Daniel Hernandez (6ix 9ine) Partial Testimony Transcript

 

6ix 9ineDaniel Hernandez is a rap artist who goes by the names 6ix 9ine and Tekashi69. On November 18th, 2018, Hernandez and four associates were arrested and charged with RICO and firearms charges which could have led to a sentence of life in prison. In February, as part of a plea deal that may allow Hernandez to avoid jail time if he testifies against fellow gang members, he pled guilty to 9 charges. These charges included one count of racketeering, four counts of firearm charges, two counts of assault with a dangerous weapon, one count of attempted murder, and one count of conspiracy to distribute one kilogram or more of heroin. One of the associates Hernandez is testifying against, Anthony (Harv) Ellison, had robbed Hernandez at gun point of several hundred thousand dollars’ worth of jewelry, kidnapped, and beaten him a week prior to his arrest.  The following is a small portion of his testimony transcription. More will be added as it is released.

Daniel Hernandez Partial Testimony Transcript

Daniel Hernandez: D-A-N-I-E-L space H-E-R-N-A-N-D-E-Z

Judge: Alright, good afternoon. I’ll ask you please keep your voice up and speak slowly for the benefit of everybody in the court room. Counsel, you may inquire.

Lawyer 1: Thank you, your honor.  Good Afternoon, Mr. Hernandez.

Daniel Hernandez: Thank you.

Lawyer 1: Mr. Hernandez, how old are you?

Daniel Hernandez: 23.

Lawyer 1: Do you go by any other names?

Daniel Hernandez: Yes.

Lawyer 1: What are those names?

Daniel Hernandez: Uh, Tekashi, Tekashi Six Nine, um, [inaudible]. Yeah.

Lawyer 1: Mr. Hernandez, where were you born?

Daniel Hernandez: Uh, [inaudible] Brooklyn.

Lawyer 1: How far did you go in school?

Daniel Hernandez: About the tenth, uh, eleventh grade. Something like that.

Lawyer 1: Mr. Hernandez, are you currently in federal custody?

Daniel Hernandez:  Yes, sir.

Lawyer 1: Approximately when did you start living in federal custody?

Daniel Hernandez: Uh, about, no, um, November 18th, 2018.

Lawyer 1: What were you arrested for?

Daniel Hernandez: Uh, racketeering charges, um, you know, violent crimes; shootings, uh, drug distribution.

Lawyer 1: At some point did you decide to cooperate with the government?

Daniel Hernandez: Yes.

Lawyer 1: When did that happen?

Daniel Hernandez: Uh, a day after, um, November 19th, the day after, uh, we, we was taken down.

Lawyer 1: In connection with your cooperation have you pleaded guilty to certain crimes?

Daniel Hernandez: Yes.

Lawyer 1: What crimes did you plea guilty to?

Daniel Hernandez: Uh, I believe it was nine counts of racketeering, um, shootings, uh, and, and drug distribution.

Lawyer 1: And you listed racketeering as one of the crimes in which you pleaded guilty, were you a member of any gang?

Daniel Hernandez: Yes, sir.

Lawyer 1: What was the name of the gang you were a member of?

Daniel Hernandez: Uh, the Nine Trey Bloods, Nine Trey [inaudible].

Lawyer 1: Approximately when did you become a member?

Daniel Hernandez: Uh, around, uh, I would say November of 2017.

Lawyer 1: What sorts of things did Nine Trey members do?

Daniel Hernandez: I’m sorry?

Lawyer 1: What sorts of things did Nine Trey members do?

Daniel Hernandez: Uh, we participated in a lot of, uh, you know, violent crimes. Um, robberies, assaults, uh, drugs. Sorts of that nature.

Lawyer 1: Mr. Hernandez, do you recognize anyone in the court room who was a member of Nine Trey when you were a member?

Daniel Hernandez: Yes.

Lawyer 1: Who do you recognize? And if you could identify that person, uh, could you identify where they are sitting at or an article of clothing that that person may be wearing?

