Shelby County DA’s office recused, investigator placed on leave in Kroger shooting investigation; special prosecutor requested

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MEMPHIS, Tenn. – The Shelby County District Attorney’s Office is recusing itself and asking for a special prosecutor in the case of a deadly shooting at an East Memphis Kroger after an investigator was found to possibly be a witness in the suspect’s prosecution.

Alvin Motley was shot and killed at an East Memphis Kroger Fuel Center last weekend. Police say Gregory Livingston, who was working as a security guard, shot Motley after an argument over loud music.

Livingston has been charged with second-degree murder.

Thursday, District Attorney General Amy Weirich announced an investigator in the DA’s office had an off-duty job at Allied Universal, the same security company that reportedly hired Livingston, and might be a witness in the Livingston’s prosecution.

Weirich said the investigator has been placed on leave without pay for not immediately notifying her. Weirich also announced she is recusing the Shelby County DA’s office from the case.

“I do not want anything to cast a shadow over the pursuit of justice, so I am recusing our office,” Weirich said. “I have spoken to Mr. Crump, the family’s attorney, and have asked the District Attorney’s conference to appoint a special prosecutor.”

Tuesday, Motley’s family and civil rights attorney Ben Crump held a news conference to address the deadly shooting. Crump said he and the family met with Weirch. Weirich released a statement on the shooting and that meeting earlier this week.

“This morning, I met Mr. Motley’s family and lawyer and listened as they described their son, brother, nephew. I introduced them to the prosecutors and victim witness coordinator assigned to this case and assured them they would be able to see the video soon,” Weirich said. “Mr. Motley and his family deserve justice and we are here for them.”

Livingston is due to appear in court Monday, August 16.

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