The man accused of orchestrating Tupac Shakur's 1996 murder is seeking to have his case thrown out, claiming constitutional violations and immunity agreements from previous investigations.
Duane "Keffe D" Davis, who was arrested in 2023 for the hip-hop icon's killing, filed a motion through his attorney Carl Arnold requesting dismissal of all charges. The defense argues that the 27-year delay in prosecution has severely compromised their ability to mount an effective defense.
Arnold highlighted that key witnesses have died over the decades and critical evidence has been lost or destroyed. The motion also points to a 2008 agreement where Davis allegedly received immunity in exchange for cooperating with federal investigators.
"The State of Nevada possessed the same facts in 2009 that led to Mr. Davis' arrest in 2023," Arnold stated in court documents. The defense maintains this prior immunity deal should prevent any current charges against Davis.
Prosecutors built their case largely on Davis' own statements, including details shared in his 2019 memoir and various interviews where he discussed the drive-by shooting. However, Davis claims these accounts were fabricated for entertainment and financial gain.
The prosecution, led by Marc DiGiacomo, maintains they have "voluminous" evidence showing Davis fired the fatal shots - an allegation Davis denies. He has pleaded not guilty to first-degree murder charges.
A hearing on the motion to dismiss is scheduled for January 21. If the motion fails, Davis' trial will proceed as planned on March 17. He faces possible life imprisonment if convicted.