Just days before the start of Lil Durk‘s murder-for-hire trial, his defense team is contesting one of the charges.

The Chicago rapper’s lawyers have requested a federal judge to dismiss a stalking conspiracy charge, arguing that prosecutors have not specified which supposed victim Durk and his co-defendants allegedly aimed to harm.

The count in question mentions two individuals only by initials: T.B. and S.R. These initials refer to Quando Rondo, whose real name is Tyquian Bowman, and his cousin Saviay’a “Lul Pab” Robinson. Robinson was killed in an August 2022 shooting near Los Angeles’ Beverly Center, which prosecutors claim was directed at Rondo.

Durk’s attorneys contend, “The Fourth Superseding fails to allege that Mr. Banks had the intent to harm a particular victim,” arguing that this omission renders the charge invalid.

A Complex Trial Ahead For Lil Durk

The defense highlights the potential issue of jurors reaching a guilty verdict without consensus. They argue that some jurors might believe the stalking conspiracy targeted Rondo, while others might think Robinson was the intended victim. This could mean all 12 jurors could vote for conviction without agreeing on the specific offense.

“This creates a danger that a jury could find a defendant guilty without reaching a unanimous consensus on the commission of any single, particular offense,” the legal team states. They also criticize the government’s proposed instructions for Count Two, noting the lack of a specified victim.

This objection follows prosecutors separating other stalking allegations by victim. Durk asserts that leaving the broader conspiracy charge unchanged introduces ambiguity that should not be present during jury deliberations.

Prosecutors oppose the dismissal, and U.S. District Judge Michael Fitzgerald will hear arguments on this matter on August 18.

The trial will likely proceed with six charges after Fitzgerald separated newer allegations related to the 2022 Chicago killing of Stephon Mack. That case will be addressed separately and has no trial date yet.

The decision on the stalking motion is expected before jury selection begins on August 20. If Fitzgerald rules in Durk’s favor, one charge will be dropped before the trial starts. If not, the defense plans to challenge the prosecution’s clarity on the alleged stalking target in their arguments.