A Los Angeles police officer who faced multiple felonies for recording his colleagues making racist, sexist and homophobic comments will now likely avoid jail time under a new agreement with prosecutors, Los Angeles County’s district attorney said Wednesday.
Dist. Atty. Nathan Hochman announced he would reduce 16 felony eavesdropping counts against Officer Daniel Flores to misdemeanors, and that the case would likely resolve in court through a diversion agreement.
The announcement came after Hochman faced backlash for the decision to prosecute Flores, with L.A. Mayor Karen Bass and even some of his own prosecutors criticizing the filing as “insane” and a deterrent for police looking to expose corruption and misconduct within their ranks.
The district attorney acknowledged the public reaction to the case as he spoke downtown Wednesday morning, and said he wanted to make “crystal clear” his intentions were to blunt illegal investigative practices by police, rather than discourage cops who want to report bad behavior.
“The message was not being clearly interpreted about us being protective of whistleblowers,” he said.
Flores’ attorney, ex-L.A. County prosecutor Alan Jackson, said he expected to request a diversion agreement for Flores in a downtown courtroom on Thursday.
“Following this disposition, 16 felonies will be dismissed with no plea, no punishment, and no record, because Daniel Flores told the troubling truth about what he heard inside his own department. As the investigators themselves concluded, there was no reasonable expectation of privacy in this open-plan LAPD office,” he said. “That isn’t eavesdropping, it’s being a witness. Mr. Flores has committed no crime.”
If a judge accepts a diversion agreement, Flores would have to satisfy certain terms and conditions for about a year. If he does so, the case would be dismissed.
An LAPD spokesman referred all questions to the district attorney’s office. While misdemeanor prosecutions in Los Angeles are normally handled by the city attorney’s office, the D.A. can keep possession of the case because it was initially filed as a felony, according to a district attorney’s office spokesman.
Flores made more than 100 recordings of his colleagues in the Los Angeles Police Department’s recruitment division last year,capturing other officers making an array of racist, homophobic and sexist remarks. Comments included a joke about a legendary L.A. Dodgers pitcher who was Latino dying because he “ate too many tacos,” and referring to stereotypes about Black people enjoying eating watermelon and playing basketball. One officer was recorded calling a young LAPD recruit “rapeable,” according to court records.
If convicted of the original charges, Flores could have faced up to 13 years in prison.
California is a “two-party consent” state, meaning it is a crime for someone to record a conversation without the permission of other participants, unless there is a court order granting authority to do so. Flores’ attorneys have argued that his actions were allowed under the California Invasion of Privacy Act because he was acting in the course of his duties as a police officer.
Flores lodged a complaint with the LAPD’s inspector general’s office and has said he hoped the officers he taped making inappropriate remarks would face discipline.
The decision to charge Flores drew relentless criticism from a number of groups. Bass said she worried about the potential chilling effect on other police whistleblowers.
Last week, City Councilmember Hugo Soto-Martínez introduced a resolution condemning Hochman for bringing “felony charges against a City employee who reported workplace discrimination through official channels” and urging him to drop the charges.
Hochman told reporters that his office assessed the case with the same rigor as it would any other. In bringing the charges, he said he wanted to thread the needle between punishing the illegal recording and not dissuading whistleblowers from coming forward.
He suggested that he could have technically charged Flores with 122 felony counts, one for each recording that he made. Hochman also reiterated Wednesday that he felt it was important to file the case at a time when new products like Meta Glasses make it even easier to surreptitiously record people.
“If you go ahead and illegally eavesdrop in our community, you will face criminal prosecution for doing it, so don’t take out your cellphones and or your smart glasses or anything else,” he said, while encouraging whistleblowers to work with the D.A.’s office to gather evidence in the future.
Flores had pleaded not guilty at his arraignment in a downtown courtroom last week, with a team of high-powered lawyers in tow. His next court date was set for Sept. 9.
The second-guessing of Hochman’s decision ramped up earlier this month after the D.A., in an unusual move, filed a 27-page motion asking for a lengthy preliminary hearing in the case. The filing alleged Flores deceptively edited the recordings to hide his own insensitive remarks and suggested he was motivated by a desire to win a large legal settlement in court.
