Duane “Keefe D” Davis’ legal team is attempting to have all charges related to the fatal shooting of Tupac Shakur thrown out.
On Monday (January 6), Carl E.G. Arnold filed a motion to dismiss, arguing that the nearly 30-year delay in prosecution violated Keefe D’s constitutional rights, per ABC News. Arnold claims the “unjustified” hold-up has led to the “dimming of memories, the death or disappearance of witnesses, and the loss or destruction of material physical evidence.”
He argues authorities are relying on the “same set of facts” that the Las Vegas Metropolitan Police Department possessed “as far back as 2009.”
Arnold alleges Keefe D’s case has been “irreversibly” compromised, and his rights violated.
Additionally, the motion notes prosecutors lack corroborating evidence other than Keefe D’s own statements. Arnold argues, “Too many witnesses have died” or are incarcerated.
Furthermore, Arnold highlights an alleged “proffer agreement,” between Davis and a joint federal-Los Angeles task force in 2008, promising immunity for information regarding the shooting of Tupac Shakur.
“The State of Nevada was in possession in 2009 of the facts that led to [Davis’] arrest in 2023,” Arnold stated. “Specifically, his alleged statement that he was in the white Cadillac and handed the gun to the back seat passengers, which was utilized to shoot Tupac Shakur.”
The attorney said prosecutors “must now honor the initial proffer agreement of 2008 and the LVMPD’s promise not to prosecute Mr. Davis.”
Authorities arrested Keefe D in September 2023 for his suspected involvement in Tupac Shakur’s 1996 murder. The ex-gang leader had previously incriminated himself through statements made in interviews and his memoir. He remains detained, with his trial set to begin on March 17.
The court will discuss Keefe D’s motion to dismiss at a hearing on January 21.