MEMPHIS, Tenn. — Opening arguments began Tuesday in the trial of Gregory Livingston, the unlicensed security guard accused of shooting and killing an unarmed man at a Kroger gas station back in 2021.
Livingston is charged with first-degree murder in the death of Alvin Motley Jr. Memphis Police allege that Livingston shot Motley while he was visiting from Chicago in August of 2021, while he had stopped for gas with his girlfriend at the East Memphis Kroger gas station, at Poplar and Kirby.
The defense, led by attorney Leslie Ballin, entered a plea of not guilty, claiming That Livingston acted in self-defense and feared for his life.
“When a person is being combative, when a person is threatening your life, you don’t want them to get close to you,” Ballin said.
Special Prosecutor Glenn Funk, a District Attorney out of Nashville, says there is no way Motley could’ve been perceived as a threat since he was holding a beer and cigarette in each hand rather than a weapon.
“At the time when this man pulled that trigger and killed Alvin Motley, what could Alvin Motley have done? Blown a smoke ring at him?” Funk asked the jury.
Motley’s girlfriend Pia Foster was the first to take the stand Tuesday, saying Motley just wanted to talk with Livingston "like men" after their confrontation over how loud the music in their car was.
“He hollered at me, saying ‘Cut the music down,’” Foster told the court. “I didn’t hear him at first so I didn’t know exactly what he was saying.”
Video played in court showed Foster having to hold Motley back during the argument. Foster said it felt like Livingston was picking on them, describing him as hostile.
“One thing I do recall saying was ‘Leave us the F alone,’” Foster said.
Funk says this was premeditated murder and Livingston did not even render aid as they waited for first responders.
Later on in the trial, he also stated that Motley was legally blind and might not have even seen that Livingston had a gun.
The trial is set to resume Wednesday at 10:30 a.m.