Charges Against Rapper Over Lyrics Dropped

The state Board of Prison Terms agreed Friday to drop charges that Sacramento-based rapper Shawn Thomas violated his parole by releasing a new album containing violent anti-law enforcement lyrics.

However, Thomas, who performs under the name C-BO, will remain in Sacramento County Jail--where he has been held since his arrest Tuesday--for as long as 30 days on several other parole violations.

The board also added a new parole condition--to which Thomas agreed--that would result in his returning behind bars if he engages in gang activities. Officials did not rule out the possibility that the gangsta rapper could again be charged for violations related to lyrics, under the gang activity restriction.

Earlier this week, state parole officials determined that C-BO’s new album, “Til My Casket Drops,” violated conditions set for his release from Soledad Prison last year stipulating that he not engage in activities promoting gang lifestyle or anti-law enforcement sentiments.

Attorneys and 1st Amendment advocates believe that this was the first case in which an artist had been jailed because of the content of his lyrics.

The album was released Feb. 24 and hit the pop album charts at No. 41 on Wednesday, selling more than 30,000 copies in its first week.

Thomas, 26, was paroled in June after serving 15 months for illegal firearms use. The charges stemmed from a gang-related conflict during which a bullet fired into the air by Thomas struck and killed a man.

Thomas, who had faced a year in prison, will remain in jail for up to 30 days on other violations, including traffic offenses that occurred when he traveled outside an approved 50-mile area without approval from his parole agent.

“There was no finding on [the propriety] of the special conditions that had been imposed on him, but the new regulation covers a lot of aspects of gang activity,” said Lewis Chartrand, executive officer of the Board of Prison Terms, who added that with work-time credits, he expects Thomas to be released March 18.

“We are glad justice prevailed,” Thomas’ wife, Sandra, said from their Sacramento-area home. “But I worry about the less fortunate people who can’t afford a lawyer. Five years ago would Bo have been able to fight this? No. But they’re not going to be able to stop him from doing his music now.”

Thomas’ attorney, John Duree, said he was ecstatic about the development. “Shawn is also elated,” he said. “He feels his 1st Amendment rights have been vindicated, and so do we. We’ve been negotiating for a couple of days with [the Board of Prison Terms]. Much of it was nickel-and-dime stuff.

“But we went in that it was not negotiable on the lyrics issue. They were appropriately sensitive to the 1st Amendment issue, unlike the Department of Corrections, which wrote the original conditions.”

Marcia Morrissey, who successfully defended rapper Snoop Doggy Dogg against murder charges in 1996, hailed the decision.

“I’m very pleased to see the [board] behaving rationally in this case,” she said. “It certainly was a question of local parole authorities trying to enforce their views of art, propriety and morality on a parolee, to prevent someone speaking out in a way that the officials find offensive.”