The lawyer for a radio disc jockey who was arrested for on-air threats against a rival hip-hop DJ’s young daughter asked a court Tuesday to dismiss charges filed against his client.
Troi Torain, known on the air as DJ Star, was arrested May 12 on charges of criminal possession of a weapon and endangering the welfare of a child after an uproar over his racist and sexual rants about the rival DJ’s wife and 4-year-old daughter.
Torain’s lawyer, Benjamin Brafman, said Torain made the comments, for which he has apologized, only after DJs at a competing hip-hop radio station barraged him with threats and degrading and sexually offensive remarks.
Torain, 42, co-hosted the syndicated “Star & Buc Wild Morning Show” on WWPR-FM, or Power 105.1. His remarks, directed at Raashaun Casey, known as DJ Envy on WQHT-FM, or Hot 97, led to his firing on May 10 and his arrest two days later. He is free on $2,000 bail.
Brafman said in papers filed in Manhattan’s state Supreme Court that the evidence against Torain does not support any of the charges.
Brafman said Torain committed no crime with his handgun, for which he had a license until police lifted it after the radio uproar.
“It is counsel’s [Brafman’s] expectation that these [gun] charges will be voluntarily dismissed by the district attorney,” Brafman’s court papers said.
Acknowledging that his client’s remarks, “uttered in a moment of frustration,” were offensive, Brafman said, “This case either does not belong in criminal court at all, or if it does, the Hot 97 DJs should both be arrested as well, if you apply the same legal theory used to authorize the arrest of Mr. Torain.”
Brafman’s court papers said nothing that his client did was “likely to be injurious to the physical, mental and moral welfare of a child under 17” and therefore the case should be dismissed.
Telephone messages left for a spokeswoman for Hot 97 on Tuesday evening were not immediately returned.
Prosecutors, who had no comment Tuesday, have a few weeks to reply to Brafman’s dismissal request.
DJ Star’s show aired in markets including Philadelphia, Miami and Richmond, Va.