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Lil Durk wants a judge to remove one charge from his August murder trial because prosecutors wrote it too loosely.
The Saturday request says prosecutors accuse Durk’s crew of stalking two people without naming which target he meant to harm.
“The indictment alleges two individuals, T.B. and S.R., who were the objects of the alleged conduct,” the filing says.
The initials identify Quando Rondo and his cousin Saviay’a “Lul Pab” Robinson, who died in the 2022 shooting.
“The Fourth Superseding fails to allege that Mr. Banks had the intent to harm a particular victim. It therefore fails to state an offense,” his lawyers wrote.
Durk says the government cannot claim he agreed to stalk somebody while leaving that person unclear.
“This creates a danger that a jury could find a defendant guilty without reaching a unanimous consensus on the commission of any single, particular offense. In other words, a jury could convict if some jurors could believe that the defendants stalked T.B., and some could believe that they stalked S.R.,” the filing says.
Prosecutors split one stalking charge into two, but Durk says they left this companion charge untouched.
“Indeed, the government’s proposed jury instruction on Count Two names no alleged victim at all,” his lawyers wrote.
“In particular, the ‘Object of the Conspiracy’ section does not name a particular individual who was the object of the defendants’ intent,” the filing says.
Prosecutors oppose the request, which Judge Michael Fitzgerald will hear Tuesday, August 18, at 10 A.M.
Durk’s August 20 trial now covers six accusations: one stalking agreement, separate stalking of Quando and Robinson and three murder-for-hire and gun claims.
Those three claims he arranged a paid killing across state lines, then used guns and a machine gun during it.
The Justice Department says Quando was the target and Lul Pab died; Durk denies arranging the attack and has pleaded not guilty.
Afterward, Lil Durk faces one later charge claiming Stephon Mack’s 2022 Chicago killing benefited an alleged group that rewarded violence with cash and music access.
The indictment cites a 2019 Atlanta shooting, robberies and drug sales as background rather than separate charges against Durk.
No date has been set for Durk’s separate Chicago trial, leaving his second courtroom fight off the calendar.
