Shelby County District Attorney Amy Weirich recused herself on Monday in the case of a white security guard who shot and killed a Black man after complaining that his music was too loud. Although the killing of 48-year-old Alvin Motley Jr. happened on August 7 at a Kroger gas station, the company has said in a statement obtained by the Commercial Appeal that the guard, Gregory Livingston, was employed through a third-party vendor, Allied Universal Security.
“Today, I learned an investigator in this office had an off-duty job with Allied Security and might be a witness in the prosecution of Gregory Livingston,” Weirich said in a statement on Monday. “The investigator has been put on leave without pay for failing to notify me of this immediately. I do not want anything to cast a shadow over the pursuit of justice, so I am recusing our office. I have spoken to Mr. (Ben) Crump, the family’s attorney, and have asked the District Attorney’s conference to appoint a special prosecutor.”
Surveillance video obtained by the Commercial Appeal showed Livingston pulling a gun out on Motley and shooting him at a Kroger gas station as Motley was holding a beer can and cigarette. Livingston was arrested the next day on a charge of second-degree murder. Pia Foster, Motley's girlfriend, told police Motley and Livingston got into a verbal dispute, and when she and Motley went to leave, Motley walked toward Livingston. Motley had completed training to be a security guard two weeks before his death. He lived in Tinley Park, a suburb of Chicago, but was in Memphis visiting family.
Ben Crump, a prominent civil rights attorney, took on the case soon after. In a statement released on Monday, Crump said that Livingston "was not a licensed armed security guard at the time of the shooting. … Reports allege Livingston was denied his license on two separate occasions, and his most recent application filed in early August was denied because he violated a statute for working as an armed guard without a registration card," Crump said. "This begs the question: If he was denied his license and didn't have one when he killed Alvin, why was he on Kroger premises with a firearm acting like he was qualified to do so, and seemingly, with Kroger's blessing?
"There is no excuse for this oversight by Kroger and Allied Universal that led to Alvin Motley's death,” Crump added. “Livingston should have been fired immediately when he violated a statute by working with a weapon. It is beyond evident that Livingston was a threat to public safety who believed he had far more power than the rules and regulations allowed him, which ultimately led to Alvin's death. If Kroger's representatives, employees, or individuals who they contract with don't respect Black life, then they shouldn't expect our Black dollars."
NAACP president Van Turner told reporters the shot that killed Motley was a shot that's been heard too many times earlier. “You would think with the George Floyd conviction, with what has occurred in those other cases, we would start not seeing this as much. But unfortunately, it is still happening,” Turner said. “I think there is racial bias involved.” He also predicted that the case would attract the Black Lives Matter organization and lead to protests and boycotts.
Leslie Ballin, Livingston's attorney, told News Channel 3 in Memphis that the case is not about race. “I am a possessor of facts at this point,” the attorney said. “I know things that speak to what happened and why. I am not at liberty to discuss that with you at this time.”
Livingston was slated to appear in court on Monday, but his hearing was rescheduled for Tuesday, News Channel 3 reported. Rev. Al Sharpton is slated to speak at Motley’s funeral.
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“Today, I learned an investigator in this office had an off-duty job with Allied Security and might be a witness in the prosecution of Gregory Livingston,” Weirich said in a statement on Monday. “The investigator has been put on leave without pay for failing to notify me of this immediately. I do not want anything to cast a shadow over the pursuit of justice, so I am recusing our office. I have spoken to Mr. (Ben) Crump, the family’s attorney, and have asked the District Attorney’s conference to appoint a special prosecutor.”
Surveillance video obtained by the Commercial Appeal showed Livingston pulling a gun out on Motley and shooting him at a Kroger gas station as Motley was holding a beer can and cigarette. Livingston was arrested the next day on a charge of second-degree murder. Pia Foster, Motley's girlfriend, told police Motley and Livingston got into a verbal dispute, and when she and Motley went to leave, Motley walked toward Livingston. Motley had completed training to be a security guard two weeks before his death. He lived in Tinley Park, a suburb of Chicago, but was in Memphis visiting family.
Ben Crump, a prominent civil rights attorney, took on the case soon after. In a statement released on Monday, Crump said that Livingston "was not a licensed armed security guard at the time of the shooting. … Reports allege Livingston was denied his license on two separate occasions, and his most recent application filed in early August was denied because he violated a statute for working as an armed guard without a registration card," Crump said. "This begs the question: If he was denied his license and didn't have one when he killed Alvin, why was he on Kroger premises with a firearm acting like he was qualified to do so, and seemingly, with Kroger's blessing?
"There is no excuse for this oversight by Kroger and Allied Universal that led to Alvin Motley's death,” Crump added. “Livingston should have been fired immediately when he violated a statute by working with a weapon. It is beyond evident that Livingston was a threat to public safety who believed he had far more power than the rules and regulations allowed him, which ultimately led to Alvin's death. If Kroger's representatives, employees, or individuals who they contract with don't respect Black life, then they shouldn't expect our Black dollars."
NAACP president Van Turner told reporters the shot that killed Motley was a shot that's been heard too many times earlier. “You would think with the George Floyd conviction, with what has occurred in those other cases, we would start not seeing this as much. But unfortunately, it is still happening,” Turner said. “I think there is racial bias involved.” He also predicted that the case would attract the Black Lives Matter organization and lead to protests and boycotts.
Leslie Ballin, Livingston's attorney, told News Channel 3 in Memphis that the case is not about race. “I am a possessor of facts at this point,” the attorney said. “I know things that speak to what happened and why. I am not at liberty to discuss that with you at this time.”
Livingston was slated to appear in court on Monday, but his hearing was rescheduled for Tuesday, News Channel 3 reported. Rev. Al Sharpton is slated to speak at Motley’s funeral.
RELATED: 'His music was louder than what a security guard prefers,' so Alvin Motley is shot and killed
RELATED: White man deems music too loud and kills Lucy McBath's son. Then, same thing happens 8 years later