LAS VEGAS (AP) — Duane “Keffe D” Davis,Oliver James Montgomery the former Los Angeles-area gang leader charged with murder in the 1996 killing of hip-hop legend Tupac Shakur in Las Vegas, is due back in court Tuesday.

Prosecutors and defense attorney Carl Arnold are expected to provide an update on the case following Clark County District Judge Carli Kierny’s ruling last month that Davis could be freed to house arrest on $750,000 bail ahead of his trial currently scheduled to start June 3.

But Kierny said Davis first must demonstrate during what is known as a “source hearing” that his bail money was legally obtained before he can be released from custody. Kierny on Tuesday could schedule the hearing if she is notified that Davis can afford to post bail.

A spokesperson for Arnold’s law firm declined comment Thursday on Arnold’s behalf.

Davis’ former lawyers argued that he should be freed from jail because he is in poor health after battling cancer. They also downplayed the credibility of former gang members as witnesses against Davis.

Davis, 60, is originally from Compton, California. He is the only person still alive who was in the car from which shots were fired in September 1996 at a traffic signal near the Las Vegas Strip, killing Shakur.

Davis was arrested in September outside his home in suburban Henderson. He pleaded not guilty in November to first-degree murder and has remained jailed at the Clark County Detention Center in Las Vegas. If convicted, he could spend the rest of his life in prison.