LAS VEGAS (KTNV) — Duane 'Keefe D' Davis wants to bail out of jail. Davis and his attorneys plan to ask a Clark County judge on Tuesday to release him on his own recognizance.
In a motion filed by Davis' special public defenders Robert Arroyo and Charles Cano last month, they claim Davis is not a threat to the community or a flight risk.
The attorneys ask for Davis to be put on house arrest and for bail not to exceed $100,000.
According to the motion, the former Compton Crips gang leader's health has declined since his arrest in September after being indicted by a grand jury.
His attorneys said Davis "is not getting his bi-monthly checkups" and "his diet in jail is terrible."
State prosecutors filed a 180 page opposition pointing out what they said were Davis' own confessions to Tupac's murder.
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They call attention to his tell-all 2009 memoir and various interviews over the years, including with BET in 2017.
Prosecutors also argue Davis is a danger to the community because of his past criminal convictions spanning decades. Crimes range from robbery and grand theft in 1983 to 2015 when he was convicted on gun charges.
Davis maintains he was given immunity from any prosecution.
In 2009, the FBI and Los Angeles Police were investigating the murder of rapper Christopher Wallace also known as Biggie Smalls. They had built a federal drug case against Davis and gave him a proffer agreement in exchange for what he knew.
According to Greg Kading, a former LAPD detective, Davis admitted he only had knowledge of Tupac's murder and agreed to say what he knew.
Prosecutors argue it's unclear which of Davis' statements are protected under the proffer deal. Kadig said Davis violated the terms of the immunity deal by going public with statements.
"When he goes outside of that agreement publicly, all bets are off," said Kading.
Davis' bail hearing is scheduled for Tuesday morning. His trial is scheduled for June 3.
