Attorneys for Daystar Peterson (Tory Lanez) have filed a motion for his release on bail pending the appeal of his sentence in the Megan Thee Stallion shooting case. It’s the second such motion submitted by his defense team since Los Angeles County Superior Court Judge David Herriford sentenced him in early August to 10 years in prison. The first was denied by the same judge in September.
The new motion was shared on X this morning (October 10) by court reporter Meghan Cuniff. “The arguments are nearly identical to the motion Judge Herriford rejected at the Sept. 14 hearing in LA (the one where Lanez called me a googly eyed bitch), including the forgoing of any mention of the rehab pushed at sentencing,” she tweeted.
The motion makes the case for Peterson’s appeal based on two main factors: that, contrary to Judge Herriford’s September ruling, the Canadian rapper isn’t a flight risk due to his high profile and his familial and financial ties to the United States (the motion cites case law to address the court’s concern that Peterson could be deported if granted bail); and that the appeal raises “substantial legal questions” which would likely lead to a “reversal” — or, at least, a reduced sentence — if decided in the rapper’s favor. These issues include challenges to expert witness testimony presented in his initial trial based on forensic tests performed on the firearm he is convicted of using to shoot Megan (his girlfriend at the time) in the foot, as well as the addition of four years to his sentence based on a firearm enhancement (CA penal code 12022.5), a law that they argue will soon be overturned by California’s governor, Gavin Newsom.
“For the reasons presented, it is respectfully requested that this court exercise its discretion to permit Appellant Peterson’s release from custody on reasonable bail pending finality of his appeal,” attorney Crystal Morgan writes in conclusion. “If granted, bail will allow him to continue his employment while staying in the geographic Los Angeles area, so that he may continue to support and lead his family, and be present during these formidable years with his young son. Based upon this Motion, and the previously mitigating factors, which were presented at his sentencing hearing, Appellant Peterson’s request for bail pending appeal is warranted.”
The FADER has reached out for comment to Unite the People, the anti-carceral California non-profit organization that filed the motion for bail on Peterson’s behalf.