Judge won’t allow release of video in security guard’s fatal shooting of Alvin Motley
MEMPHIS, Tenn. (WMC) - A judge will not allow the release of audio or video recordings depicting the moment Alvin Motley Jr. was shot and killed at a Memphis gas station last month.
Last week, the district attorney of Nashville announced plans to release surveillance video of the shooting, but Judge Louis Montesi blocked the attempt with a temporary restraining order as he considered a motion for a protective order on the video.
Lawyers for Gregory Livingston, the security guard charged in the shooting, filed a motion for the protective order arguing that releasing the video now would prevent Livingston from receiving a fair and impartial trial.
The prosecutor argued the release of the video would offer transparency and “instill faith in our criminal justice system,” according to court documents.
The order will remain in place at least until Livingston’s preliminary hearing at which time the judge will decide if there is sufficient evidence for him to face trial on the second-degree murder charge. For the time being, the state is not allowed to release audio or video recordings to Motley’s family or any member of the public.
Ben Crump, a national civil rights attorney representing Motley’s family, called the decision disheartening.
“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,” reads a statement from Crump. “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.”
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