U.S. District Judge Michael W. Fitzgerald granted the defense’s motion Tuesday, severing Counts One and Six of the third superseding indictment from the four counts that will go before a jury Aug. 20.
The ruling is a significant pretrial victory for Durk, whose legal name is Durk Banks, but it is not a dismissal. The severed counts remain pending and may be tried separately at a later date. Banks has pleaded not guilty and remains in federal custody.
The distinction matters.
Durk’s lawyers did not persuade the court to throw out the government’s expanded indictment. They did persuade Fitzgerald not to make the defense confront the broader racketeering case at the same trial as the allegations it has been preparing to fight since Banks’ October 2024 arrest.
Prosecutors filed the third superseding indictment June 3, about 11 weeks before jury selection was scheduled to begin. The filing added a murder-in-aid-of-racketeering charge and a stalking-conspiracy charge while introducing a wider theory of criminal activity extending beyond the 2022 Los Angeles shooting at the center of the original prosecution.
The expanded allegations describe a group prosecutors call the “Banks Gang Enterprise,” which they claim used violence, drug trafficking and other crimes to strengthen the organization and reward members. Banks and his attorneys deny those allegations.
His defense team argued that prosecutors had taken a relatively focused murder-for-hire case and transformed it shortly before trial by adding years of alleged conduct from Chicago, Atlanta and elsewhere.
The defense said it had spent 19 months preparing for the Los Angeles case before receiving thousands of pages of additional material connected to the government’s expanded theory. Rather than seek another delay, Banks asked the court to separate the new allegations so the original trial could proceed as scheduled.
Prosecutors opposed that request, arguing that separate trials would duplicate evidence and prevent jurors from hearing the complete context surrounding the alleged plot.
During Tuesday’s hearing, Fitzgerald repeatedly pressed prosecutors to explain how the government would be unfairly harmed by severance. His written ruling concluded that prosecutors had not demonstrated sufficient prejudice from holding two trials, according to reporting based on the order.
The August trial stems from the fatal shooting of Saviay’a Robinson near the Beverly Center in Los Angeles on Aug. 19, 2022.
Federal prosecutors allege that Robinson’s cousin, rapper Quando Rondo, was the intended target of a retaliation plot tied to the November 2020 killing of OTF rapper King Von outside an Atlanta nightclub. Robinson was killed, while Rondo was not injured.
The government alleges that Banks offered a bounty for Rondo’s death and that people associated with his Only the Family collective used money tied to the organization to arrange flights, rental vehicles, hotel rooms and other expenses connected to the attack.
Banks is accused of helping finance and direct the alleged plot. He has denied ordering the shooting or offering payment for it.
Prosecutors have also sought to introduce selected lyrics, music videos, social media messages and evidence of public pressure on Banks to retaliate for King Von’s death. Fitzgerald previously allowed some of that material while excluding or limiting other portions, finding that certain lyrics carried too little connection to the charged crime or too great a risk of unfair prejudice.
Banks’ attorneys have consistently challenged the reliability of the government’s witnesses and its use of his music. When prosecutors unveiled the latest indictment in June, the defense called it “lipstick on a pig” and said the new allegations reflected weakness in the original case rather than newly discovered proof.
The Grammy-winning rapper has remained jailed without bond since his arrest in South Florida in October 2024. His trial has been postponed several times, sometimes over his objection, as attorneys reviewed evidence and litigated disputes involving witnesses, lyrics, videos and the defendants who will be tried together.
Tuesday’s order prevents the latest expansion from producing another immediate delay.
.jpeg)






