MEMPHIS, Tenn. — A Shelby County Judge has denied a motion for a new trial for Gregory Livingston — the security guard convicted of shooting and killing Alvin Motley Jr. at a Kroger gas station back in 2021.
The jury convicted Livingston of first-degree murder on May 3, 2024, in the 2021 shooting. Livingston was sentenced to life in prison. In a hearing July 8, 2024, a judge denied a motion for a new trial, according to court records.
Memphis Police said Livingston shot Motley, who 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, claimed Livingston acted in self-defense and feared for his life.
The trial included testimony from witnesses, including Motley’s girlfriends, and investigators. The defense rested without calling any witnesses, and Livingston did not take the stand on his own behalf.
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.
Other witness statements said Livingston told Motley to stop before he walked over.
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.
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 asked Motley to stop and pointed his gun at Motley, shot him, and then Livingston called police. The video did not show the security guard rendering aid.