The order was obtained by Rolling Stone after being filed by defense lawyer Mauricio Padilla, who represents one of the accused in the murder, Dedrick Williams. Two other suspects, Michael Boatwright and Trayvon Newsome, are also standing trial.
XXXTentacion, born Jahseh Onfrey, was shot dead in June 2018 after visiting a motorcycle dealership in Deerfield Beach, Florida.
Padilla tried to subpoena Drake, real name real name Aubrey Graham, last month and claims that the rapper was properly served but failed to show up.
“If deponent Aubrey Drake Graham does not appear to deposition he must appear before this court on Monday Feb. 27, 2023 at 10 a.m. EST at so the court can determine why he should not be held in contempt,” the order reads.
In his opening arguments in court on Tuesday, Padilla cited tensions between XXXTentacion and Drake in the months leading up to his death. XXXTentacion had accused Drake of ripping off his track “Look At Me!” for his own single, “KMT.”
Padilla quoted a social media post that was published from XXXTentacion’s Instagram account around the time, which reads: “If anyone tries to kill me it was @champagnepapi. I’m snitching right now.” The late rapper later claimed his account had been hacked.
There is no proof linking Drake to the trial. Padilla has also called on a number of high-profile figures in the music industry as potential witnesses, including Quavo and Joe Budden.
Judge Michael Usan granted Padilla’s petition to serve Drake with an “order to show cause” on Thursday. The deposition is scheduled to happen over Zoom on February 24.