The public will not see the killing of Alvin Motley Jr., after a Memphis judge blocked its release Tuesday. Judge Louis Montes ruled that prosecutors can’t release the video ”until [the court] conducts a preliminary hearing,” which is scheduled for Sept. 28. Lawyers for Gregory Livingston, the security guard who is accused of killing Motley, said such a release could taint the jury pool, according to Fox 13 Memphis.
Motley was shot Aug. 7 at a Kroger gas station in Memphis reportedly over loud music. Investigators say Motley was holding a cigarette and beer and was unarmed when he was shot.
As The Root previously reported, Livingston, who has been charged with second-degree murder in the shooting, was not licensed to work as an armed guard at the time of the shooting.
Prosecutors favored the release of the video because it would demonstrate transparency.
Here is more from Fox 13 Memphis:
Steven Mulroy, a professor at the University of Memphis Cecil C. Humphrey’s School of Law, gave his thoughts on the judge’s ruling.
“(The) judge has decided, at least between now and the preliminary hearing, the state may not release the video. Then once the preliminary hearing occurs, the judge will be able to make a decision on if the video can be released between then and the actual trial,” Mulroy said.
Mulroy instructs in the areas of constitutional law, criminal law, civil rights and election law.
Motley, Jr.’s cousin shared his thoughts about a potential release.
“We don’t want this situation to get swept under the rug,” said Carl Adams, speaking by telephone.
A preliminary hearing is set for Sept. 28.
Attorney Farese, Sr. told FOX13 he and co-counsel Leslie Ballin will file a motion at the upcoming preliminary hearing to keep the video out of public view until trial.
Lawyers defending Motley’s family say that the Aug. 7 shooting is another example of an unjustified shooting of Black men, according to the Commercial Appeal. Benjamin Crump, who defends families of Black people killed by cops around the nation, released a statement through his law firm, stating, “The Motley family and our legal team are disheartened by the court’s ruling today to continue to block the public release of the video footage from the day Alvin Motley was brutally killed.”
The statement went on to say that, “The court’s decision further delays the clarity, transparency and answers that the family and community deserve. Decisions like this one do nothing to improve the public’s confidence in equal justice and due process as it relates to African Americans. We have never seen a video of a Black man killing a white man be blocked from public release out of concern for a fair and impartial jury for the defendant like we see here. The pursuit of justice for Alvin is far from over.”