Daniel Hernandez: Uh, Harv, Anthony Ellison has a grey suit. Um, and uh Nuke, Aljermiah Mach, has the brown suit on with the white thing on his head.

Lawyer 1: Your honor, could the record reflect that the witness identified Mr.Mack and Mr. Ellison?

Judge: Yes, the record reflects that Mr. um, um, Hernandez in sequence identified Mr. Ellison and then Mr. Mack.

Lawyer 1: Thank you, your honor. Now, Mr. Hernandez, now we will turn back to Nine Trey in a minute. Before we do, I would like to ask you some questions about your life before Nine Trey. Where did you grow up?

Daniel Hernandez: Uh, I was raised and lived, uh [inaudible] Brooklyn.

Lawyer 1: Where did you go to school?

Daniel Hernandez: Um, for elementary I went to PS59, uh middle school [inaudible] and uh, high school for the time being I went to Legacy High School. Legacy. Yeah. Legacy High School.

Lawyer 1: Did you work?

Daniel Hernandez: Yes.

Lawyer 1: What did you do?

Daniel Hernandez: Uh, started working at, I want to say, the age of thirteen. Uh, my first job was at the Green Point Youth Court. It’s a job that handles like, misdemeanor cases for youth. Um, where the youth acts in like a band of judge, jury, youth advocate, community advocate, that type of thing. I did that about for two months, uh, no, no.

Lawyer 1: Mr. Hernandez, I’m going to cut you off. I think you are, uh, speaking so close to the mic that you’re blurring some of words. If you move back a tiny bit from the mic but keep your voice up and speak slowly. Thank you.

Daniel Hernandez: Uh, so I did that for about a year. Um, I didn’t make a lot of money doing that, so I started working with my brother. Uh, bussing tables. I did that for about a year and a half. Then I got at a job at grocery store named “Stay Fresh and Grill”. Worked as a delivery boy. I did that about two years. Uh, I worked up to register. Shortly after that, I landed another bus boy job and then after that became a rapper.

Lawyer 1: So, you said that you started a music career, is that right?

Daniel Hernandez: Yes.

Lawyer 1: Approximately when did that happen?

Daniel Hernandez: Let’s say around 2014. Uh…

Lawyer 1: And how did it come about?

Daniel Hernandez: Well, at the store I was working in, Stay Fresh and Grill, uh, it was a guy under the name Peter Rodger, always coming in there buying a tea and a tilapia, some peanuts, stuff like that. He asked me, uh, if I, if I make music and if I rap. Uh, and I was like “no” and he was like “you got the image for it, you look, you look cool”. I was like, you know, I took that into consideration. Then we started making music from the, from the deli.

Lawyer 1: And again, this is around 2014?

Daniel Hernandez:  Yes sir, like late 2014. Like September.

Lawyer 1: So, when you started making music around 2014, what type of music were you making?

Daniel Hernandez: It was more of like a rock ‘n’ roll, uh, rap.

Lawyer 1: Approximately how many records or songs did you release?

Daniel Hernandez: Uh, eight I believe. I believe around eight.

Lawyer 1: Did you go on any tours?

Daniel Hernandez: Yeah.

Lawyer 1: Where did you tour?

Daniel Hernandez: Uh, Eastern Europe. Um, I toured in um, Bratislava, Slovakia, Bratislava, Slovakia. Uh, Prague, Czech Republic, Brno Czech Republic, uh, St. Petersburg Russia and uh Moscow.

Lawyer 1: Were you making any money at this time as a, as a metal rap performer?

Daniel Hernandez: Um, I mean for all those shows I made about like $2000 profit. I, I did it just for the experience.

Lawyer 1: Now, Mr. Hernandez, did there come a time when the type of music you recorded change?

Daniel Hernandez: Yes.

Lawyer 1: Approximately when did that happen?

Daniel Hernandez: Uh, around, uh, it changed, in September 2017.

