🎤 The Gutter Report: Art on Trial vs. John “Trag” Pena
How Rap, Rivalry & the Courts Collide — The RAP Act in the Margins
📸 Portraits of a Targeted Artist
🩸 Trag with “Striktly the Family” tattooed across his neck — his loyalty inked into his skin, later used as part of his image in court.
🌃 Trag outside at night, braids down, hands locked — a street presence prosecutors turned into exhibit material.
🖊️ Trag behind bars — still writing, still creating, even as the state twists his words.
The movement behind “Art on Trial: Protect Black Art” is sounding the alarm: prosecutors are weaponizing lyrics and putting art on trial. The petition argues that “rap is the most targeted genre, with lyrics being used more than any other form of art to paint defendants as criminals.” It calls on Congress to pass the RAP Act and protect artists from having their creativity twisted into convictions.
John “Trag” Pena’s case is proof of why this fight matters. Trag was convicted in federal court on racketeering, murder, firearms, and drug charges. But the government didn’t stop at witnesses and evidence. They leaned heavily on art — rap videos, music from Zuess and Sapa, and even lyrics taken from Trag’s own cell — to build their case and frame the story of gang beef in Staten Island.
🎶 Zuess & Sapa’s Lyrics on Trial
Prosecutors played rap songs and videos from Jesus “Young Zuess” Velasquez (alleged Bugatti) and Jaheim “Sapa Baby” McKoy (alleged Gorilla Stone), recorded between 2020–2023.
Zuess’s track “Why You Lie For” was introduced as a diss record, with the feds claiming it taunted Trag, showed Bugatti members flashing guns, and added fuel to the gang war.
Another track, “Missing You”, was described as a Bugatti tribute video that “proved” the beef was ongoing.
🎬 Zuess performing in the streets, with the mic as his weapon.
💵 Sapa — Staten Island’s own, a young artist in the middle of this story, whose music became part of the wider narrative of Double M’s vs. Bugattis.
By treating those bars and visuals as factual evidence, the government essentially used Zuess and Sapa’s music to write the backstory of Gorilla Stone vs. Bugatti in court.
✍🏼 Lyrics Found in Trag’s Cell
When they searched Trag’s cell in the Metropolitan Detention Center in November 2022, investigators found handwritten lyrics that prosecutors claimed were “confessions.”
One verse read:
“Kuz I Turn all my opps into ghost / Francisco I mix them N / Mark / A … shhh / Gotta chill . . . they don’t Know / Lately how I feel / Like the reaper / If I spot em I’m snatching his soul.”
The feds argued these lines tied directly to the murders of Francisco Gonzalez and Mark Bajandas, and they presented them as proof of guilt — blurring the line between art and evidence.
🛡️ What the Petition Demands
The petition makes it plain: “Lyrics should be treated as creative expression, not confessions.” It points out that no other art form is weaponized in this way — prosecutors don’t put country ballads, heavy metal lyrics, or screenplays on trial. But rap? Time and again.
The RAP Act would force judges to step back and only allow lyrics when there’s a direct factual link to the alleged crime — not just to tell a story, paint a picture, or prejudice a jury.
⚖️ The Legal Battleground
Factual Nexus – Right now, prosecutors can stretch lyrics if they “sound like” the crime. The RAP Act raises the bar to require real, provable connection.
Retroactivity – Trag’s case is already over, and new laws may not apply to him unless courts or Congress make them retroactive. That’s why the petition stresses urgency: to protect the next generation of artists.
Other Evidence — Prosecutors had testimony and surveillance too, but the lyrics gave their case narrative weight — shaping how the jury viewed Trag and his world.
🚨 Why This Case Matters
Art weaponized: Zuess’s and Sapa’s music, plus Trag’s own verses, became courtroom evidence.
Bias in play: Jurors may read rap literally while ignoring its metaphor, irony, or creative exaggeration.
The bigger fight: If the RAP Act isn’t passed, more artists — from local MCs to national stars — will face the same trap: bars turned into bars.
📞 A Word From the Gutter
I spoke to Trag just last night. He still hasn’t been sentenced — the court is waiting on the draft of his Pre-Sentence Investigation Report (PSI), which will then be reviewed before the final draft is submitted. Because this is such a high-profile case — he was convicted of two murders — the system is moving carefully, making sure every step is in order before judgment is handed down.
But this story isn’t over. Be on the lookout for my next move: an exclusive interview with Trag himself. The next time he calls, I’ll be recording, and that conversation will be aired everywhere — raw, uncut, and direct from the source.
✊🏾 Call to Action
The petition says it clearly: “Protect Black art. Protect creativity. Protect the culture.”
If you believe music should stay music — not be twisted into a prison sentence — then stand behind this movement.
Not for clicks — for clarity.
Good morning and Godspeed.
— Elliott Carterr