Hochman’s motion referred to the officers’ remarks as “locker room talk” — a characterization that was seized on by Flores’ legal team.
Jackson, a former L.A. County prosecutor, accused Hochman of contradicting himself, questioning the D.A.’s efforts to justify the officers’ coarse language.
Several county prosecutors, who spoke to The Times on the condition of anonymity for fear of reprisal, called Hochman’s decision to file his own motion in the case bizarre and unprecedented. While they privately lauded him for backing down on Wednesday, some said Hochman’s turn from zealously defending the filing to public capitulation in the span of two weeks was embarrassing for the office.
“From charging to doubling down to reducing to misdemeanors, this just makes it worse,” one prosecutor said. “The filing was inappropriate but then to bend to public pressure isn’t appropriate either.”
The motion, Jackson noted, relied heavily on the observations of the officers against whom Flores had leveled claims — and who were under internal investigation by the LAPD.
Flores filed a lawsuit in June accusing the LAPD of retaliating against him after he reported misconduct.
When reached for comment on Flores’ lawsuit, a spokesperson for the LAPD’s inspector general’s office said it was barred by state law from disclosing information about individual cases, but added that its practice is to refer all “complaints of employee misconduct” to Internal Affairs.
Nearly 30 years after Tupac Shakur was gunned down near the Las Vegas Strip in a killing that rocked the rap world, the trial of the man prosecutors allege did everything but pull the trigger got underway Monday with new revelations.
Nevada prosecutors allege Duane “Keffe D” Davis, a one-time Compton gang member, orchestrated Shakur’s killing as revenge for an attack on his nephew hours earlier and are using Davis’ own words in interviews and a book he co-authored as evidence.
In opening statements, prosecutors said an ugly gang rivalry on the streets of Compton led to the slaying of Shakur, a famed rapper and actor, who died six days after he was shot.
The Sept. 7, 1996, shooting, they said, was rooted in a war between Southside Crips-Burris Street, led by Davis, and Mob Piru, a gang long associated with Death Row Records. Shakur was closely affiliated with Death Row, and the record company’s boss, Marion “Suge” Knight, was inside his car the night he was attacked.
In court testimony Monday, it was revealed that Shakur was conscious after the shooting en route to the hospital but did not cooperate with authorities.
The first witness, Garry Dale, a Las Vegas Metro police officer, testified that he saw Shakur pulled out of the car with gunshot wounds and rode in the ambulance with him.
When he asked Shakur who shot him, the rapper replied, “‘No, we’ll take care of it,’” Dale said. “I couldn’t get him to talk any further.”
Duane “Keffe D” Davis is accused of murder in the 1996 killing of hip-hop icon Tupac Shakur.
(Steve Marcus / Associated Press)
The incident, according to Clark County Chief Deputy Dist. Atty. Binu Palal, followed a violent confrontation at a Mike Tyson fight earlier that night in Las Vegas. Palal showed video of Shakur’s entourage attacking Davis’ nephew Orlando Anderson. Travon Lane, a Mob Piru member, had spotted Anderson in the MGM Grand hotel lobby. Months earlier, Anderson stole Lane’s Death Row Records chain in the Lakewood mall during an attack.
The rivalry between the groups grew after the Southside Crips became the West Coast security for Sean “Diddy” Combs’ record label, prosecutors said.
“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,” Palal said. “Remarkably, you will learn that from Duane Davis himself.”
Palal noted that Shakur’s shooting was followed by numerous slayings in Compton, including that of an 11-year-old girl.
“In this world, silence means survival,” Palal said. “The one person who has had a hard time being silent is Duane Davis.”
The prosecutor played parts of an interview with a Los Angeles Police Department federal task force in 2008 in which Davis acknowledged his role in the rapper’s fatal shooting. They also cited other interviews as well as his own memoir.
The prosecutor said Davis got the gun from Eric Zip Martin, an East Coast drug dealer associated with Combs’ Bad Boy Entertainment.
