California prosecutors opposed Tory Lanez’s request for a new trial following his submission of an affidavit from his driver Jauquan Smith, a witness to the 2020 shooting of Megan Thee Stallion. Smith alleged the prosecution prevented him from testifying in Lanez’s 2022 trial.
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Smith mentioned witnessing Megan’s former friend Kelsey Harris holding a gun during a confrontation between the two. Although Smith didn’t see who shot Megan, he stated that Lanez tried to disarm Harris.
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“Ms. Pete [Megan] and Ms. Harris began fighting,” Smith explained. “I pulled over to stop them. Ms. Pete and Ms. Harris both got out of the vehicle and continued to fight, both verbally and physically. I broke up this fight and was pulling Ms. Pete toward the back of the car. I saw Ms. Harris with a gun in her hand. Mr. Peterson [Lanez] ran from behind Ms. Pete and myself toward Ms. Harris. Mr. Peterson and Ms. Harris began struggling as Mr. Peterson tried to unarm Ms. Harris. I was still pulling Ms. Pete and did not see who shot the weapon. I was not harmed, and in my opinion, Ms. Pete was also fortunate. The whole incident happened so quickly.”
Smith added, “I wanted to present this evidence during Mr. Peterson’s trial but was prevented from doing so as the District Attorney was not ready to cross-examine me, and later they did not call me back due to the holidays and the court schedule. I believe I should have been allowed to present this evidence at trial.”
Lanez, found guilty of shooting Megan, used Smith’s affidavit to request a new trial. Prosecutors disagreed, stating Lanez’s former attorney declined to call Smith as a witness. The California Attorney General’s Office argued that Smith’s account wasn’t new evidence.
“Given these circumstances, defense counsel conceded that Smith would not have been a helpful witness due to his bias and the cumulative nature of his offered testimony,” Deputy Attorney General Michael C. Keller wrote. “Recognizing that an independent eyewitness had placed the gun in the hands of Harris before the shooting, defense counsel explained that it would not ‘do anything’ to have appellant’s friend say the same thing.”
Lanez was convicted of assault with a semiautomatic firearm, illegal possession of a firearm, and negligent discharge of a gun for shooting the victim in 2022. A judge sentenced him to 10 years in prison in 2023.
