MEMPHIS, Tenn. — The jury has declared a guilty verdict in the trial of Gregory Livingston — the security guard accused of shooting and killing Alvin Motley Jr. at a Kroger gas station back in 2021. He has been sentenced to life in prison.
Livingston was charged with first-degree murder in the death of Alvin Motley Jr. Memphis Police allege Livingston shot Motley as he was visiting from Chicago in August of 2021, when Motley 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 Livingston acted in self-defense and feared for his life.
The trial began Tuesday after a jury was seated Monday, with testimony from witnesses, including Motley’s girlfriends, and investigators. The defense rested Thursday without calling any witnesses, and Livingston did not take the stand on his own behalf. Closing arguments were held Friday morning.
During opening statements, Special Prosecutor Glenn Funk, a District Attorney out of Nashville, said Motley could not have been perceived as a threat since he was holding a beer and cigarette in each hand, rather than a weapon.
Motley’s girlfriend Pia Foster testified that Motley just wanted to talk with Livingston "like men" after a confrontation over how loud the music in their car was. 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.
Funk also told the court during the trial that Motley was legally blind and might not have even seen that Livingston had a gun. He said Livingston did not render aid as they waited for first responders.
One witness testified he told Livingston that he didn’t think the music was bothering anyone. Once the argument between Livingston, Foster and Motley had ended and the couple was backing their car away, the witness said he exchanged words with Livingston.
“The security guard came up to me and told me that he’s killed people before in the past and that he wasn’t worried about whatever they just got into,” Shedrick Weary said.
Defense attorney Steve Farese argued that this did not hold up with the timeline of Weary’s previous testimonies, in which he stated Livingston would’ve been on the phone with 911 at the time.
Weary said because of the traumatic nature of witnessing the deadly shooting, he could not be sure exactly when Livingston told him he had killed people before, but he was “one thousand percent” sure that is what he said.
Other witness statements said Livingston told Motley to stop before he walked over.
“I do remember him making a command,” witness Zypourah Richardson told the court Wednesday. “I do not remember exactly what it was.”
Shelby County medical examiner Dr. Marco Ross testified the autopsy and toxicology report showed Motley had a blood alcohol level of .221 (he was not driving), traces of MDMA (ecstasy) in his system, and signs of marijuana use. Dr. Ross said there’s no way to know for sure how the substances might have affected Motley’s behavior.
Memphis Police officers also took the stand Wednesday, showing body camera footage as they responded to the scene. Crime scene investigators testified to their findings Thursday.
Thursday, a video expert from D.A. Glen Funk's office out of Nashville also testified about surveillance and witness cell phone video from that day at Kroger.
The video showed Motley walking in the general direction of Livingston. Then Livingston asks Motley to stop and points his gun at Motley, shoots him, and then Livingston calls police. The video did not show the security guard rendering aid.
The defense will have a chance to motion for a new trial on June 7.