Judge sets February trial for man who faces death penalty in Memphis shooting rampage
Shelby County Judge James Jones Jr. scheduled Ezekiel Kelly's trial for Feb. 9 during a court hearing in Memphis. Kelly has pleaded not guilty to more than two dozen charges, including three counts of first-degree murder, in the September 2022 shooting rampage that led to a citywide shelter-in-place order and a frantic manhunt.
Kelly's trial had been set to begin July 14, but was delayed after his lawyers asked for more time to review evidence in the case, including investigating about 400 witnesses and more than 300 videos.
Prosecutors have said they plan to seek the death penalty if he's convicted of first-degree murder. He appeared in court Tuesday with his lawyer, about five months after he told a judge that he wanted to represent himself in the shootings.
Kelly, 22, later reconsidered and his court-appointed lawyer, Michael Scholl, resumed serving as his primary representation. Scholl had been helping Kelly in an advisory capacity until Jones re-appointed him in March.
Along with the killings of Dewayne Tunstall, Richard Clark and Allison Parker, Kelly also was charged with attempted murder, reckless endangerment with a deadly weapon and commission of an act of terrorism.
Kelly has until Sept. 16 to change his plea. Scholl told reporters after Tuesday's hearing that he plans to file a motion to bring in a jury from outside of Memphis to hear the case. Lawyers typically file such change-of-venue motions in cases where there has been extensive pre-trial publicity.
At least three witnesses saw Kelly shoot Tunstall during a gathering at a Memphis home at about 1 a.m. on Sept. 7, 2022, according to a police affidavit. Clark and Parker were shot later that day, authorities said.
Police said three other people were wounded in the shootings, which took place in different parts of the city. A motive for the shootings was not clear. Some were livestreamed on social media platforms.
The shootings led to the shutdown of Memphis' public bus system, the lockdown of two college campuses and the stoppage of a minor league baseball game.
Kelly carjacked at least two vehicles before he was arrested when he crashed a stolen car while fleeing police, authorities said.
Parker was a mother of three who worked as a medical assistant at a clinic in nearby West Memphis, Arkansas.
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