Lawyer 1: Now, directing your attention to September 2017, did there come a time when you filmed a music video in Brooklyn?

Daniel Hernandez: Yes, sir.

Lawyer 1: Where in Brooklyn?

Daniel Hernandez: Uh, Bedford-Stuyvesant Brooklyn, um, on Madison between uh, Tompkins Avenue and Troop.

Lawyer 1: Do you remember the address?

Daniel Hernandez: I believe, want to say it was 370 Madison.

Lawyer 1:  370?

Daniel Hernandez: 370.

Lawyer 1: Mrs. Horney, Can we please pull up for the witness what’s been marked for identification as government exhibit 202? Mr. Hernandez, do you see government exhibit 202?

Daniel Hernandez: Yes.

Lawyer 1: What is that?

Daniel Hernandez: 370 Madison.

Lawyer 1: Is that a photograph of 370 Madison?

Daniel Hernandez: Yes, sir.

Lawyer 1: Fairly and accurately depict how 370 Madison looked?

Daniel Hernandez: Yes, sir.

Lawyer 1: Your honor, government offers government exhibit 202.

Judge: Any objection?

Lawyer 2: None, your honor.

[cross talk]

Judge: Proceed.

Lawyer 1: May we publish it, your honor?

Judge: Yes.

Lawyer 1: So, you filmed the music video in front of 370 Madison?

Daniel Hernandez: Yes, sir.

Lawyer 1: What was the name of that song?

Daniel Hernandez: Gummo. Gummo. G-U-M-M-O.

Lawyer 1: Mr. Hernandez, how did the filming of Gummo come about?

Daniel Hernandez: Um, around August of 2017 I made the song Gummo.

[missing portion]

Lawyer 1: Mr. Hernandez, I’m going to ask you some questions about the lyrics of Gummo, uh, beginning with the first line in reference to the word “blicky”. What’s a “blicky”?

Daniel Hernandez: Uh, “blicky” is another word for a gun.

Lawyer 1: And in the second line there’s a phrase in the middle, “drum, it holds 50”, what is that in reference to?

Daniel Hernandez: A drum is an attachment you add to a gun. Carries an, uh, extra clips. Bullets.

Lawyer 1: Turning to the next stanza, the second line of the second stanza. Uh, there’s a line there “in the hood with them billy n-word, and them hoover n-word”, what is that in reference to?

Daniel Hernandez: Just me stating who, um, I’m around.

Lawyer 1: And, and what is “Billy”?

Daniel Hernandez: Billy is Nine Trey.

Lawyer 1: And Hoover?

Daniel Hernandez: Hoover is it’s own set. Like, their own thing.

Lawyer 1: And the last line, “No KB, you’re a loser n-word, up that Uzi n-word”, what is that in reference, who, first of all, what is KB?

Daniel Hernandez: KB is a, is a, uh, was like a body guard for, uh, another rapper named Trippy Red. So I stated “No, KB”, like if you didn’t have KB you would lose an n-word. “Up that Uzi” n-word. Uzi is another rapper that was related, that, uh, people compared to Trippy Red so I said if you don’t have KB watching over you, you will lose somebody and I’ll up the Uzi. It, I don’t know, I thought it was cool at the time.

Lawyer 1: Well, Mr. Hernandez, what was, what is Gummo about, generally speaking?

Daniel Hernandez: It’s, uh, it was actually a, a, a diss song. A diss song is like uh, something, how do I say, its a song towards, like,  someone I didn’t get along with. Best way I can describe it.

Lawyer 1: And who was the diss song aimed at?

Daniel Hernandez: Uh, Trippy Red.

Lawyer 1: Why?

Daniel Hernandez: Me and him were signed to the same label, um, around, around 2017 when I signed my first deal. Me and Trippy Red were signed to the same label. Uh, he signed first. I then signed right after. There was a lot of jealousy involved. Um, a lot of arguments back and forth on social media. So, I made the song in, in, in the midst of the situation.

