Billy Barrino will remain behind bars after the North Carolina Court of Appeals upheld his life sentence for first-degree murder, rejecting his challenges to evidence and jury instructions used in his 2024 trial.
Barrino, 28, argued that the trial court made errors by admitting rap lyrics he wrote while incarcerated, allowing surveillance footage to be presented and failing to provide certain jury instructions related to self-defense.
In its ruling, the appeals court found no reversible error that would justify overturning his conviction.
The case stems from the fatal shooting of 24-year-old Jaleel Nivens on April 23, 2022, in a parking lot at the Monroe Housing Authority on Boyte Street in Monroe, North Carolina.
According to court records described in the case, Barrino was filming a music video with a group when an argument broke out. Witnesses testified that Nivens began yelling and allegedly pulled a gun before firing toward Barrino’s feet.
Barrino then pushed Nivens away and fired two shots, killing him at the scene. Authorities arrested Barrino three days later, and a jury convicted him in October 2024.
Court Upholds Rap Lyrics Evidence
One of Barrino’s central arguments on appeal concerned lyrics he wrote while in custody before trial. The material referenced Nivens and Barrino’s brother, Jaquavious Allen, who was killed in 2021.
Prosecutors argued that Barrino killed Nivens in retaliation for Allen’s death. Robert Ashcraft, Nivens’ cousin, was convicted of manslaughter in connection with Allen’s killing.
The appeals court upheld the admission of Barrino’s lyrics, citing legal precedent recognizing that rap lyrics may be relevant to questions such as identity, motive and intent, depending on the circumstances of a case.
The court also concluded that Barrino had not shown that the trial judge abused their discretion in admitting the material.
The decision does not establish that rap lyrics are automatically admissible in every criminal case. Their relevance and admissibility depend on the evidence and legal issues involved.
Self-Defense Instructions and Video Evidence
Barrino also challenged the jury instructions, arguing that jurors should have been told about North Carolina’s stand-your-ground protections and the circumstances in which a person has no duty to retreat before using lawful self-defense.
However, the appellate court noted that his attorney did not object when the agreed-upon instructions were changed.
The opinion explained that a defendant who fails to object to jury instructions generally does not preserve that issue for appellate review.
The court separately rejected Barrino’s challenge to surveillance footage of the incident. Although the recording contained glitches and gaps that obscured parts of the shooting, the judges concluded that these issues did not make the footage improperly authenticated, unreliable or misleading.
Barrino remains incarcerated at Alexander Correctional Institution in Taylorsville, North Carolina.
He may seek further review from the North Carolina Supreme Court, although the supplied material does not establish whether such a petition has been filed.
The appellate ruling leaves Barrino’s first-degree murder conviction and life sentence intact, marking another legal setback in his effort to overturn the verdict.
