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Superstar rapper Travis Scott should not be held responsible for planning failures before the 2021 Astroworld tragedy or the delayed process of ending the show as it spiraled into disaster, his lawyer told a Houston court Monday.

Scott is asking a judge to dismiss him from the case brought by the parents of Madison Dubiski, a 23-year-old who was one of 10 festival-goers who died.

All 10 were killed by compression asphyxia, which means they were unable to fill their lungs with oxygen because they were so tightly packed into an area in front of the stage during Scott’s set.

The hearing came as the first lawsuit stemming from the disaster nears trial on May 6. The trial’s outcome could serve as a bellwether for hundreds more relating to deaths and injuries at the festival.

Scott and his business partner in the ill-fated festival, the international concert conglomerate Live Nation, also argued Monday that if they are forced to go to trial, they should be allowed to attempt to shift blame for poor crowd management to the Houston Police Department and Houston Fire Department.

Judge Kristen Brauchle Hawkins did not immediately issue any decisions.

Scott says he should not face trial

The hearing Monday involved more than a half-dozen motions and lasted four-and-a-half hours.

One of the most hotly contested questions was whether Scott, who grew up in Missouri City, should have to stand trial along with the concert promoter Live Nation and other entities involved in planning the 2021 festival.

A Harris County grand jury last summer declined to indict Scott for his role in the tragedy.

Scott’s attorney, Stephen Brody, downplayed the role the rapper played in the planning and lead-up to the festival. Scott's duties were limited mostly to marketing and creative matters, Brody argued. The litany of planning missteps the plaintiffs have identified do not apply to him, Brody said.

Even Scott’s demand that he be the sole performer to use the stage where the crowd crush happened, which experts say may have contributed to the overcrowding there, was approved by the venue operator, Brody said.

On the day of the performance, when concertgoers were packed so tightly that many could not breathe, Scott’s lawyer argued that in the specific case of Dubiski, there was no way Scott could have saved her life by stopping the show earlier.

On the night of the festival, 37 minutes passed between when police and fire declared it a “mass casualty” event and when Scott’s performance came to an end.

Although there is much debate over why the show took so long to stop, Dubiski was transported to a medical tent before the point when Scott was told to end his performance, Brody said.

“Tragically, Madison Dubiski is already receiving care in the medical tent, according to plaintiffs' expert, by 9:55 that night. So whether the show had been stopped at 10 p.m. or 10:11 p.m., tragically would have made no difference to Ms. Dubiski,” Brody said.

‘This event was Travis Scott’s festival‘

Plaintiffs’ lawyer Noah Wexler pushed back on the idea that Scott’s role in the lead up to the festival was limited.

“This event was Travis Scott’s festival, Travis Scott’s event, and it was created through his tour agreement with Live Nation,” Wexler said.

Wexler noted that several festival organizers had tried to stop the event from ending with Scott’s solo performance on a stage reserved for him alone, only to be overruled by people in Scott’s camp.

“It was Travis Scott demanding to be the only one playing at the conclusion of this oversold festival, knowing that all the patrons would migrate to that stage and there would be nothing else to attract them to,” Wexler said.

The two sides also argued over whether Scott has fulfilled his obligation to hand over evidence that could be used at trial. Scott’s claim that he dropped the phone he was using at the time of the festival into the Gulf of Mexico has led to extensive disputes.

Wexler called Scott’s communications before and during the festival a “black hole,” leading the rapper’s lawyers to assert that he has gone to great lengths to try to recover the missing data.

Can police be blamed?

The two sides also argued over whether festival promoters can attempt to blame police, firefighters and Harris County for the disaster.

In legal briefs filed last week, Live Nation said Houston’s police and fire departments willingly took on the task of providing safety at the event in exchange for more than $500,000 in payments.

If the plaintiffs are correct that the festival’s venue design was fatally flawed, the defendants argue, the fire department may bear responsibility for approving those plans.

“Just so it’s clear, does that mean I'm saying it’s all their fault? Of course not,” said Neal Manne, one of the company’s lawyers. “The jury ought to get to hear the evidence and make its own decision.”

The judge did not immediately rule on the motion.

Drake will not face trial

While Scott’s role in the trial remains undecided, Hawkins last week decided to drop another hip-hop household name.

The judge said Drake will not face trial. The Canadian rapper appeared on stage with Scott as a surprise guest star during the final minutes of the concert, after reports of fatalities were beginning to spread.

Drake’s attorneys had argued that he had no way of knowing the concert was turning into a disaster, and that he bore no responsibility for the planning or execution of the festival. Hawkins did not explain her reasoning.

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