Lawyer 1: Did you have an understanding of whether or not Trippy Red was affiliated with a gang?

Daniel Hernandez: Yes.

Lawyer 1: And what gang was that?

Daniel Hernandez: He, he, he, uh, I think he was, say, he was part of five nine brim.

Lawyer 1: What’s five nine brim?

Daniel Hernandez: It’s another blood set.

Lawyer 1: Is that a rival set to Nine Trey?

Daniel Hernandez: Um, I mean it became another rival at the time.

Lawyer 1: So, um, okay, we can take down 60-17. So, Mr. Hernandez, after you had filmed Gummo, did there come a point, did there come a point in time where Gummo was released on the internet?

Daniel Hernandez: Yes.

Lawyer 1: What happened after Gummo was released on the internet?

Daniel Hernandez: Uh, I think we released Gummo in about, in about October. Around October. Uh, Gummo became an instant, an instant sensation. It was a sensation. It went viral. Viral meaning people shared it. Uh, people, you know, came to like the video “Gummo”. They liked the song. So it was instant success I would say.

Lawyer 1: After the release of Gummo, did you have any other conversations with either Seiko or Shotti about doing another video?

Daniel Hernandez: Yeah.

Lawyer 1: About, about filming another video.

Daniel Hernandez: Um, yeah. So, so when I released Gummo I was in Los Angles. Uh, I wasn’t authorized to release the video with, with the label. Uh, so, I just put it out anyway. I just threw it up on YouTube and just said “whatever happens, happens.” When I uploaded the video and it was such, like, a lot of people was showing attention to it. Uh, Shotti actually called Seiko and said, uh, quote “this little nigga knows what he’s doing, um, I thought all that rainbow hair shit was um, you know, he was buggin’ for that but he knows what he’s doing. Tell him to stay in touch.”

Lawyer 1: What happened?

Daniel Hernandez: I stayed in touch.

Lawyer 1: Did there come a time where you, where you made another video?

Daniel Hernandez: Yeah, about a month after uh, we uh, we filmed Kooda. Um…

Lawyer 1: And so, and so how did the filming of Kooda come about? And I’m sorry, could you spell Kooda for the court reporter?

Daniel Hernandez: Kooda. K-O-O-D-A.

Lawyer 1: How did Kooda come about?

Daniel Hernandez: Well, after, after uh, after we shot Gummo um, I knew I had a formula. I knew the formula was, uh, to repeat it. You know what I’m saying? Uh…

Lawyer 1: To repeat what?

Daniel Hernandez: To repeat the, the, the gang, uh, how, what’s the word for it, the gang, um…image, I would say. Like, like promote it? You know what I’m saying? That’s what people liked so it was like, um… It was just a formula, a blueprint I found that worked. So, I told Shotti “I want to film”. At this time after Gummo came out. Not to skip over a lot of stuff, we became very close. So, I would hang out at 370 Madison a lot. Hang out with him, um, and uh, I asked him to, um, if, if it was a good idea to film Kooda. And uh, we started filming Kooda.

Lawyer 1: At approximately when, in relation to when Gummo was released, when did you film…

Daniel Hernandez: I would say late October, early November.

Lawyer 1: How did you come up with the name “Kooda”.

Daniel Hernandez: Kooda is actually a, um, another rapper. Before I changed my style of rap, I was into this kid named Kooda. Um, I always thought his, he was a talented kid. I actually liked him a lot, so I named my song after him.

Lawyer 1: Now, Ms. Horney, if we could please show for the witness what’s been marked for identification as government exhibit 23. Mr. Hernandez, what is government exhibit 23?

Daniel Hernandez: Uh, it’s Kooda.

Lawyer 1: A picture of Kooda?

Daniel Hernandez: Yes, sir.

Lawyer 1: Fairly and accurately depicted what he looked like?

Daniel Hernandez: Yes, sir.

Lawyer 1:  Your honor, government offers government exhibits 23 and 23a.