“He admits putting the gun he obtained that night in the back seat of the vehicle so the shooters could shoot,” the prosecutor said. “You will learn that Duane Davis got the gun. … You will learn that he got into a white Cadillac. You will learn when the opportunity presented itself for retribution, Duane Davis made sure that the shooter was armed and ready to execute their revenge.”
Palal said Davis and his crew set out in search of Knight and Shakur. In multiple accounts, including in his book “Compton Street Legend,” Davis wrote that they spotted the Death Row caravan stopped at a red light, with Shakur waving to female fans while hanging out of the BMW window.
“Tupac, he gave himself away,” Davis said in the recording played in court. “Otherwise, they would’ve got away.”
Davis was arrested in 2023 and indicted for masterminding the killing and providing the gun.
Rapper Tupac Shakur is show at Club Amazon in New York on July 23, 1993.
(Al Pereira / Getty Images)
Michael Sanft, Davis’ defense attorney, told jurors there will be no evidence linking his client to the shooting.
“There are no facts to point to Keffe — not one,” he said. “You’re going to hear about this over and over again.”
Sanft recounted decades of probes and noted that prior investigations did not take his client’s statements seriously because they were not credible. “He treats that book like it’s fact,” Sanft said of a lead detective in the case. The defense attorney, in an unusual move, repeatedly undermined his own client’s credibility.
Sanft portrayed Las Vegas police as incompetent, with lost records, and the LAPD and then Compton police as corrupt.
“What facts do they have to put Keffe D in a car in 1996? When you look at the video in 1996, do you see Keffe D?” he added, referencing the lobby beating.
Sanft said Death Row’s security chief was Reggie Wright Jr., a felon and former Compton police officer whose father led the Compton police gang unit. He said the former officer was not with Knight and ordered his security team not to carry firearms. The defense lawyer cast Davis’ memoir as fiction and said there was no evidence his client was in Las Vegas.
The prosecutor, however, told jurors that Davis, from 1998 to 2023, made several incriminating statements and, in 1998, admitted to the FBI to being in Las Vegas at the time of Shakur’s slaying.
Davis, according to prosecutors, told investigators during a secret meeting he “was mad about Orlando Anderson’s beating” and he was the boss who got the firearm and was in the white Cadillac. When Greg Kading, an LAPD detective who led the task force, left policing and later published a book revealing Davis’ role, it made Davis want to go public, according to the prosecution.
“Greg Kading is profiting off Duane Davis’ life story,” Palal said. By the time the book was released, the others who were allegedly in the car the night of the shooting were dead. Anderson was killed and Smith passed away. In 2019, after a series of interviews, Davis published his own book, which, full of bravado, gave a similar account of Shakur’s killing as that of the federal task force. The prosecutor then played an interview from the time of the book’s release, in which Davis justified his actions.
Rap mogul Marion “Suge” Knight appears in court in 2018 in an unrelated case.
(Irfan Khan / Los Angeles Times)
Ingrid Stokes, one of four women in a car that had been following Shakur the night of the attack testified that she freaked out and screamed, then fled the scene, telling police she “didn’t see anything” because “snitches get stitches.”
A third witness who testified Monday, former Las Vegas Metro Det. Brent Becker, said he interviewed Knight about the beating in the MGM Grand lobby, and Knight said he basically “didn’t know anything.” By 1997, detectives suspected that Davis was in the Cadillac that opened fire on Shakur, he testified.
Davis, now 63, has pleaded not guilty to murder with a deadly weapon with the intent to promote, further or assist a criminal gang. In recent weeks, he’s denied being in the Cadillac or Las Vegas that night and, in interviews with Las Vegas TV stations, blamed a former head of Death Row Records security.
“I had nothing to do with nobody’s murder,” he told interviewers.
Prosecutors are expected to call witnesses to support Davis’ claims from over the years. Davis’ lawyers will seek to portray him as a fabricator — his bragging is all fiction. Davis has done the same with Las Vegas reporters.
“I did not write the book; a ghostwriter wrote that book,” Davis said in a recent jailhouse interview. “I was trying to make my family some money.”
