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A dispute about fact vs. fiction at the trial over Tupac Shakur’s 1996 killing in Las Vegas

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LAS VEGAS — A prosecutor said Monday that while few have been willing to speak about the 1996 killing of Tupac Shakur, Duane “Keffe D” Davis is the “one person who has a hard time being silent.”

“Let’s be clear, Duane Davis did not pull the trigger. But he did plan the shooting in retaliation of the beating of his nephew,” Chief Deputy District Attorney Binu Palal told jurors at the start of Davis’ Las Vegas trial. “Remarkably, you will learn that from Duane Davis himself.”

Davis, 63, could get life in prison if he’s convicted of murder with a deadly weapon with the intent to promote, further or assist a criminal gang. He has pleaded not guilty. His lawyer in the defence opening called the prosecution’s narrative “fiction.”

Palal showed jurors video of Shakur’s entourage attacking Davis’ nephew Orlando “Baby Lane” Anderson outside the boxing match at the MGM Grand hours before the shooting on Sept. 7, 1996.

Davis spent the next two hours planning how to get even, said Palal, and Shakur was gunned down “in an act of revenge.”

Duane Davis appears in court during the third day of jury selection in his murder trial, related to the 1996 killing of rapper Tupac Shakur, at Clark County District Court Regional Justice Center on Wednesday, Aug. 12, 2026, in Las Vegas. (Steve Marc... Duane Davis appears in court during the third day of jury selection in his murder trial, related to the 1996 killing of rapper Tupac Shakur, at Clark County District Court Regional Justice Center on Wednesday, Aug. 12, 2026, in Las Vegas. (Steve Marcus/Las Vegas Sun via AP, Pool)

What he told the FBI and investigators

In a 2008 interview with a federal task force investigating the killing of Shakur’s rival, the Notorious B.I.G., Davis instead talked about the Shakur shooting. He described handing a gun to the men in the back seat of a white Cadillac that fired on a black BMW with Shakur and Marion “Suge” Knight inside.

As prosecutors played audio of Davis explaining the moment Shakur was shot, members of Shakur’s family, including his stepbrother Maurice “Mopreme” Shakur, stared ahead and listened intently from the audience.

Palal told jurors Davis held onto a visceral hatred for Shakur for decades that drove him to speak.

He said the defendant talked to the FBI in 1998 and again in 1999, admitting he had been in Las Vegas at the time of the shooting.

In 2009, he admitted to his role in the killing in an interview with Las Vegas police, Palal said.

“And now 30 years later, we’re going to ask you to finally hold Duane Davis accountable,” Palal said.

He also showed jurors the 2019 memoir that Davis co-authored, “Compton Street Legend,” that the prosecution will use and that the defence fought to keep out of the trial, along with several of the defendant’s interviews.

tupac-1.19758900 CHICAGO - MARCH 1994: Rapper Tupac Shakur poses for photos backstage after his performance at the Regal Theater in Chicago, Illinois in March 1994. (Photo By Raymond Boyd/Getty Images)

How Davis’ legal team is defending him

Davis, wearing a blue suit and tie, watched the presentation while sitting next to his attorney. He sat quietly with his hands folded on the table in front of him, occasionally nodding along as his attorney gave his opening, and often scanned the room during testimony to see who was in the gallery.

“What they are telling you, they are representing as fact, when it’s really fiction,” Sanft said.

He said Davis wasn’t previously charged for the 1996 killing because law enforcement knew that he was “full of crap.”

“There’s no facts,” he said, to back up what Davis said in his book.

The defence attorney also pointed to missing documents in the original investigation and distrust between police departments.

He called one detective’s work “biased,” “sloppy” and “incomplete.”

Briefly a suspect in Notorious B.I.G.’s death

Former Los Angeles Police Department detective Fred Miller -- assigned to the investigation of the 1997 shooting death of the Notorious B.I.G., born Christopher Wallace -- testified remotely and said that Davis had briefly been suspected in that shooting.

Davis admitted to being present at a party at the Petersen Automotive Museum in Los Angeles where Wallace and Sean “Diddy” Combs were guests. Wallace was shot as he was leaving.

Sanft objected to the inclusion of the testimony. The judge, with prosecutors’ agreement, told jurors that police do not believe Davis was involved.

Duane Davis, left, talks with his attorney Michael Sanft in Clark County District Court during a calendar call and motion hearing for Davis' upcoming trial, Tuesday, Aug. 4, 2026, in Las Vegas. (Ethan Miller/Pool Photo via AP) Duane Davis, left, talks with his attorney Michael Sanft in Clark County District Court during a calendar call and motion hearing for Davis' upcoming trial, Tuesday, Aug. 4, 2026, in Las Vegas. (Ethan Miller/Pool Photo via AP)

Most eyewitnesses are no longer alive

The story of the drive-by shooting has long gripped the hip-hop community, partly because no one was charged until Davis was indicted in 2023.

