What's a proffer agreement? Keefe D's legal team attempts to have Tupac Shakur's murder charges dismissed citing promised immunity

On Monday, January 6, the legal team of Keefe D's legal team filed a motion to dismiss the murder charges placed on the rapper in court. The charges were related to the fatal shooting of Tupac Shakur, in 1996.

In his filing, attorney Carl Arnold highlighted the proffer agreement made between Keefe D, legally named Duane Keith Davis, and the joint federal LA task force in 2008, which promised the rapper immunity, adding that the prosecutors:

"must now honor the initial proffer agreement of 2008 and the LVMPD’s promise not to prosecute Mr. Davis.”

According to ScrofanoLaw, a proffer agreement is a written contract between a person under a criminal investigation, or a defendant and a federal prosecutor. The agreement takes place when the defendant agrees to offer information useful in a particular investigation, on the condition that their statement will not be used against them in any future criminal proceedings.

As part of this agreement, the prosecutor will either offer the defendant immunity from prosecution or a favorable plea deal regarding their sentencing. Per ABC News' January 7 report, Keefe was offered the former.

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Keefe D was arrested in relation to Tupac's murder in 1996

According to ABC News, Keefe D became the only man who was charged with Tupac Shakur's murder in an investigation that has stretched longer than two decades.

Davis was arrested two years ago, in September 2023, for his suspected involvement in the 1996 murder. However, his attorneys are now filing to get the charges dismissed on the basis of the argument that the 30-year-delay in the murder prosecution violates the constitutional rights of their client, with Arnold adding:

"Las Vegas Metropolitan Police Department as far back as 2009 was in possession of the same set of facts that the Clark County District Attorney is now alleging makes Mr. Davis responsible for the murder of Tupac Shakur."

He also claimed that the Clarks County District Attorney's Office failed to offer any reason "why it waited another 14 years to prosecute a case against" Keefe.

Calling the lengthy hold-up "unjustified," Keefe D's attorney also highlighted in court how many witnesses from the case have either died or disappeared, and of those who remain, their memories have dimmed.

Much of the physical evidence related to the case has also been lost or destructed over the years. Consequently, claiming that Keefe's case has been "irreversibly" compromised. Carl Arnold further stated:

"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 court will discuss the motion of Keefe D's case's dismissal on January 21. The rapper is currently detained, with the beginning date of his trial scheduled for March 17, 2025.

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The link between Keefe D and Diddy explored

The appeal for the dismissal of Keefe D's case comes two months after the link between him and P. Diddy was explored.

According to a Style article published on October 10, 2024, Greg Kading, one of the lead investigators assigned to Tupac Shakur's murder case, talked about the link between Keefe D and Diddy. Per Kading, Combs allegedly hired members of the notorious Crisp gang back in 1995, a year before Shakur was shot. Claiming, Keefe was a member of the gang.

However, Diddy has long denied any connection to Tupac Shakur's death