D.A. reduces charges against LAPD officer who recorded racist remarks
A Los Angeles police officer who faced multiple felonies for recording his colleagues making racist, sexist and homophobic comments will now likely avoid jail time under a new agreement with prosecutors, Los Angeles County’s district attorney said Wednesday.
Dist. Atty. Nathan Hochman announced he would reduce 16 felony eavesdropping counts against Officer Daniel Flores to misdemeanors, and that the case would likely resolve in court through a diversion agreement.
The announcement came after Hochman faced backlash for the decision to prosecute Flores, with L.A. Mayor Karen Bass and even some of his own prosecutors criticizing the filing as “insane” and a deterrent for police looking to expose corruption and misconduct within their ranks.
The district attorney acknowledged the public reaction to the case as he spoke downtown Wednesday morning, and said he wanted to make “crystal clear” his intentions were to blunt illegal investigative practices by police, rather than discourage cops who want to report bad behavior.
“The message was not being clearly interpreted about us being protective of whistleblowers,” he said.
Flores’ attorney, ex-L.A. County prosecutor Alan Jackson, said he expected to request a diversion agreement for Flores in a downtown courtroom on Thursday.
“Following this disposition, 16 felonies will be dismissed with no plea, no punishment, and no record, because Daniel Flores told the troubling truth about what he heard inside his own department. As the investigators themselves concluded, there was no reasonable expectation of privacy in this open-plan LAPD office,” he said. “That isn’t eavesdropping, it’s being a witness. Mr. Flores has committed no crime.”
If a judge accepts a diversion agreement, Flores would have to satisfy certain terms and conditions for about a year. If he does so, the case would be dismissed.
An LAPD spokesman referred all questions to the district attorney’s office. While misdemeanor prosecutions in Los Angeles are normally handled by the city attorney’s office, the D.A. can keep possession of the case because it was initially filed as a felony, according to a district attorney’s office spokesman.
Flores made more than 100 recordings of his colleagues in the Los Angeles Police Department’s recruitment division last year,capturing other officers making an array of racist, homophobic and sexist remarks. Comments included a joke about a legendary L.A. Dodgers pitcher who was Latino dying because he “ate too many tacos,” and referring to stereotypes about Black people enjoying eating watermelon and playing basketball. One officer was recorded calling a young LAPD recruit “rapeable,” according to court records.
If convicted of the original charges, Flores could have faced up to 13 years in prison.
California is a “two-party consent” state, meaning it is a crime for someone to record a conversation without the permission of other participants, unless there is a court order granting authority to do so. Flores’ attorneys have argued that his actions were allowed under the California Invasion of Privacy Act because he was acting in the course of his duties as a police officer.
Flores lodged a complaint with the LAPD’s inspector general’s office and has said he hoped the officers he taped making inappropriate remarks would face discipline.
The decision to charge Flores drew relentless criticism from a number of groups. Bass said she worried about the potential chilling effect on other police whistleblowers.
Last week, City Councilmember Hugo Soto-Martínez introduced a resolution condemning Hochman for bringing “felony charges against a City employee who reported workplace discrimination through official channels” and urging him to drop the charges.
Hochman told reporters that his office assessed the case with the same rigor as it would any other. In bringing the charges, he said he wanted to thread the needle between punishing the illegal recording and not dissuading whistleblowers from coming forward.
He suggested that he could have technically charged Flores with 122 felony counts, one for each recording that he made. Hochman also reiterated Wednesday that he felt it was important to file the case at a time when new products like Meta Glasses make it even easier to surreptitiously record people.
“If you go ahead and illegally eavesdrop in our community, you will face criminal prosecution for doing it, so don’t take out your cellphones and or your smart glasses or anything else,” he said, while encouraging whistleblowers to work with the D.A.’s office to gather evidence in the future.
Flores had pleaded not guilty at his arraignment in a downtown courtroom last week, with a team of high-powered lawyers in tow. His next court date was set for Sept. 9.
The second-guessing of Hochman’s decision ramped up earlier this month after the D.A., in an unusual move, filed a 27-page motion asking for a lengthy preliminary hearing in the case. The filing alleged Flores deceptively edited the recordings to hide his own insensitive remarks and suggested he was motivated by a desire to win a large legal settlement in court.
