MEMPHIS, Tenn. — The Shelby County District Attorney General is recusing her office and has suspended an investigator amid the investigation into a deadly shooting at an east Memphis Kroger Fuel Center.
54-year-old Gregory Livingston has been charged with second degree murder in the death of Alvin Motley Saturday, August 7th.
At issue for the D.A. is that the investigator with District Attorney General Amy Weirich’s office also worked with a security company and may be a witness in the case against Livingston. Weirich said in a statement Thursday the investigator was put on leave without pay for failing to notify her immediately.
The D.A. went on to say she was recusing her office as to not “cast a shadow over the pursuit of justice.”
Weirich asked for a special prosecutor to be appointed.
The full statement from Weirich: “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. 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. Crump, the family’s attorney, and have asked the District Attorney’s conference to appoint a special prosecutor.”
According to the police affidavit, officers responded to the shooting just before 7 p.m. Saturday. They said Motley’s girlfriend told investigators that right before the shooting the security guard got into an argument with Motley because he thought his music was too loud. According to the affidavit, she asked Motley to get back in the car, but he approached the security guard to talk. That’s when she said she heard a gunshot and saw Motley fall to the ground.
According to the affidavit, surveillance video from Kroger showed Motley holding a beer can and a lit cigarette as he approached the security guard. The affidavit continued, saying the security guard pulled out his gun and shot Motley in the chest.
Livingston is in the Shelby County jail on $1,800,000 bond. His next court date is set for Monday.