Dancehall entertainer Squash is gearing up for a dogfight with prosecutors in Florida who have entered a fusilade of filings seeking to have the artist's music and phone videos entered into evidence at trial.
The US prosecutors are asking the court to allow them to use the lyrics and images from Squash's music video for his song Shubout to establish the narrative that the Jamaican artist is the leader of a transnational criminal organisation referred to as '6ix'.
The Federal RAP Act, which would generally bar prosecutors from using an artist's "creative or artistic expression" against them, was introduced on July 23, according to Music Business Worldwide. The bill, supported by major music industry companies and organizations, is still in committee and has not yet passed the US House or Senate.
Prosecutors have also asked the court to include a video obtained from Squash's phone as evidence. They contend that the video not only shows Squash in possession of one of the guns seized during the traffic stop – a pink Glock pistol – but also firing the weapon. The Feds also allege that there are other videos, images and texts on Squash's phone, which demonstrate he has had other guns.
But Squash, whose given name is Andrae Whittaker, has instructed his lawyers to challenge the foundation of the prosecution's case. In filings submitted last Thursday, Squash's attorneys asked the court to suppress all evidence and statements, arguing they stem from an illegal search during a February traffic stop in Miami.
They plan to call co-defendant Zidanne Prescott, who will testify that no traffic violations occurred prior to the stop, in an effort to undermine the justification for the arrest. They also want any mention of prior homicide discussions, Jamaican police intelligence labelling Squash as a known criminal, or any gang-related allegations barred from trial.
According to the defence, Squash denies any allegation that he is a member or leader of a gang. They say the use of '6ix' in Squash's music is a reference to the Dancehall label he operates.
The entertainer's lawyers are also asking the court to preclude evidence from discovery taken from an interview in which a prior shooting and homicide were discussed.
He has until August 26 to enter a plea deal and avoid trial, or face a possibly longer sentence in the slammer. The case could get underway as early as September 2 in the Southern District of Florida.
Squash was arrested following a traffic stop in Miami, Florida in February this year and is now before federal court on charges of being an alien in possession of a firearm and unlawful possession of a machine gun.
He pleaded not guilty to charges of illegal possession of a modified weapon, and possession of a concealed weapon without a permit. This case has since been closed.
Additionally, court documents allege Squash entered the U.S. illegally in January 2021, after fleeing Jamaica amid a deadly gang feud. He was previously detained by Immigration and Customs Enforcement (ICE) and later released on bond after marrying an American citizen, who federal authorities say purchased one of the weapons found in his possession.
Squash now faces charges of illegal possession of a firearm as an undocumented immigrant, and unlawful possession of a machine gun. If convicted, he could face up to 15 years in prison and possible deportation.
