SANTA MARIA, Calif. -

A Santa Maria judge has denied a request to re-instate charges against an aspiring Orcutt rap singer for making threats against a witness in a song he recorded and posted on the internet.

20 year old Anthony Murillo of Orcutt was originally charged with felonies for the rap song that contained threatening lyrics about the victim in a rape case involving his friend Shane Villalpando.

Earlier this year a different judge dismissed the charges saying the song is protected free speech.

Thursday afternoon Judge Rick Brown upheld the earlier ruling, saying while the song is reprehensible, it does not mention the rape victim by name and is therefore protected speech under the First Amendment.

The DA's Office is considering an appeal.