Could a compromise made between California authorities and the murder suspect 14 years ago endanger the Nevada prosecution of the hip-hop legend’s death? It might become messy, say experts.
Duane Keith Davis, better known as “Keefy D” or “Keffe D,” is widely thought to have persuaded himself to be arrested on a murder charge for the infamous 1996 murder of Assata Shakur in Las Vegas.
In 2009, Davis made a deal with federal investigators in Los Angeles to be completely candid about a number of subjects, including his involvement in Shakur’s murder.
Even if the agreement’s precise provisions are unknown, prosecutors most likely couldn’t use those words against him. However, this does not preclude the possibility of using Davis’ words as a tool in an investigation or the possibility that his own chattiness over the years after receiving a somewhat lax pass could harm him.
A courtroom brawl could result from the ambiguity, experts said to NBC News.
Can the Nevada prosecution use the California agreement?
“If there’s an agreement, there’s some expectation that another jurisdiction will provide full faith and credit to what this jurisdiction has done,” said Veronica Galvan, a sitting judge who previously served as an adjunct professor at the National Judicial College in Reno, Nevada.
But I would also assume that it was told to the other jurisdiction, ‘Hey, we’re getting these statements, this is what we want to do, are you cool with it?’ Additionally, the federal government often doesn’t make a claim without mentioning the location of the potential crime. Galvan remarked.
It might not be clear-cut whether Davis’ prior statements related to his disclosure to the feds are admissible in a Las Vegas courtroom.
Tom Pitaro, a criminal defense attorney in Las Vegas, expressed his confidence that Davis’s protected statements have not been used by the Clark County District Attorney’s office.
The prosecutors in this case are not inexperienced, according to Pitaro. I would assume they would not make a mistake like that given the circumstances of the case and the notoriety surrounding it, considering that it occurred nearly 30 years ago and is still being discussed today.
The Notorious B.I.G. and Tupac Shakur’s murders
Davis was given the opportunity to talk to detectives regarding the murders of Tupac Shakur and Biggie Smalls.
On March 9, 1997, Smalls, also known as The Notorious B.I.G., was shot and killed in Los Angeles; as a result, officials in Southern California gave Davis some latitude to talk about the incident.
Greg Kading, a retired LAPD robbery-homicide detective who spoke with Davis, indicated that there was a history of violence that just culminated in the killings of Tupac and Biggie.
Davis’ words were not allowed to be self-incriminating as part of the agreement, but Kading emphasized that any utterances might be used as a tool in an investigation and that whatever comments Davis makes afterward are also fair game.
“The proffer agreement merely stated that anything you say to us when you sit down and talk to us won’t be used against you. Kading argued that it wasn’t immunity.
“However, as he mistakenly assumed, when he leaves that room, that agreement does not extend to anything else in his life, so he starts to go out and brag about his involvement in the murder. Nothing about that is covered by the contract.
“We wanted to be sure we did it correctly”
Steve Wolfson, the district attorney for Clark County, expressed his confidence in the validity of the state’s evidence.
“This case is significant. Wednesday, just after Davis’ initial court appearance, Wolfson told reporters in Las Vegas, “We wanted to make sure we get it right. “We wanted to ensure that our proof was admissible in court. We needed to confirm that we had enough solid proof to proceed legally.
Last Monday, a grand jury in Clark County, Nevada, indicted Davis, 60, for the murder of Shakur in a drive-by shooting that occurred in Las Vegas on September 7, 1996.
According to Lt. Jason Johansson of the Las Vegas Metropolitan Police Department, the case was “reinvigorated” in 2018 by Davis’ “own admissions to his engagement in this homicide investigation which he provided to multiple different media outlets.”
In his 2019 memoir, “Compton Street Legend,” Davis already acknowledged that he was a passenger in the vehicle that attacked Shakur that evening. In August, during a search of Davis’ residence in Henderson, Nevada, notes and other written items connected to that book were recovered.
Criminal defendants tend to speak more freely as they age, even though doing so could be counter to their legal self-interest, according to Pitaro.
Many people experience this, he added. “I can just write a book & profit off all my crimes,” you say, “looking at (late mob boss and author) Joe Bonanno.”
Davis has also disclosed a cancer diagnosis, which is thought to be another reason for his readiness to speak up about the Las Vegas killing in 1996.
Wolfson said on Wednesday, “I don’t know his current medical state. I won’t comment on whether or not he is still battling cancer.
Comparative aspects of the Cosby case
The scandalous comedian Bill Cosby, who was found guilty in 2018 of drugging and abusing former Temple University women’s basketball administrator Andrea Constand in 2004, and Davis’ case may have some similarities.
Because Cosby made damning remarks in a civil action, the Pennsylvania Supreme Court overturned the conviction in 2021.
Cosby thought he could speak freely because former Montgomery County District Attorney Bruce Castor promised not to press charges against him in exchange for agreeing to give a deposition in the civil case.
Years later, Cosby was successfully prosecuted by new Montgomery County DA Kevin Steele, who was convinced that the comedian and his office had not made any formal agreements. The Supreme Court of the state disagreed.
Contrary to any potential problems with Davis’ statements to federal agents in California and Nevada prosecutors, the Cosby case was straightforward within the Pennsylvania office.
According to Galvan, “It’s the same business, and you are obliged by the commitments that your predecessor made because the deal was made with the office and not with you.
The Clark County District Attorney’s own admission that Davis is allegedly the lone surviving passenger in the automobile that opened fire on Shakur is the biggest obstacle to the prosecution of Davis.
Orlando Anderson, Davis’ nephew, who is thought to have pulled the gun, was killed in a gang shooting in Los Angeles in 1998.
When Davis appeared in court on Wednesday, the defendant asked for a two-week postponement so that his recently recruited defense attorney Edi Faal, who is based in California, could travel to Las Vegas. The judge accepted the motion.
But it wasn’t exactly clear how long Faal would represent Davis.
In a statement to NBC News, Faal stated, “I am charged with assisting him in retaining counsel in this case. I won’t remark on the situation.