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Davis, 63, faces one charge of murder with a deadly weapon with the intent to promote, further or assist a criminal gang in the drive-by shooting of the rapper in Las Vegas.

Shakur was in a black BMW on Sept. 7, 1996, in Las Vegas with Death Row Records founder Marion “Suge” Knight when a white Cadillac pulled up beside them at a red light near the Las Vegas Strip, and gunfire erupted. Shakur was shot multiple times and died six days later, while Knight survived with minor injuries.

Shakur’s death is considered one of the most notorious unsolved murders in the United States. The case had gone cold until Davis began making public statements about it, including in a book he co-wrote in which he said he was in the Cadillac and provided the weapon used to shoot Shakur. The book revived detectives’ investigation, and Davis in September 2023. Davis pleaded not guilty.

The state’s case hinges on the book Davis co-authored about his time in the gang South Side Compton Crips and statements he made in YouTube interviews.

Michael Sanft, his attorney, argued that the book was fictionalized to make a profit, and that it was unclear which parts — if any — Davis actually wrote. He also argued that statements Davis made to police in 2008 and 2009 should not be used in trial because Davis thought he had immunity due to a proffer agreement that allowed him to speak to detectives without being prosecuted.

Judge Carli Kierny determined that Davis adopted the statements in the book as his own, regardless if he wrote the whole book. She said he made multiple statements describing the book as the “real truth.” She also found the statements he made to law enforcement to be voluntary, but expressed concern that Davis was told in 2008 that he would not be prosecuted for what he said in the interview.

Marc DiGiacomo, chief deputy district attorney in Clark County, said those interviews were no longer considered inadmissible when Davis chose to write and speak about the events. The state has the right to prove that what Davis wrote is true by using those interviews, he said.

“Had he decided to never write the book, he would not, probably, have ever been prosecuted for the crime,” DiGiacomo said.