Trial for former Kroger security guard accused in killing pushed again
Defendant Gregory Livingston (left) stands during a preliminary hearing in Judge Louis Montesi’s courtroom on Sept. 28, 2021. Division VIII Judge Chris Craft is now presiding over the case. (Mark Weber/The Daily Memphian file)
Editor’s note: A previous version of this story stated Livingston was charged with two counts of second-degree murder and one count of first-degree murder. It has been updated to reflect he has been indicted on one count of first-degree murder.
The trial for a former Kroger security guard accused of killing an unarmed Black man in 2021 that was set for next week will now be pushed back until next year.
Gregory Livingston, who is accused of killing Alvin Motley Jr., was set to start trial Monday, Oct. 30. Prosecutors and his attorney agreed during a Wednesday hearing to reset the trial for April 29, 2024.
The case will have an April 1, 2024, status hearing.
Livingston is accused of shooting Motley on Aug. 7, 2021, for playing music too loud in the Kroger Fuel Center parking lot at Poplar Avenue and Kirby Parkway.
Motley, 48, was in Memphis visiting family at the time of the shooting. His family is represented by nationally known civil rights attorney Ben Crump.
Livingston has been indicted on one count of first-degree murder.
Prosecutors said Wednesday, Oct. 25, there was additional discovery that they handed over to Livingston’s attorney, Leslie Ballin, the night before but that they were still ready to proceed with the trial.
Ronald Dowdy and David Jones are prosecuting the case on behalf of the Nashville District Attorney’s office.
The Shelby County District Attorney’s office recused itself from the case under former District Attorney General Amy Weirich because one of the investigators in the office, Joe Hoing, had a second job with Allied Universal Security, the private security company Livingston was working for at the time of the shooting.
Hoing is a former Memphis police officer who was on loan from Weirich’s office to the Drug Enforcement Administration Task Force.
Ballin said there was also a witness he wanted to call that wouldn’t be available next week for the trial.
This is the second time that Livingston’s trial has been reset.
He was originally scheduled to go on trial Jan. 30, but Shelby County Criminal Court Division IX Judge Melissa Boyd recused herself due to a conflict of interest.
Division VIII Judge Chris Craft is now presiding over the case.
Livingston remains in jail on a $750,000 bail.
This is the second high-profile case in the city to be pushed this month.
The trial date for McKinney Wright, one of two suspects accused in the 2018 killing of former Memphis Chamber CEO Phil Trenary, was pushed for a second time. The trial was supposed to have started Oct. 23 but is now set for Dec. 4.
Daily Memphian reporter Julia Baker contributed to this story
Topics
Alvin Motley Jr Gregory LivingstonAarron Fleming
Aarron Fleming covers public safety for The Daily Memphian, focusing on crime and the local court system. He earned his bachelor’s in journalism and strategic media from the University of Memphis.
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