Legal

A Florida judge says Drake won’t need to sit for a deposition over the murder of XXXtentacion, seemingly swayed by the star’s arguments that he has no connection to the case.
Defense attorneys for one of XXX’s alleged killers have been trying to question Drake over his alleged beef with the late rapper prior to his 2018 shooting death. But Drake’s lawyers have argued that dragging him into the case without any evidence linking him to the crime is “unreasonable and oppressive.”

In a ruling issued Tuesday (Feb. 14), Judge Michael Usan sided with Drake’s attorneys, according to a person with knowledge of the proceedings, signing off on an order voiding a subpoena that would have required the star to sit for such a deposition. TMZ was first to report the news on Tuesday.

Neither a rep for Drake nor the defense attorney who sought to depose him returned a request for comment.

Prosecutors have never claimed that Drake (real name Aubrey Graham) was involved in the 2018 murder of XXX (real name Jahseh Onfroy). Instead, they’ve charged four Florida men — Dedrick Williams, Trayvon Newsome, Michael Boatwright and Robert Allen — who they allege killed XXX during a robbery that escalated into deadly violence.

But defense attorney Mauricio Padilla, who represents Williams, listed Drake on a star-studded witness list last year. And in his opening statements at trial last week, Padilla suggested that the police had not sufficiently investigated a possible connection to Drake, who allegedly had an existing feud with XXX before his death. Such speculation has been fueled by a 2018 social media post — later deleted — in which XXX said: “If anyone tries to kill me it was @champagnepapi,” referring to Drake by his Instagram name.

With plans to make those arguments at trial, Padilla attempted to force Drake to sit for a Jan. 27 deposition but later claimed the star didn’t show up for the hearing. Last week, Judge Usan ordered Drake to appear for a deposition via Zoom on Feb. 24 or risk being held in contempt.

But Drake’s lawyers quickly moved to overturn that ruling. In a filing Sunday (Feb. 12), they said it was unreasonable to demand a deposition when “no evidence has been provided to substantiate the assertion that the [Drake] in any way contributed to, had knowledge of, or participated in the alleged incident.”

Instead, they cited that headline-grabbing December witness list — which also listed Quavo, Offset, Tekashi 6ix9ine, Joe Budden and even late Migos rapper Takeoff after he had already been killed — and argued that the defense attorneys were merely trying to pull unrelated big names into the case.

“It would appear, based on the names mentioned on the witness list filed by defendant’s counsel, that the intent to subpoena [Drake] is less for the purpose of discovering relevant evidence and testimony, but instead add more layers of celebrity and notoriety to a tragic and unfortunate event,” the star’s lawyers wrote.

Tuesday’s order granted the motion from Drake’s attorneys and tossed out last week’s ruling. It’s unclear if Padilla can try to depose Drake at a future point in the case.

Drake’s lawyers are firing back at efforts to force the superstar to sit for a deposition over the murder of XXXtentacion, claiming he has no connection at all to the crime and that defense attorneys are merely trying to “add more layers of celebrity and notoriety” to the case.
Just days after a Florida judge ordered Drake to appear for such a deposition by Feb. 24, the rapper’s lawyers argued in a new motion filed on Sunday that there is no evidence suggesting that he was in any way connected to XXXTentacion’s 2018 shooting death.

“It is both unreasonable and oppressive to subpoena an out of state party who has not been mentioned in any reports, any investigation, or referenced to have any involvement in this matter,” Drake’s attorney Bradford M. Cohen wrote in the response filing. “To mandate that he appear for deposition for something that he very clearly has no relevant knowledge of is unreasonable.”

Prosecutors have never claimed that Drake (real name Aubrey Graham) was involved in the death of XXXTentacion (real name Jahseh Onfroy). Instead, they charged four Florida men — Dedrick Williams, Trayvon Newsome, Michael Boatwright and Robert Allen – who they allege killed XXX during a robbery that escalated into deadly violence.

But defense attorney Mauricio Padilla, who represents Williams in the case, listed Drake on a star-studded witness list in December. And at opening arguments last week, Padilla suggested that the police had not sufficiently investigated a possible connection to Drake, who allegedly had an existing feud with XXX before his death. Such speculation has been fueled by a 2018 social media post – later deleted – in which XXX said: “If anyone tries to kill me it was @champagnepapi,” referring to Drake by his Instagram name.

