Gang Affiliation Isn’t Proved by Bead Necklace Alone

Testimony that an individual was seen wearing the black and blue beads that are considered insignia of the Gangster Disciples was insufficient by itself to prove that the man was a member of a street gang under a state gang-affiliation law, the Virginia Supreme Court ruled June 7. (Rushing v. Commonwealth, Va., No. 111569)

“Proof that GD members wear black and blue beads does not constitute proof that all who wear black and blue beads are GD members,” the court said in an opinion by Justice Charles S. Russell.

Virginia’s street gang participation statute, Va. Code § 18.2-46.2, penalizes ...