holding a shotgun.
But Murillo’s appellate attorney noted other pictures included the aspiring rap artist making a peace sign.
One of the rape victims was frightened and told her mother, who was concerned enough to notify law enforcement.
The appellate opinion had said “a reasonable listener could have understood ‘Moment for Life Remix’ to constitute a true threat to Jane Does 1 and 2 ….”
Murillo’s lyrics included the phrases, “you’re gonna end up dead,” and “I’m coming for your head, bitch,” the appellate decision noted.
Additionally, the song revealed the names of the rape victims and repeatedly used the phrase “f—k snitches.”
After it was posted on the online music site ReverbNation, “Moment for Life Remix” was downloaded 1,089 times and played 23,468 times before it was removed from the website on Oct. 9, 2013, authorities said.
The case has attracted attention beyond Santa Barbara County due to the issue of protected speech under the First Amendment versus victims’ rights.
In addition to a petition for rehearing, defendants also can request to have the case reviewed by the state Supreme Court.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.