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Dieuson Octave, better known as rapper Kodak Black, was hit with two new felony charges Thursday, even as prosecutors announced they were dropping three others.
Black, 20, was arrested in January after he posted a live video on Instagram showing him at an alleged pot party, with guests smoking marijuana within inches of Black’s infant son, according to a Pembroke Pines police report.
Another guest was allegedly playing with a pistol near the baby.
Black was on probation and house arrest since August 2016. Last year he was accused of violating probation but was released four months later under strict probation conditions.
He has been ordered not to have any drugs or guns in his possession.
The Instagram video led prosecutors to believe he not only had committed new crimes, but violated his probation in the process. The probation violations expose him to an eight-year prison term and do not have to be proved beyond a reasonable doubt.
Prosecutors announced Thursday they were dropping three of the five charges that were filed against Black in January — possession of a weapon by a convicted felon, third degree grand theft, and child neglect.
The video did not show Black handling the weapon. “The gun was not his,” said defense lawyer Bradford Cohen, who filed a motion to dismiss Thursday morning arguing that the evidence did not support a possession charge.
But they also announced two new charges — felony possession of cannabis and possession of ammunition by a delinquent.
Cohen said he was pleased that the State Attorneys Office was dropping some of the charges — one of which could have landed his client in prison for 15 years.
“It was the right decision for them to make,” Cohen said. “Clearly there’s still more work to do, but I’m glad the State Attorney’s Office considered the information I sent them and the arguments I was preparing to make to drop those charges.”
Black is also facing charges of sexually assaulting a female fan in a South Carolina hotel room. That charge carries a maximum prison sentence of 30 years.
His debut album for Atlantic Records, “Painting Pictures,” peaked at No. 3 on the Billboard 200 albums chart after its March 31, 2017 release.
Black grew up in the Golden Acres public housing development, off Hammondville Road/Dr. Martin Luther King Blvd., between Andrews Avenue and Powerline Road, in Pompano Beach.
He frequently references the area in his songs.