Planning to make those arguments at trial, Padilla attempted to force Drake to sit for a Jan. 27 deposition, but he’s claimed in court filings that the star didn’t show up for the hearing. So last week, the judge overseeing the case ordered Drake to either appear for a deposition via Zoom on Feb. 24, or risk being held in contempt of court.

In Sunday’s filing, Drake’s lawyers pushed to set that order aside. They said the subpoena was not properly served on the superstar, meaning he had been under no procedural obligation to show up. And even if it had been, they argued that he has no connection to the case that requires a deposition in the first place: “No evidence has been provided to substantiate the assertion that the Non-Party in any way contributed to, had knowledge of, or participated in the alleged incident.”

Instead, Drake’s lawyers pointed to the fact that prosecutors plan to show jurors video evidence of the defendants committing the crime. And they cited that headline-grabbing December witness list — which also listed Quavo, Offset, Tekashi 6ix9ine, Joe Budden and even the late Migos rapper Takeoff after he had already been killed – as evidence that defense attorneys were merely trying to pull unrelated big names into the case.

“It would appear, based on the names mentioned on the witness list filed by defendant’s counsel, that the intent to subpoena [Drake] is less for the purpose of discovering relevant evidence and testimony, but instead add more layers of celebrity and notoriety to a tragic and unfortunate event,” the star’s lawyers wrote.

Padilla, the defense attorney who is seeking to depose Drake, did not immediately return a request for comment Monday on Drake’s response filing.

Less than two months after the defense team for Dedrick Williams — one of the three suspects on trial for the murder of XXXtentacion — listed a slew of artists as potential witnesses in December, one of those artists is now being ordered to appear in court.
Due to a feud between Drake and the late rapper born Jahseh Onfroy, who was shot and killed in 2018, defense attorney Mauricio Padilla believes the Certified Lover Boy superstar is connected to XXX’s death — and in an effort to solidify that claim, he tried to subpoena the Certified Lover Boy rapper last month. But according to a court document obtained by Billboard, Drake failed to appear on his scheduled deposition date of Jan. 27 and is now being ordered to appear for a deposition on Feb. 24 via Zoom video. If he fails to appear again, he may be held in contempt.

A representative for Drake did not immediately respond to a request for comment.

Drake’s alleged involvement in the murder stems from unsubstantiated rumors that swirled following XXXtentacion’s death, connected with a 2017 beef over what XXX believed to be a rip-off by Drake of his flows from breakout track “Look at Me!” on Drake’s “KMT.” A year after the drama, a story was posted to XXX’s Instagram page that read, “If anyone tries to kill me it was @champagnepapi,” tagging Drake’s Instagram handle. Afterward, XXXtentacion claimed his account was hacked; he was killed four months later in Deerfield Beach, Fla.

According to a December court filing, “Onfroy relentlessly taunted Graham on social media making statements about his mother and even posting a picture of a Drake look alike with semen on his face,” following frustrations that Drake didn’t lend him a hand during his time behind bars in 2016-17. Tensions continued to escalate, with XXX allegedly involving DJ Akademiks by asking the media personality to repost the photo. The filing went on to accuse Drake of having ties to “gang related activities” while naming Somali Canadian rapper Hassan Ali, a “suspected member of the Jungle Bloods Street Gang,” as a possible associate (Drake has publicly been connected to Ali via his own Instagram posts). In an interview, Ali also told Akademiks that he’s “Drake’s shooter.”

In the December filing, Padilla also listed Quavo, Offset, late Migos rapper Takeoff, Tekashi 6ix9ine and Joe Budden as potential witnesses, but at a subsequent hearing reported on by the Miami Herald, prosecutors called the move a stunt. “It is apparent from the deliberate, late disclosure of the defendant’s witnesses and comments made between the parties that [the] defendant intended to ‘surprise’ the state and create a trial by ambush,” wrote prosecutor Pascale Achille, as reported by the Herald. Broward Country Circuit Judge Michael Usan then demanded answers from Padilla in writing as to why the superstars were relevant to the case.

“They are high-profile people. And it’s not easy for me to subpoena,” Padilla answered. “I don’t have numbers, but it doesn’t mean I won’t be able to. Trying to subpoena Drake is not easy — you need a drone.”