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Now in court Prosecution case, week two — testimony resumes Monday

Tupac Shakur Murder Trial

Week one of testimony ended Friday, August 21, with prosecutors still putting on their case — roughly a dozen witnesses in, out of the 35 to 45 the state has listed. Jurors have now heard the heart of it: hours of Davis talking to police in 2008 and 2009, and clips of him telling a BET documentary crew he was the only person alive who knew who killed Tupac. Court resumes Monday, August 24 at 9:30 a.m. Pacific, with the prosecution continuing; a documentary producer's testimony was expected to carry over into Monday. The whole trial is scheduled for four to five weeks, which would put a verdict somewhere near September 13 — the anniversary of Shakur's death. — Fox 5 Vegas · CBS 6 Albany (Sinclair) · 8 News Now · ABC News · TIME

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Duane Keith "Keffe D" Davis, 63, of Henderson, Nevada · One count of murder with use of a deadly weapon, charged with a criminal-gang enhancement — the state alleges the killing was done "knowingly for the benefit of, at the direction of, or in affiliation with" a criminal gang.
Not guilty — the defense says every word linking Davis to the shooting came out of Davis's own mouth, told for book sales and attention, and that no independent evidence backs any of it up.
Clark County District Court, Nevada · Judge Carli Kierny · Prosecution: Binu Palal, Chief Deputy District Attorney, Marc DiGiacomo, Chief Deputy District Attorney · Defense: Michael Sanft (representing Davis without charge)

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Document Sheriff, Clark County v. Dhadda, 115 Nev. 175 (1999) Primary legal source · Public record ↗ Document NRS 193.168 — Criminal gang enhancement ("beyond a reasonable doubt") Primary legal source · Public record ↗ Document Clark County Courts — case lookup Nevada Eighth Judicial District Court records. · Public record ↗
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How this can end
Guilty of first-degree murder, gang finding true
Davis waived his right to have the jury decide his sentence, so Judge Kierny would pick from three options for the murder itself: life with no chance of parole, life with a first parole hearing after 20 years, or a flat 50 years with parole possible after 20. On top of that she could add 1 to 20 years for using a deadly weapon and another 1 to 20 years for the gang finding, both served after the murder term. At 63, any of those realistically means Davis dies in prison.
— NRS 200.030 — Degrees of murder; penalties · NRS 193.165 — Deadly weapon enhancement · NRS 193.168 — Criminal gang enhancement · CNN (via LocalNews8)
Guilty of first-degree murder, but jurors reject the gang claim
Same three sentencing options for the murder, plus the weapon add-on, but the extra 1-to-20-year gang term drops away. The state has to prove the gang allegation beyond a reasonable doubt, separately from the murder itself — jurors can believe he did it and still say the state did not prove it was gang business.
— NRS 193.168 — Criminal gang enhancement · NRS 200.030 — Degrees of murder; penalties
Guilty of second-degree murder
This is the lesser option — a killing without the planning and deliberation first-degree murder requires. It carries life with parole possible after 10 years, or 25 years with parole possible after 10, plus the weapon add-on. Whether jurors actually get this choice depends on the final instructions Judge Kierny reads them at the end of the case.
— NRS 200.030 — Degrees of murder; penalties
Not guilty
Davis walks out of the Regional Justice Center a free man for the first time since September 2023, and can never be tried again for Tupac Shakur's killing. An acquittal cannot be appealed by the state.
— ABC News
No verdict — a hung jury
If jurors cannot all agree, Judge Kierny declares a mistrial and nothing is decided. The District Attorney's office can then choose to try the whole case again in front of a new jury, or drop it.
— NPR

The law behind the verdict, in plain English →

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