LAS VEGAS (KTNV) — According to Las Vegas Metro Police, Duane ‘Keefe D’ Davis talked himself into own grand jury indictment. His interviews over the years about Tupac Shakur’s murder along with his 2019 autobiography were used as evidence and presented to a grand jury.
But back in 2009, Davis struck a deal with Los Angeles investigators to tell them about what he knows about Tupac’s murder. In exchange, those statements could not be used against him in court. It’s what’s known as a proffer agreement.
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This agreement could lead to a legal entanglement in court.
Greg Kading is a former Los Angeles Police Department detective who was tasked with investigating the murder of rapper Christopher ‘Notorious B.I.G.’ Wallace. Wallace was gunned down just months after Shakur’s killing.
According to Kading, detectives had built an ironclad drug case against Davis that would compel him to be interviewed and tell the truth.
“He says ‘I really can’t tell you. I was there. I knew Biggie. But I can tell you about what had happened in Las Vegas,’” said Kading. “Alluding to Tupac’s murder.”
This exchange led to Davis’ admission of involvement in Tupac’s murder, according to Kading.
“The caveat is that we got the confession under what’s known as a proffer agreement,” said Kading. “But when he goes outside of that agreement publicly, all bets are off.”
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Kading explained the proffer agreement only protects Davis when that information is kept confidential.
“I would have made very clear to him back then that he was given that protection, but that protection was limited.” said longtime former Clark County prosecutor and current private personal injury attorney James Sweetin.
Sweetin was in the Clark County District Attorney’s office for 28 years and was there when Tupac’s murder happened. He said the standing protection of confidentiality afforded David by the LAPD proffer agreement and its contents could be an issue for prosecutors.
“A defense attorney would likely attempt to say you can’t use those statements because they were subject to what’s called a use immunity in which they cannot be used against me,” said Sweetin.
But prosecutors could also argue the protection doesn’t hold in Las Vegas because the agreement was made in another jurisdiction.
“I think another issue that they would have to deal with is the fact that it was another law enforcement agency at another location that conducted this proffer and made this agreement. The D.A.’s office here and the local law enforcement had nothing to do with that.”
Regardless of whether the proffer agreement was made in another jurisdiction, Sweetin said he is confident the D.A.’s office has collected enough evidence outside of Davis’ protected words.
“I know the prosecutor in this case and also know the D.A. very well,” said Sweetin. “I’m sure they have looked at this in detail and they have done all the math on this. I feel they would probably be fairly confident in their position or potentially they have sufficient evidence, even short of the information in the proffer to be successful in the prosecution.”
The exact language in the proffer agreement in unknown and was not presented to a grand jury.
Sweetin said there are challenges in this murder case because it happened 27 years ago.
“I would note there’s no statute of limitations for murder for a reason. It’s one of the most egregious crimes,” said Sweetin. “In cases like this, when things happened a long time ago, there always is a tradeoff. On one hand, there’s physical evidence that was new when it happened but now it’s deteriorated. Also, witnesses don’t remember things in very great detail.”
However, it’s not uncommon for suspects to speak about a crime years later, according to Sweetin.
“Believe it or not, defendants like to talk about their crimes,” said Sweetin. “I think that might be the case for Mr. Davis, and that information, those statements can be used later in a prosecution very effectively.”
Channel 13 reached out to the Clark County D.A.’s office. The office said it will not comment on the proffer agreement between LA authorities and Davis.
However, on Wednesday after Davis’ court appearance, District Attorney Steve Wolfson told reporters he’s certain the state’s evidence will prevail.
“The proof is evident, and the presumption is great that he will be convicted of first-degree murder,” said Wolfson.
Davis is being held at Clark County Detention Center with no bail at least until his next hearing on October 17.