Hochman’s motion referred to the officers’ remarks as “locker room talk” — a characterization that was seized on by Flores’ legal team.
Jackson, a former L.A. County prosecutor, accused Hochman of contradicting himself, questioning the D.A.’s efforts to justify the officers’ coarse language.
Several county prosecutors, who spoke to The Times on the condition of anonymity for fear of reprisal, called Hochman’s decision to file his own motion in the case bizarre and unprecedented. While they privately lauded him for backing down on Wednesday, some said Hochman’s turn from zealously defending the filing to public capitulation in the span of two weeks was embarrassing for the office.
“From charging to doubling down to reducing to misdemeanors, this just makes it worse,” one prosecutor said. “The filing was inappropriate but then to bend to public pressure isn’t appropriate either.”
The motion, Jackson noted, relied heavily on the observations of the officers against whom Flores had leveled claims — and who were under internal investigation by the LAPD.
Flores filed a lawsuit in June accusing the LAPD of retaliating against him after he reported misconduct.
When reached for comment on Flores’ lawsuit, a spokesperson for the LAPD’s inspector general’s office said it was barred by state law from disclosing information about individual cases, but added that its practice is to refer all “complaints of employee misconduct” to Internal Affairs.
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A Compton gang war and bitter revenge plot led to Tupac Shakur’s slaying, D.A. says
Nearly 30 years after Tupac Shakur was gunned down near the Las Vegas Strip in a killing that rocked the rap world, the trial of the man prosecutors allege did everything but pull the trigger got underway Monday with new revelations.
Nevada prosecutors allege Duane “Keffe D” Davis, a one-time Compton gang member, orchestrated Shakur’s killing as revenge for an attack on his nephew hours earlier and are using Davis’ own words in interviews and a book he co-authored as evidence.
In opening statements, prosecutors said an ugly gang rivalry on the streets of Compton led to the slaying of Shakur, a famed rapper and actor, who died six days after he was shot.
The Sept. 7, 1996, shooting, they said, was rooted in a war between Southside Crips-Burris Street, led by Davis, and Mob Piru, a gang long associated with Death Row Records. Shakur was closely affiliated with Death Row, and the record company’s boss, Marion “Suge” Knight, was inside his car the night he was attacked.
In court testimony Monday, it was revealed that Shakur was conscious after the shooting en route to the hospital but did not cooperate with authorities.
The first witness, Garry Dale, a Las Vegas Metro police officer, testified that he saw Shakur pulled out of the car with gunshot wounds and rode in the ambulance with him.
When he asked Shakur who shot him, the rapper replied, “‘No, we’ll take care of it,’” Dale said. “I couldn’t get him to talk any further.”
Duane “Keffe D” Davis is accused of murder in the 1996 killing of hip-hop icon Tupac Shakur.
(Steve Marcus / Associated Press)
The incident, according to Clark County Chief Deputy Dist. Atty. Binu Palal, followed a violent confrontation at a Mike Tyson fight earlier that night in Las Vegas. Palal showed video of Shakur’s entourage attacking Davis’ nephew Orlando Anderson. Travon Lane, a Mob Piru member, had spotted Anderson in the MGM Grand hotel lobby. Months earlier, Anderson stole Lane’s Death Row Records chain in the Lakewood mall during an attack.
The rivalry between the groups grew after the Southside Crips became the West Coast security for Sean “Diddy” Combs’ record label, prosecutors said.
“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,” Palal said. “Remarkably, you will learn that from Duane Davis himself.”
Palal noted that Shakur’s shooting was followed by numerous slayings in Compton, including that of an 11-year-old girl.
“In this world, silence means survival,” Palal said. “The one person who has had a hard time being silent is Duane Davis.”
The prosecutor played parts of an interview with a Los Angeles Police Department federal task force in 2008 in which Davis acknowledged his role in the rapper’s fatal shooting. They also cited other interviews as well as his own memoir.
The prosecutor said Davis got the gun from Eric Zip Martin, an East Coast drug dealer associated with Combs’ Bad Boy Entertainment.
