MEMPHIS, Tenn. — The moments captured on security footage of a Kroger security guard shooting and killing a man will not be released, for now.
In a ruling issued Tuesday, Judge Louis J. Montesi Jr. ruled against a request by Alvin Motley Jr.'s family to release the video to the public.
In the ruling, the judge said the audio and video recordings could not be released until the court conducts a preliminary hearing for the defendant Gregory Livingston, "in order to protect the right of the accused to a fair and impartial preliminary hearing and promote public trust in the integrity of the criminal justice system during the pendency of this case in this court." Read the full ruling HERE.
National civil rights attorney Ben Crump released the following statement after Tuesday's ruling: “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 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.”
Police said Motley was shot and killed August 7, 2021, by Livingston, an unlicensed security guard who worked at an east Memphis Kroger gas station. Livingston is charged with second-degree murder.
Before Tuesday's ruling, the judge previously issued a temporary restraining order that prohibits the state's release of the video to family and the public.
Family members of the victim said they have seen the video and it shows Motley was not a threat when he was shot and killed.
"America needs to view it because it was an injustice - not done just to my family, there are injustices going on all across America," Motley's cousin, Carl Adams, said."
In addition to witness testimony, the security video will be key evidence in the case that has not yet gone to trial.
According to police, the unreleased security video shows Livingston get into an argument with Motley over loud music coming from his car.
Police said video shows Livingston draw his gun and shoot Motley in the chest after Motley exited the car and approached Livingston, reportedly holding a lit cigarette and beer can.
Family said the video shows Motley was not a threat when he was shot and killed.
"He probably got 10 to 15 feet away when he got shot in cold blood with a beer in his left hand and raising a cigarette to his right hand - where he was then shot in his wrist, the bullet went through his wrist and into his chest and he dropped and died on the scene," Adams said.
Livingston remains in jail on a $1.8 million bond.