Top5 Murder Trial: Expert Witness Takes Fans Inside Courtroom

Prosecutors have increasingly used rap lyrics as evidence in criminal trials, a controversial practice that raises concerns about freedom of expression and racial bias. They argue that some of the lyrics often serve as confessions or admissions of guilt, linking artists to criminal activities.

Former Kidz in the Hall rapper Dr. Jabari Evans was called to testify in the murder trial of Canadian rapper Top5 to discuss the harmful practice of using rap lyrics as evidence. Speaking to Justin Hunte—also known as “The Company Man”—Evans described what his experience was like inside the courtroom and why he felt it was important to take the stand.

“What this case is doing was saying, ‘Hey, no, no, no, no.’ Just because someone goes on IG Live or someone does an interview on YouTube and they say things that are inflammatory, that in and of itself is also a part of their caricature or part of their persona or part of that idea that they want to market themselves for clout,” he said. “In my research I talk about clout chasing quite a bit. In the culture, that’s a term that we use that we’re very familiar with.

“But in terms of how I use it in academia, I’m really thinking about power dynamics in terms of how young Black men and women are forced to rely on tropes of Blackness that are super negative, limiting and stereotypical in order to make it. And they lean into these stereotypes and tropes to the nth degree.”

Top5 was arrested and charged in connection with the 2021 shooting death of 20-year-old Hashim Omar Hashi. Prosecutors allege that Top5 played a key role in orchestrating the murder. He was initially on the run and evaded capture by fleeing to the United States before being extradited back to Canada to face the charges.

Top5 maintained his innocence, claiming that the accusations against him were false. The trial raised questions about the use of Top5’s public persona and music in the courtroom. Prosecutors referenced his lyrics and social media posts, which often touched on street violence, as evidence to support their claims.

Prosecutors allege that rap lyrics, especially when they describe violent or illegal acts, can provide insight into a defendant’s mindset, intent or involvement in crimes. In some high-profile cases, these lyrics have been used to connect defendants to specific incidents, portraying them as having intimate knowledge of criminal details. The tactic, however, has faced significant backlash, particularly from artists and advocates who believe it unfairly targets Black and Latino artists.

Critics argue that using rap lyrics as evidence infringes on the First Amendment, which protects creative expression. They point out that other art forms, such as film, literature or even other genres of music, rarely face the same level of scrutiny. Johnny Cash is an excellent example. His 1960 single “Folsom Prison Blues” contains the lyrics, “I shot a man in Reno, just to watch him die,” but he didn’t actually commit murder.

Like Dr. Evans, critics believe the selective targeting of rap lyrics perpetuates harmful stereotypes that specifically criminalize Hip-Hop culture and its artists. Many contend that lyrics in rap are often fictional, exaggerated or meant to express broader societal or personal frustrations rather than actual experiences. Several high-profile legal battles have emerged over the issue, sparking debates about the fine line between art and admissible evidence in courtrooms. Some states have even passed laws limiting the use of rap lyrics as evidence, reflecting growing concerns about the potential for injustice.

Evans was required to be at the courthouse for about eight to nine hours over two days. He provided a 20-page report on “drill rap, clout-chasing and the idea that one’s persona in rap can’t necessarily be utilized as anything more than entertainment and it shouldn’t be admitted in the court as evidence.” And it appeared to have quite an impact.

Top5 was released from jail on September 23 after his charge of first-degree murder was stayed by the Crown in the Ontario Superior Court of Justice. He served a total of three years. Shortly after his release, Top5 shared a photo of himself alongside his attorney. He wrote in the caption, “Shoutout Gary Grill for being the best lawyer in Toronto #ALLAHUAKBAR.”

Watch the full interview with Dr. Evans and Justin Hunte above.

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