“He admits putting the gun he obtained that night in the back seat of the vehicle so the shooters could shoot,” the prosecutor said. “You will learn that Duane Davis got the gun. … You will learn that he got into a white Cadillac. You will learn when the opportunity presented itself for retribution, Duane Davis made sure that the shooter was armed and ready to execute their revenge.”
Palal said Davis and his crew set out in search of Knight and Shakur. In multiple accounts, including in his book “Compton Street Legend,” Davis wrote that they spotted the Death Row caravan stopped at a red light, with Shakur waving to female fans while hanging out of the BMW window.
“Tupac, he gave himself away,” Davis said in the recording played in court. “Otherwise, they would’ve got away.”
Davis was arrested in 2023 and indicted for masterminding the killing and providing the gun.
Rapper Tupac Shakur is show at Club Amazon in New York on July 23, 1993.
(Al Pereira / Getty Images)
Michael Sanft, Davis’ defense attorney, told jurors there will be no evidence linking his client to the shooting.
“There are no facts to point to Keffe — not one,” he said. “You’re going to hear about this over and over again.”
Sanft recounted decades of probes and noted that prior investigations did not take his client’s statements seriously because they were not credible. “He treats that book like it’s fact,” Sanft said of a lead detective in the case. The defense attorney, in an unusual move, repeatedly undermined his own client’s credibility.
Sanft portrayed Las Vegas police as incompetent, with lost records, and the LAPD and then Compton police as corrupt.
“What facts do they have to put Keffe D in a car in 1996? When you look at the video in 1996, do you see Keffe D?” he added, referencing the lobby beating.
Sanft said Death Row’s security chief was Reggie Wright Jr., a felon and former Compton police officer whose father led the Compton police gang unit. He said the former officer was not with Knight and ordered his security team not to carry firearms. The defense lawyer cast Davis’ memoir as fiction and said there was no evidence his client was in Las Vegas.
The prosecutor, however, told jurors that Davis, from 1998 to 2023, made several incriminating statements and, in 1998, admitted to the FBI to being in Las Vegas at the time of Shakur’s slaying.
Davis, according to prosecutors, told investigators during a secret meeting he “was mad about Orlando Anderson’s beating” and he was the boss who got the firearm and was in the white Cadillac. When Greg Kading, an LAPD detective who led the task force, left policing and later published a book revealing Davis’ role, it made Davis want to go public, according to the prosecution.
“Greg Kading is profiting off Duane Davis’ life story,” Palal said. By the time the book was released, the others who were allegedly in the car the night of the shooting were dead. Anderson was killed and Smith passed away. In 2019, after a series of interviews, Davis published his own book, which, full of bravado, gave a similar account of Shakur’s killing as that of the federal task force. The prosecutor then played an interview from the time of the book’s release, in which Davis justified his actions.
Rap mogul Marion “Suge” Knight appears in court in 2018 in an unrelated case.
(Irfan Khan / Los Angeles Times)
Ingrid Stokes, one of four women in a car that had been following Shakur the night of the attack testified that she freaked out and screamed, then fled the scene, telling police she “didn’t see anything” because “snitches get stitches.”
A third witness who testified Monday, former Las Vegas Metro Det. Brent Becker, said he interviewed Knight about the beating in the MGM Grand lobby, and Knight said he basically “didn’t know anything.” By 1997, detectives suspected that Davis was in the Cadillac that opened fire on Shakur, he testified.
Davis, now 63, has pleaded not guilty to murder with a deadly weapon with the intent to promote, further or assist a criminal gang. In recent weeks, he’s denied being in the Cadillac or Las Vegas that night and, in interviews with Las Vegas TV stations, blamed a former head of Death Row Records security.
“I had nothing to do with nobody’s murder,” he told interviewers.
Prosecutors are expected to call witnesses to support Davis’ claims from over the years. Davis’ lawyers will seek to portray him as a fabricator — his bragging is all fiction. Davis has done the same with Las Vegas reporters.
“I did not write the book; a ghostwriter wrote that book,” Davis said in a recent jailhouse interview. “I was trying to make my family some money.”
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