Lawyer 2: No objections.

Judge: Received.

Lawyer 1: May we publish government exhibit 23?

Judge: Yes.

Lawyer 1: Thank you, Ms. Horney. Now, Mr. Hernandez, where was, uh, where was Kooda filmed?

Daniel Hernandez: Kooda was, Kooda was filmed um, in Brooklyn. Um, in the intersection of Fulton Avenue and Utica, I believe. Um, yeah. In like Crime Heights, Brooklyn.

Lawyer 1: Is there a housing development that’s around Utica and Fulton?

Daniel Hernandez: Yeah, uh, Smurf, Smurf Village.

Lawyer 1:  Does Smurf Village have any relationship to Nine Trey?

Daniel Hernandez: It’s, there’s Nine Trey members who live there.

Lawyer 1: Now, Mr. Hernandez, if you could turn, there’s a CD in front of you marked government exhibit 609. Ms. Horney, if we could open up just the opening frame. Prior to testimony did you review the contents of government exhibit 609?

Daniel Hernandez: Yes, sir.

Lawyer 1: What is, what is on 609?

Daniel Hernandez: Uh, video of Kooda.

Lawyer 1: Is it all of Kooda or a portion?

Daniel Hernandez: A portion.

Lawyer 1:  And also, if you could please, Ms. Horney, pull up government exhibit 609 T. Do you see 609 T in front of you?

Daniel Hernandez: Yes.

Lawyer 1: And what’s 609 T?

Daniel Hernandez: It’s the beginning of Kooda.

Lawyer 1: The lyrics?

Daniel Hernandez: The lyrics, yeah.

Lawyer 1: Your honor, the government offers government exhibit 609T.

Judge: Uh…

Lawyer 2: No objections.

Judge: Received.

[cross talk]

Lawyer 1: …if I had offered government exhibit 609.

Judge: I think that had not been offered. Any objections?

Lawyer 2: No objections.

Judge: Received.

Lawyer 1: Thank you, your honor. Now, um, Ms. Horney, could you please publish and play exhibit 609.

Judge: Should the ladies and gentlement of the jury, turn to 609 T, at this point?

Lawyer 1: Not at this point. I think we will watch the video and then we’ll turn to the lyrics.

Judge: Very good.

Lawyer 1: Thank you, Ms. Horney. If we could turn the volume down, uh, and as we with Gummo we’ll just go to certain clips in the video. And if we could go to about 20 seconds into the video. If we could go just a little [inaudible], I’m sorry. Start at 19 seconds. Play it. Stop. Mr. Hernandez, in the middle of the screen, who’s depicted there?

Daniel Hernandez: Seiko Billy.

Lawyer 1: And behind Seiko Billy in the, and I’m sorry, are you on the right side of the screen here? Are you depicted on the right side of the screen? Is that your arm?

Daniel Hernandez: That’s my hair, yeah. My arm.

Lawyer 1: And behind you, who’s behind you? Behind your arm? Did you see the…

Daniel Hernandez: Billy [inaudible]

Lawyer 1: Billy [inaudible]

Daniel Hernandez: Yeah.

Lawyer 1: Now, Ms. Horney, if we could, if we go to 30 seconds in the video… Who’s depicted, who’s depicted here, Mr. Hernandez?

Daniel Hernandez: Uh, the guy in the red jacket, blue and white, is Midnight?

Lawyer 1: And who’s Midnight?

Daniel Hernandez: Midnight, um, from my understanding, when, um, I was first introduced to Nine Trey, he was um, he was the one who had, um, had the big homie status in Smurf Village. In the housing project across the street from Kooda.

Lawyer 1: Is he Nine Trey?

Daniel Hernandez: Yes, sir.

Lawyer 1: By “big homie” does that mean he had high ranking status?

Daniel Hernandez: From my understanding, yes.

