MEMPHIS, Tenn. — A Shelby County judge on Tuesday ordered the case of a Kroger security guard accused of shooting a man to death over loud music to be sent to a grand jury.
Gregory Livingston is charged with second-degree murder in the death of Alvin Motley Jr. at a Kroger Fuel Center in August in a dispute over loud music.
A grand jury will determine whether or not to indict on that charge or another.
“I’m outraged beyond all measure because he shot my son. My son shouldn’t have been shot,” said Alvin Motley Sr., the victim’s father.
Tuesday was a probable cause hearing to determine if there’s enough evidence to move forward. The judge said he found no justification for the shooting of Motley, meaning he found probable cause.
For the first time Tuesday, video evidence showed the encounter between Motley and now-former Kroger security guard Livingston at a Kroger Fuel Center in East Memphis.
The state showed videos taken by witnesses and Kroger surveillance video from three different angles.
In the videos you see Livingston initially approaching the vehicle Motley was a passenger inside at the gas pump.
Witnesses say he told Motley to turn the music down. They say he complied but the two continued arguing and Motley got in and out of the car a few times before the shooting.
Also in Tuesday’s testimony:
- The bullet went through Motley’s wrist and into his chest.
- A witness testified that just before the shooting Livingston walked to him at the kiosk where he was waiting to pay for gas and said “he’s killed four people before.”
- There was also testimony Livingston never attempted to render aid after shooting
Civil Rights Attorney Ben Crump says the video gives a small glimpse into the family’s pain.
“This was not only unnecessary, not only unjustifiable, but it was a heartless killing of a young man who was armed only with a can of beer and a cigarette,” Attorney Ben Crump said.
The state also showed images of other items Livingston had in his possession, like a knife and baton.
A current Memphis police officer testified they are trained to use deadly force as a last resort.
“This man has an issue,” said Van Turner, president of the NAACP Memphis chapter. “He’s a threat to society. He should have never bene out there. He should have never been retained by a security company to be in the role he was in.”
In a 911 call Livingston said “I just shot him. He was approaching me,” adding he was in fear for his life.
“He shot my son while on the phone talking to 911 saying he’s being aggressive,” Motley Sr. said. “And he was just totally lying. My son was walking up towards him. It’s unbearable what I’m feeling.”
Defense Attorney Leslie Ballin says they will wait until a trial to present their side but point to self-defense.
“As I said to the judge, our position is none, as to what our defense is,” Ballin said. “Today was not the day for a trial. It was a preliminary hearing.”