The other three men riding in the Cadillac have all died in the years since.

Retired Las Vegas police officer Garry Dale was the first of the 35 to 45 witnesses the prosecution plans to call at the trial expected to last about a month.

He testified that he and another officer stopped Knight and Shakur’s car for missing a license plate, warned them and let them go.

About 10 minutes later the officers responded to a shooting call and found EMTs pulling Shakur from the car. Dale said Knight had been grazed by bullets, but told the officers to take care of Shakur.

Dale jumped in the ambulance and asked Shakur who shot him. The retired officer said that Shakur said something like “no, we’ll take care of it.”

Brent Becker, a former Las Vegas homicide detective, testified that Knight showed up to a police interview with attorneys, which he thought was odd because Knight was a victim. Knight was timid, his interview was practiced and he told investigators he knew nothing, Becker said.

“I thought he lied to us,” Becker said in video testimony.

Becker said it was difficult to get other witnesses to talk and they “were leaning on” Davis, Anderson, Deandrae “Freaky” Smith and Terry “Bubble Up” Brown as the men in the Cadillac, but had no living witnesses who could identify them.

Duane Davis, center, stands with his attorney Michael Sanft, right, as prospective jurors enter the courtroom during the fourth day of jury selection for his murder trial in Clark County District Court at the Regional Justice Center on Thursday, Aug.... Duane Davis, centre, stands with his attorney Michael Sanft, right, as prospective jurors enter the courtroom during the fourth day of jury selection for his murder trial in Clark County District Court at the Regional Justice Center on Thursday, Aug. 13, 2026, in Las Vegas. Davis was indicted on murder charges for his involvement in the killing of rapper Tupac Shakur in 1996. (Bizuayehu Tesfaye/Las Vegas Review-Journal via AP, Pool)

Witnesses describe the night Tupac was shot

Retired Las Vegas police officer Garry Dale was the first of the 35 to 45 witnesses the prosecution plans to call at the trial expected to last about a month. He recounted how he and another officer stopped a car carrying Knight and Shakur because the vehicle didn’t have a license plate. They let the pair go with a warning.

About 10 minutes later the officers responded to a shooting call and found EMTs pulling Shakur from the car. Dale said Knight had been grazed by bullets, but told the officers to take care of Shakur.

Dale jumped in the ambulance and tried to get Shakur to tell him who shot him. The retired officer said that Shakur said something like “no, we’ll take care of it.”

The trial’s first day moved quickly. Defence objections were rare, and the prosecution let witnesses be dismissed without redirect questioning after cross-examination.

Brent Becker, a former Las Vegas homicide detective, testified that Knight showed up to a police interview with attorneys, which Becker and other law enforcement officers thought was weird because Knight was a victim. Knight was timid, and his interview was practiced, Becker said.

“It was not the `Suge’ Knight I expected,” the detective said.

Knight told investigators that he didn’t know anything.

“I thought he lied to us,” Becker said.

Becker described the difficulty of getting witnesses to talk. The four names of the people inside the Cadillac that investigators “were leaning on” were Davis, Anderson, Deandrae “Freaky” Smith and Terry “Bubble Up” Brown, the detective said. But he noted he had no living witnesses to tell him who was in the Cadillac.

Ingrid Stokes testified that she and her friends were heading home from Las Vegas when they encountered Shakur and Knight, who was friends with a woman in Stokes’ group.

tupac 1996 killing Duane Keith “Keffe D” Davis, with deputy special public defender Robert Arroyo, appears for his arraignment at the Regional Justice Center, Thursday, Nov. 2, 2023, in Las Vegas. Davis, a former Southern California street gang leader, pleaded not guilty Thursday to orchestrating a drive-by shooting that killed Tupac Shakur in 1996 in Las Vegas. (Ethan Miller/Pool Photo via AP)

Knight invited them to a nightclub, she said, and they decided to meet them there.

The car Stokes was riding in was one lane over and a car length ahead of Knight’s vehicle, when they heard gunshots while stopped at an intersection.

Stokes said they feared more gunfire and drove away, almost hitting a white four-door vehicle in the process.

When they returned to the scene, police made them sit on the sidewalk and treated them like suspects, she said. Stokes was scared to be seen in public talking about the case, worried about poor treatment from law enforcement and the potential for retribution.

“Snitches get stitches,” she said.

By Jessica Hill

Associated Press journalists Ty ONeil in Las Vegas, John Seewer in Toledo, Ohio, and Andrew Dalton in Los Angeles contributed to this report.