Here's what we know about the Kroger shooting of Alvin Motley by a Memphis security guard

Astrid Kayembe
Memphis Commercial Appeal

The killing of Alvin Motley in Memphis has attracted the attention of national civil rights attorneys and has been described by some local officials as yet another example of an unjust slaying of an unarmed Black man.

Motley's family has called on Memphis law enforcement and Shelby County prosecutors to act swiftly to convict a gas station security guard who has been charged in the shooting.

'I want justice for my son':Family of Alvin Motley, killed by Memphis security guard, demands accountability

Here's what we know:

What happened before the shooting?

On Saturday, Aug. 7 at around 7 p.m., Alvin Motley, 48, and his girlfriend Pia Foster visited the Kroger Fuel Center, 6600 Poplar Ave., near the East Memphis and Germantown line.

Foster told police that Gregory Livingston, a security guard, initiated a dispute about the volume of music Motley was playing from the car they were in. 

According to the police narrative, "Foster had Motley get back into the car to leave, but Motley exited the car and walked toward the security guard. Pia Foster stated Motley told the security guard, 'Let's talk like men.'" 

According to the police report, surveillance footage showed Livingston draw his gun and shoot Motley, who was carrying a beer can and a lit cigarette. 

The Memphis Police Department responds to the shooting death of Alvin Motley Saturday, Aug. 7. Motley was shot by a security guard at the Poplar Avenue gas station during a dispute over his car stereo's volume. The security guard, Gregory Livingston, has been charged with second-degree murder.

When police arrived on the scene Saturday, Livingston told officers he had shot Motley, according to an arrest affidavit.

Livingston was arrested Sunday, Aug. 8 and charged with second-degree murder.

Alvin Motley, seen here in a photo provided by Ben Crump's law firm, was shot and killed in Memphis at a Kroger gas station. Police say a security guard fired at Motley as he was walking toward him in a dispute about playing music too loudly.

Who was Alvin Motley?

Motley, originally from Chicago, was in Memphis to visit his niece and nephew when he was killed. Alvin Motley Sr., describe the Motley family as a tight-knit family with members in both Memphis in Chicago.

Motley Sr. also said he believes in forgiveness and has chosen to forgive the man who killed his son. But he still wants accountability. "I want this man to be punished to the fullest extent. I just want justice for my son," Motley Sr. said.

His older sister, Tesheta Motley, describes Motley Jr. as a protector. "My brother meant everything to me," Motley said. 

According to his father, Motley Jr. was nearly blind: he had Marfan syndrome, a disorder that limits the body's ability to build connective tissue. One of the organs this can affect is the eyes. He didn't drive. 

Who is Gregory Livingston?

In a statement, Kroger says Livingston was "a third-party contractor onsite to provide security services at our Poplar Avenue Fuel Center."

Who did the security guard work for? Security company points finger at yet another company

A spokesperson for security firm Allied Universal released a statement on Wednesday saying the guard wasn't actually hired by Allied but for a subcontractor working with Allied.

Livingston was not a licensed security guard in the state, Kevin Walters, a spokesman for the Tennessee Department of Commerce and Insurance, wrote in an email to The CA.

His applications for an armed security guard license were declined on two separate occasions. 

This image of Gregory Livingston comes from state records related to his recent application for an armed security guard certification.

On his first attempt in 2017, he was not issued a registration card because he hadn't fulfilled all of the necessary requirements, according to Walters.

On Aug. 2, Livingston filed another application, which "has been denied due to violation of statute for working as an armed guard without registration card," Walters wrote. 

Arianne “AJ” Linville, human resources director at the City of Horn Lake, said she had received a message from the city's police chief, who said Livingston had worked for the city from August 1998 to April 2001.

She said she did not have Livingston's exact job duties. Efforts to reach the Horn Lake police department for clarification were not immediately successful.

Livingston has been arrested and held on a $1,800,000 bond.

According to the arrest affidavit, after being detained and transported, Livingston refused to give a statement.

What will happen to the security guard and Kroger?

Attorneys working with the family said they want immediate civil settlement negotiations with grocery giant Kroger and a third-party company that employed the security guard.

Notable civil rights attorney Ben Crump will be representing the Motley family in the case. Crump and his team have secured settlements for many high-profile civil rights cases for the families of Breonna Taylor, George Floyd, Trayvon Martin among others. 

"You do not have a right to kill a Black man over playing music," Crump said in a news conference Tuesday morning. "I don't care how loud it is. You do not have a right to kill a young Black man over playing music."

According to Crump, the Motley family has met with District Attorney General Amy Weirich to discuss the case.

"What we want is to make sure that the criminal justice system here in Memphis, Tennessee, will hold those accountable who unjustly kill our children, too," Crump said.

"We don't want them to go hard on our children when they're accused of a criminal act, but then when we have all the evidence in the world, like video camera, for them to give the killers of our children a slap on the wrist. So we expect the District Attorney's office to charge him with murder and to convict him of murder."  

Crump intends to put pressure on the D.A.'s office, Kroger and the third party company that hired Livingston.

"And we want to send a message loud and clear to Kroger, that you have a responsibility to have security guards who don't profile Black people and kill them for playing music if they're coming to pump gas and put money in your pockets."

What have other people said about this case?

Van Turner, a Shelby County Commissioner, lawyer, and president of the local NAACP, said the group demands a conviction on the second-degree murder charge. And he called for the companies involved — Kroger and the security firm — to come to the table quickly to discuss a settlement.

Southern Christian Leadership Conference held a press conference Wednesday afternoon. Reverend Walter Womack, President of the Memphis Chapter, President Memphis Baptist Ministerial Association and state Rep. G.A. Hardaway said they stood in solidarity with the Motley family and pledged to do all within their power to seek justice for the family.

Hardaway said he and other lawmakers intend to introduce legislation "to ensure that this type of horrific tragedy does not happen again under these circumstances." Hardaway called for more accountability for agencies that hire security guards, including demands for intense and periodic psychological assessments for security guards, an accessible database of the credential status of security guards, and non-escalation techniques from officers.

"The goal is to make sure that there is a deterrent in terms of criminal accountability for the security company for hiring someone who they knew was not qualified," Hardaway said.

What has Kroger said?

Kroger issued a statement on Motley's death Tuesday stating Livingston was not employed by Kroger and rather a third-party contractor, Allied Universal Company. 

“We are deeply saddened, extremely angry and horrified by this senseless violence. Our hearts are with the Motley family. This tragic incident involved a third-party contractor onsite to provide security services at our Poplar Avenue Fuel Center," Kroger said.  "We ask all third-party contractors to respect and honor our core values which include respect, diversity, and inclusion.  We want to thank the Memphis Police Department for their swift action. The only outcome we seek is justice.”

Reporters Daniel Connolly and Micaela Watts contributed to this report.

Astrid Kayembe covers South Memphis, Whitehaven and Westwood. She can be reached at astrid.kayembe@commercialappeal.com or (901) 304-7929.