Man Gets 2 Years In Prison For Myspace Song Entitled ''Kill Me A Cop''

Hardly anyone had heard Antavio Johnson's lyrics until they landed him in prison.
Now his words are getting the attention of free-speech advocates across the nation.

Johnson's friends and family say he was frustrated with the Lakeland police a few years ago when he recorded a violent rap song that called officers by name and threatened to shoot them.

Those words, they say, were meant only as a creative outlet and not intended to be made public or acted out.

"We don't punish for bad thoughts in America," said Howard Simon, executive director of the Florida chapter of the American Civil Liberties Union. "Our Constitution forces us to make a distinction between ugly and hostile thoughts and words, and credible threats of violence."

The ACLU has not intervened in the case but is keeping a close eye on it until officials can speak to Johnson's lawyer, Simon said.

The song, "Kill Me A Cop," was posted on the Myspace.com page of an unofficial record label in February. It was online for about two weeks before a Polk County gang detective discovered it and began investigating, according to the Sheriff's Office.

Johnson was in jail at the time for an unrelated violation-of-probation charge.

Gerald Johnson, 40, said his little brother composed the song several years ago as a teenager after feeling that the police harassed him.

"His songs are life-based, so they come about through situations that occur to him personally," Gerald Johnson said. "We are not advocating the song itself — he is not advocating the song. It was never supposed to have been distributed; it was never supposed to be public."

Gerald Johnson has not heard the song but only read the lyrics provided by the Sheriff's Office.

Last month, Antavio Johnson pleaded no contest to two counts of corruption by threat of public servant in exchange for two years in prison. Efforts to reach his attorney after hours were not successful.

First Amendment lawyer Larry Walters, who is not involved in the case, doesn't think the lyrics were reason enough to charge and convict Johnson.

"Wanting to kill cops is not a prosecutable offense," Walters said, adding that the lyrics made conditional threats and were not made directly to the officers named. "Even if this would cross the line, this is a song. We live in a free country."

Daniel Barajas, owner of record label Hood Certified Entertainment, said he has since pulled the song off his Web site and is waiting to hear from Johnson's lawyer for the next step. Johnson, he said, is not a violent person and has labeled himself a Christian rapper.

"If someone wants to de-stress, they go out for a run, they paint a picture, they write in a journal," Barajas said. "He de-stressed with music."