UPDATE, TUESDAY: A day after the state said it would release video of Alvin Motley’s shooting to the public Sept. 3, a judge in Memphis issued a temporary restraining order preventing its release until a judge’s ruling Sept 7.
The Nashville District Attorney’s Office said in a release:
“Memphis Judge Montesi has entered a temporary restraining order prohibiting the State’s release of the videos to the family and the public. He has indicated that he will consider the Defendant’s Motion for Protective Order as well as the State’s Response to the Motion and our Notice of Intent to Release Video Evidence this week and render a ruling on Tuesday, September 7.”
Attorney Ben Crump, who represents Motley’s family, called the judge’s decision to block the release of the video “deeply upsetting to the family and community.”
“This video shows the cold, hard truth in this case: another Black man was killed unjustifiably by a white man with too much power.”Ben Crump
See earlier story below:
MEMPHIS, Tenn. — The special prosecutor in a man’s fatal shooting by a security guard at a Memphis Kroger says he intends to release video evidence.
The office of Glenn Funk, the Nashville district attorney who has been appointed in the Aug. 7 shooting death of Alvin Motley, said in court documents filed Monday that the office intends to release the video Sept. 3.
Gregory Livingston, a security guard at the store on Poplar in East Memphis, is charged with second-degree murder. Livingston allegedly got into an argument with Motley, the passenger in a car, over loud music. He is accused of firing a shot at Motley, who was in town visiting from Chicago.
The Memphis Police Department obtained video evidence of the incident, but has not released it to the public.
The state took the position in Monday’s filing that the release of the video to the public “will not substantially affect” Livingston’s ability to receive a fair trial in Shelby County.
The release of that video had been a rallying cry at recent protests for Motley at the Kroger where the incident occurred.
The response states that Funk’s office intended to first release the video to Motley’s father, Alvin Motley Sr, but now believes it should release it to the public at the same time, in the interest of “transparency.”
Shelby County District Attorney Amy Weirich’s office recused itself due to a potential conflict of interest with one of its investigators, leading to Funk’s appointment as a prosecutor.