The case of Alvin Motley Jr., a Black man fatally shot in Memphis allegedly by a contractual security guard at a Kroger fuel center, will go to a grand jury.
The August 7 incident reportedly involved an altercation between Motley and Gregory Livingston, purportedly over the volume of the music in a car in which Motley was a passenger. Livingston was later arrested and has been charged with second-degree murder.
Civil rights attorney Ben Crump and Motley’s family attended a probable cause hearing on Tuesday to determine if there is sufficient evidence to move the case forward. The judge’s ruling now sends the case to a grand jury, which will determine whether to indict Livingston on murder and/or other charges. Surveillance video linked to the incident was shown during the court proceedings.
“It was so shocking when you watch that video that you have to catch a breath and ask yourself, did you see what you just saw? A man with a can of beer taking a puff of a cigarette is shot in cold blood,” Crump said.
The Shelby County District Attorney announced she would recuse herself from the case of State of Tennessee v. Gregory Livingston. The Tennessee District Attorneys General Conference has appointed District Attorney General Glenn Funk of Nashville to serve as a special prosecutor.
“My heart breaks for the Motley family as they grieve the tragic and preventable loss of Alvin,” said Crump in a statement. He added: “There is no question in my mind that this crime was racially motivated and a white person playing loud music in similar circumstances would be alive.”
Rev. Al Sharpton, President/Founder of National Action Network (NAN) delivered the eulogy for Motley, a Chicago resident who was visiting relatives in Tennessee when the deadly shooting occurred.
According to reports, Kroger issued a statement in which the company expressed being “deeply saddened, extremely angry and horrified by this senseless violence.” Kroger has reportedly cut ties with the contractual security company.