Tupac Shakur killing suspect's attorney seeks new battery trial

Noble Brigham, Las Vegas Review-Journal on Apr 21, 2025

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LAS VEGAS — The man accused of organizing the fatal shooting of hip-hop star Tupac Shakur has filed a motion requesting a new trial in his jailhouse battery case, based on claims a juror broke rules by talking about prison fighting during a break.

Duane “Keffe D” Davis, 61, was found guilty of counts of battery by a prisoner and challenging someone to a fight after a trial earlier this month. The charges stemmed from a Dec. 23 fight with another inmate. He awaits trial on separate allegations he orchestrated the slaying of Shakur near the Strip in 1996 as retaliation for a fight involving Shakur and his nephew.

Davis’ attorney, Carl Arnold, alleged in a Friday motion that a juror named Stephen Berkley was overheard talking to other jurors during a break “about inmates fighting and how the little guy has to work harder to preserve his reputation.”

Arnold argued those comments violated court instructions.

“His comments indicate that he had formed opinions about the case and was trying to persuade other jurors to have the same opinions as himself prior to deliberations,” the defense attorney wrote.

Reached by phone, Berkley denied talking about Davis’ case. He was speaking about his own experience in jail, he said.

Arnold’s claims appear to come from Davis’ son, Duane Davis Jr., and Richard Bond, a filmmaker, who said in affidavits that they witnessed the conversation.

“They can send his son or whoever the f— they want to come see me,” Berkley said, adding, “I’m not a person to play with.”

The Clark County district attorney’s office did not immediately respond to a request for comment.

“Our justice system depends on jurors respecting the Court’s clear instructions to ensure fair trials,” Arnold said in a statement. “In this case, a juror openly disregarded those rules and engaged in discussions reflecting preconceived opinions about the central issues before deliberations began. This clearly violates Mr. Davis’s constitutional right to a fair trial, and we seek immediate relief through a new trial.”

A hearing on the motion is scheduled for April 29.

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