Troy Ave is the one that should be in jail, not Taxstone. At least, that's what the Tax Season podcast personality's lawyer Ken Montgomery wrote in a letter to the judge dealing with the Irving Plaza shooting case. Both Troy and Tax were involved in the deadly shooting that took place at T.I.'s concert at the Manhattan music venue last spring.

According to court documents obtained by the folks at Bossip, Montgomery is arguing that Tax isn't a flight risk because he's got a stable source of income through his Tax Season podcast, and is also asking why Troy Ave was allowed bail even though he was also involved in the shooting and is facing an attempted murder charge. Troy was, after all, seen firing a weapon in videos of the shooting.

“After several mistakes in his life, Mr. Campbell has made efforts to change his life around and seek redemption through his occupation as a podcaster and music and entertainment insider,” reads Montgomery's letter to Judge Lorna Schofield.

Back in January, Tax was arrested for his involvement in the shooting at Irving Plaza that left Ronald "Banga" McPhatter dead and others injured. About a month later, Tax was indicted on charges of being a felon possessing a firearm and owning a gun purchased through interstate commerce.

Although both Troy Ave and Tax's DNA could be found all over the weapons in question, the Manhattan District Attorney’s Office has yet to file official murder charges against the incarcerated podcast personality or Troy Ave, as they seem to be waiting for more DNA results.

Tax was initially released on $500,000 bail, but had the bail revoked after the government implied more serious charges would be on the way. The thing is, Tax has yet to be charged with assault or murder, so it doesn't appear that claim has come to fruition.

For his part, Troy Ave is currently in the process of promoting his new project, Nupac, but the family of his former security guard--Banga--still blames the rapper for their brother's tragic death in Irving Plaza last year.

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