Surveillance video played in court shows an unlicensed security guard fatally shooting a man at a Memphis gas station.
The August 7 shooting followed an argument over loud music, police said at the time.
After viewing the video, a judge found Tuesday that there was probable cause for the case to appear before a grand jury.
Surveillance video showing an unlicensed security guard fatally shoot a man at a Kroger gas station in East Memphis, Tennessee was played in court this week.
After viewing the video at a probable cause hearing on Tuesday, a Shelby County criminal court judge found that there was no evidence that the shooting of Alvin Motley Jr. was justified and allowed the case to move forward to a grand jury, the local ABC affiliate reported.
"After seeing the video and going through this preliminary, I was heartbroken," Motley's father, Alvin Motley Sr., said at a press conference after the hearing. "I didn't hate the gentleman, but I'm outraged beyond all measure, because he shot my son."
Gregory Livingston, a former Mississippi police officer who did not have a license to work as a security guard in Tennessee, previously had been charged with second-degree murder and is being held on a $1.8 million bond.
On August 7, Livingston argued with Alvin Motley Jr., who was Black, over loud music playing in the man's car, police said at the time. Motley, who was unarmed, then walked towards Livingston, with a beer can in his hand, and said "let's talk like men," according to police.
In the surveillance video played in court, Livingston can be seen drawing his gun and pointing it at Motley before he fires and Motley falls to the ground. A woman nearby then walks over to Motley's body as Livingston paces back and forth.
Warning, readers may find the surveillance video disturbing:
Witnesses testified at the Tuesday hearing that they heard Livingston saying, "Back up, back up," as Motley approached him, according to The Commercial Appeal.
Kroger told The Commercial Appeal in August that Livingston was a contractor from an outside security firm, Allied Universal, and that it had cut ties with the security company.
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