A judge on Thursday rejected a motion by rapper Kevin Gates that a misdemeanor battery charge against him be dismissed.
“While a simple act of touching or pushing someone without his or her consent may amount to simple battery, the Court finds that such a minor act does not necessarily rise to such a level as to justify the use of force in return,” Franklin wrote.
But County Judge Sharon Franklin wrote that Gates’ kick was not a justified action in response to Miranda Dixon grabbing his shorts twice.
In the five-page order, Franklin wrote that Dixon’s testimony was more believable and Gates’ testimony was “troubling in terms of his credibility.”
“Defendant testified that he is always scared for his safety at his shows because of death threats he’s received, yet he allowed a very young child to not only walk out on stage with him but allowed this child to remain on the stage for the entire performance,” Franklin wrote.