The North Carolina Court of Appeals has upheld Billy Barrino’s life sentence for first-degree murder, rejecting challenges to the admission of rap lyrics, surveillance footage and jury instructions in his 2024 trial.
Barrino, 28, argued that the trial court improperly excluded self-defense instructions and allowed prejudicial evidence to influence the jury’s verdict. The appellate court found no reversible error in the proceedings.
Barrino shot and killed 24-year-old Jaleel Nivens on April 23, 2022, in a parking lot at the Monroe Housing Authority on Boyte Street. According to court records, Barrino was filming a music video with a group when an argument erupted.
Witnesses testified that Nivens began yelling before allegedly pulling a gun and firing toward Barrino’s feet. Barrino pushed Nivens away and fired two shots, killing him at the scene. Authorities arrested Barrino three days later. A jury convicted him in October 2024.
Barrino challenged the admission of rap lyrics he wrote while incarcerated before trial. The lyrics referenced Nivens and Barrino’s brother, Jaquavious Allen, who was killed in 2021.
Prosecutors argued Barrino killed Nivens in retaliation for Allen’s death. Robert Ashcraft, Nivens’ cousin, was convicted of manslaughter in Allen’s killing.
The appeals court upheld the lyrics’ admission, citing precedent recognizing that rap lyrics may be relevant to identity, motive and intent. The court also concluded Barrino failed to establish that the trial judge abused their discretion.
Barrino further argued that jurors should have received instructions explaining North Carolina’s stand-your-ground protections and the absence of a duty to retreat in certain circumstances.
However, the court noted that Barrino’s attorney did not object when the agreed-upon instructions were changed.
“If a defendant fails to object to the trial court’s instructions, he has failed to preserve the issue for appellate review,” the opinion stated.
The court also rejected Barrino’s challenge to surveillance footage. They found that glitches and gaps obscuring the shooting did not render the recording improperly authenticated, unreliable or misleading.
Barrino remains incarcerated at Alexander Correctional Institution in Taylorsville. He may seek further review by the North Carolina Supreme Court.