Lawyer 1: Thank you, Ms. Horney, we can take down 609. If we could pull up, please, 609 T and zoom in on the uh, on the lyrics. And your honor, at this point [inaudible] the jury…

Judge: Yeah. Ladies and gentlemen, please turn now to 609 T in your binders.

Lawyer 1: Mr. Hernandez, the first line n – word running out they mouth but they never pop out, what is that [something slams]

Daniel Hernandez: Well, the whole, the whole paragraph of, uh, it speaks about, uh, well the first line, actually it’s about, I wanted to address all the controversy that was going on, um, after Gummo was released. A lot of people didn’t understand it.

Lawyer 1: Didn’t understand what?

Daniel Hernandez: Didn’t understand how uh, I guess a kid with rainbow hair could be affiliated with Nine Trey Bloods. It just didn’t mix. So, um, the first line is “n – word running out they mouth but they never pop out”. Just in general speaking. Um like, people, if you replace “n-word” with “people”, “people running out they mouth but they never pop out”. So that’s what I meant by it.

Lawyer 1: And again, what was the, the genesis of Kooda? Why, why, why did you make Kooda? Was it in response to anything?

Daniel Hernandez: Yeah, it was a response to everything. Ah, all, all the back lash from, uh, the public. To um, you know, just, the, the, the Trippy Red stuff going on, everything, other rappers talking, you know?

Lawyer 1: In the third line it reads “all my n-word on 50 so you know we hopped out”, the phrase “on 50”, what does that mean?

Daniel Hernandez: “On 50” is to be on point. Like to be aware.

Lawyer 1: Is that, is that, a, a term associated with Nine Trey or Bloods in general?

Daniel Hernandez: Uh, bloods in general. I, I mean I just think gangs…

Lawyer 2: Objection, leading.

Lawyer 1: I’m sorry.

Judge: One moment. Sustained.

Lawyer 1: Mr. Hernandez, uh, the term “on 50”, um, how do you know about that term?

Daniel Hernandez: Well, I, I was taught about all, um, you know, well not all the terms. I learned a couple, uh, just talking with Seiko Billy and “on 50” um, you know?

Lawyer 1: Did you talk to, did you talk to other people?

Daniel Hernandez: Yeah, Shotti.

Lawyer 1: And what did they teach you?

Daniel Hernandez: Well, uh, after Kooda, uh…

Lawyer 1: Ah, I’m sorry, before Kooda, as you were writing Kooda…

Daniel Hernandez: Okay, yeah.

Lawyer 1: …[inaudible] some of the terms in the lyrics, how did you come about drafting those lyrics or coming up with those lyrics?

Daniel Hernandez: Well, me and my best friend Andrew, we write together. Uh, but you know, I would spend a lot of time, you know, with Nine Trey at 370 Maddison, always “on 50” or…

Lawyer 1: So, based on your time with Nine Trey did you learn any of their lingo or words that they used?

Daniel Hernandez: Say that one more time?

Lawyer 1: Based on your time that you spent with members of Nine Trey, did you learn about some of their lingo or words that they used?

Daniel Hernandez: Correct.

Lawyer 1: Is “on 50” one of those terms?

Daniel Hernandez: Yes.

Lawyer 1: And what does “on 50” mean?

Daniel Hernandez: To be aware.

Lawyer 1: On the next line, line 4, it reads “mobbed out, opps out, we gonna show what we about”, what are you talking about in that line?

Daniel Hernandez: So, in this line I’m saying, um, mob, mobbed out, like, mob. Referencing like, when we’re in large numbers and we’re, you know, mobbed out. “Opps out” is like opposition. Like the opps. The opposition, our opposition, our opps. So we’re mobbed out, there’s opps out, we gon’ show what we about.

Lawyer 1: Thank you, Ms. Horney. We can take down 609 T.

Judge:  Mr. [inaudible] are you done with the examination of this exhibit?

Lawyer 1: Yes, I am.

Judge: Alright. I am looking for a natural break point because I understand the Juror’s uh, uh [inaudible] Alright ladies and gentlemen….

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