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Gunplay

Off Hook for Armed Robbery

... Despite Video Proof

2/25/2013 9:07 AM PST BY TMZ STAFF
EXCLUSIVE

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9:20 AM PT -- Gunplay tells TMZ, the first thing he's going to do now that the case is dismissed ... is roll a fat joint ... oh yeah, then spend time with his "loved ones."

He tells us, "Today I am grateful and blessed that the case was dismissed ... I plan on picking up where I left off with my music and making hits with my upcoming debut album ... The first thing I am going to do today is smoke a joint, relax, play video games, and just be with my loved ones."

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Rapper Gunplay is officially off the hook for robbing his accountant at gunpoint ... despite damning surveillance video that captured the whole incident ... all because the victim refuses to cooperate with authorities, TMZ has learned.

The Miami-Dade State Attorney's Office tells TMZ, "Video alone is not enough to convict an individual of a crime beyond a reasonable doubt." The office continues, "Although the armed robbery is captured on the victim's surveillance system, the victim, Turron Woodside, is uncooperative of the prosecution of this defendant Richard Morales [Gunplay]."

Officials say they need Woodside to authenticate the footage so they can use it as evidence against Gunplay, who was accused of pulling a gun on Woodside and stealing a cell phone and gold chain during the incident last fall.

Gunplay was charged with armed robbery and aggravated assault.

The State Attorney's Office says the judge subpoenaed Woodside but prosecutors were unable to find him in order to serve him. Officials say Woodside's family and co-workers have told the court "he's out of town and/or coping with a family death" along with other excuses.

The judge made it clear ... without Woodside's testimony, prosecutors couldn't make their case, and they were forced to drop the charges.

83 COMMENTS

No Avatar
46.

ray    

wonder much that cost dumbplay.

544 days ago
47.

laffnbear    

Another step up in street cred for a loser.
What intelligent adult would choose "gunplay" for a name?
Oh yeah, doesn't mean he is intelligent.

544 days ago
48.

laffnbear    

Why can't the DA order the tape and the victim-to appear in court. Put him on the stand, play the tape and have him authenticate it.

544 days ago
49.

Nobrows    

Really? The rest of us would be rotting in jail.

544 days ago
50.

Tax    

What the F, gun on video and you don't prosecute.

544 days ago
51.

Tax    

I guess the NRA wins again stand your ground law???

544 days ago
52.

Tax    

Did the judge ever think the victim was paid off or threatened death if he talks?

544 days ago
53.

feedthepig222@gmail.com    

Sorry excuse for prosecution.

544 days ago
54.

tmz posters dont know sh1t    

everyone has a price

544 days ago
55.

Queen.of.the.Obvious    

What a bull**** society we live in. How is it that they NEED his testimony when they clearly have undeniable PROOF like this crystal clear video??! It honestly just makes no sense. Doesn't the district attorney have the right to prosecute regardless? This is just ridiculous and friggin' embarrassing as a nation. I can't believe we call this justice and let it slide. Smh. What a joke. Clearly the "victim" isn't talking because his life has been threatened. You don't need critical thinking skills to put this one together.

544 days ago
56.

speakMYbrain    

ALL BECAUSE RICK ROSS USED TO BE A COP. THATS WHY HE GOT OFF HAHAHAHA

544 days ago
57.

Bella29    

Wtf??? Who is this man??? Why is he not in jail???

544 days ago
58.

bart    

Time for our legal system to be able to look at uncut video and bring this guy up on charges. Either the guy was paid to shut up or his life was in danger for talking.

544 days ago
59.

bart    

I think our society is getting upset and pissed off when celebrities break our laws and nothing happens to them. Time for our legal system to step up and throw these thugs in jail.

544 days ago
60.

Enlightened    

QUEEN said: "How is it that they NEED his testimony when they clearly have undeniable PROOF like this crystal clear video??! It honestly just makes no sense."

It is black letter law in most jurisdictions that taped evidence (audio or video) must be "authenticated" prior to its admission into the record. That means that there must be TESTIMONY as to how and when the tape came into existence (who set it up and on what date(s)? Who had access to it, on what date(s? This establishes a "chain of custody" (from the date of the taping, to the date the authorities took possession of the evidence, to the time it made it to the courtroom to be offered into evidence). This procedure protects a defendant from evidence tampering.

That said, the REALLY sad part of this mess is that, in any other civilized society, brandishing a gun and threatening to kill a man would be considered a BAD thing. Today, in what is laughably called the he "music" industry, threatening a human being with a gun will actually inure to "Gunplay's" benefit (!!!) He will be seen as MORE MARKETABLE and will likely sell MORE records because he threatened to kill someone. Can you imagine how sick and twisted we must be as a society to embrace this kind of thinking. And millions of young people, black and white, will now help to make this walking, breathing, lump of excrement called "gunplay" rich by buying his next cd. They will go to his concerts and cheer for him, with no regard for the kind of animal he has shown himself to be. Shame on the record companies that record or distribute his work. And shame on us, as a nation, for what we now allow ourselves to accept.

544 days ago
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