FORT LAUDERDALE, Fla. — A Broward County judge on Tuesday dismissed a felony fleeing and eluding charge against rapper Kodak Black that stemmed from an encounter with a Broward sheriff’s deputy earlier this year.

Just after 3 p.m. Feb. 27, a BSO deputy patrolling in Pompano Beach pulled over a pink Jeep Grand Cherokee in the area of Northwest 18th Drive and Dr. Martin Luther King Jr. Boulevard after the deputy saw it blocking traffic in the area of Northwest 15th Street and Northwest 18th Drive, according to a probable cause affidavit.

The Pompano Beach-born rapper, whose real name is Bill Kapri, got out of the Jeep as two other cars arrived to the area, according to the affidavit, one which pulled in next to the deputy’s car and “began to maneuver itself between the BSO marked unit and the suspect vehicle.” Two men, one who had a gun “clearly visible on his waistband,” also got out of the car and started to approach the deputy.

As the deputy told the men to step back from the scene, one of the men said, “I’m his security,” according to the affidavit. As the deputy waited for backup to arrive, Kapri got into the driver’s seat of the Jeep and drove away, the affidavit said.

When another deputy — minutes later — again found the Jeep in the area of Dr. Martin Luther King Jr. Boulevard near the overpass for Interstate 95, Kapri was not inside it. The driver and only person inside was identified as Terrence Henley, 47, according to the affidavit. The affidavit alleged Kapri willfully intended to evade law enforcement by fleeing in the Jeep and “changing drivers within 10 minutes.”

After a K-9 search of the Jeep, detectives found 16 grams of suspected oxycodone, about three grams of marijuana, $26,000 in cash and pieces of high-end jewelry, the affidavit said.

Kapri turned himself into jail in May on a BSO warrant for one count of fleeing and eluding law enforcement and one count of resisting an officer without violence, and the State Attorney’s Office filed only the fleeing and eluding charge against him.

Last month, defense attorney Bradford Cohen filed a motion to dismiss the charge, in part arguing that the encounter in February was not a traffic stop, that Kapri was not given any lawful order to stop or to remain at the scene “and the encounter never progressed beyond a consensual one.”

The BSO deputy parked several car lengths behind the Jeep, which had already stopped, and once Kapri got out of the Jeep, greeted him from a distance by saying, “Hey Yak, what’s goin’ on boss? You good?” according to body-worn camera footage, Cohen wrote in the motion.

Kapri responded that he was fine, and the deputy then turned to tell the other men at the scene to back up, and the deputy did not give Kapri any further instruction at that point. “The consensual encounter concluded” and Kapri got back into the Jeep and left, according to the defense motion.

“The statute specifically criminalizes disobedience of an order, and an order must actually be communicated to the driver,” Cohen wrote in the motion. “An officer’s unexpressed intent is not an order, and a driver cannot willfully refuse to obey a command he was never given.”

Broward Circuit Judge George Odom on Tuesday granted the request to dismiss the charge.

Cohen shared news of the dismissal on his social media accounts Wednesday, writing on Instagram: “Never falling off … they asked me what would happen if you lose? I guess we will never know …”

Kapri was presented a key to Pompano Beach last year. At the ceremony, Mayor Rex Hardin lauded him as “an individual whose journey from these very streets to international acclaim has been remarkable, but whose heart has never left this community.” In 2021, Donald Trump commuted Kapri’s federal prison sentence, of which he had served half of the three-year sentence for falsifying information on a document used to buy guns from a gun shop in Miami.

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