2Pac‘s alleged killer, Duane “Keefe D” Davis, has launched a fresh bid to dismiss the charges against him for the murder of the rap legend.
In a new motion filed on Monday (January 6), the former gang member claims that his constitutional rights have been violated through an “unjustified” delay in proceedings, which have led to “dimming of memories, the death or disappearance of witnesses, and the loss or destruction of material physical evidence.”
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According to ABC News, Keefe’s attorney argues that the facts in the case have been in possession of Las Vegas police since 2009 and that the delay in charing him has “irreversibly” compromised his right to a fair trial.
The motion also claims that prosecutors have no evidence beyond Keefe D’s own testimony due to the death or incarceration of others associated with the 1996 killing, such as Death Row Records co-founder Suge Knight and his former rival Diddy, who Keefe once claimed ordered ‘Pac’s murder.
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The filing further argues that Keefe D was initially offered an immunity agreement by the authorities, which enticed him to give them details relating to the fatal shooting.
The former Compton Crip told detectives in 2008 that he was involved in the killing of 2Pac on the Las Vegas strip shortly after a Mike Tyson fight in September 1996.
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His lawyers argue that he made this admission as part of a proffer agreement, which means anything he said could not be used against him in court, and that this agreement should still be in place.
“The State of Nevada was in possession in 2009 of the facts that led to [Davis’] arrest in 2023, 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 filing reads.
“[Prosecutors] must now honor the initial proffer agreement of 2008 and the LVMPD’s promise not to prosecute Mr. Davis.”
Las Vegas police have objected to the presentation of events, saying they never promised to not arrest Keefe D and that he has also repeated his claims about 2Pac on several occasions in the years since.
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A hearing over Keefe’s motion to dismiss has been scheduled for January 21. His trial is currently set to begin on March 17.
