MEMPHIS, Tenn. — Shelby County District Attorney General Steve Mulroy said the D.A.'s office will seek the death penalty against the man accused in a mass shooting spree last year that left three dead and three injured.
Ezekiel Kelly pleaded not guilty during a hearing March 2, 2023. He faces nearly 30 charges in the shooting spree Sept. 7, 2022, including charges of first-degree murder, reckless endangerment, and conspiring to commit terroristic acts.
Mulroy said Monday there are four "aggravating factors" that led them to the decision to ask for the death penalty. Here are the factors Mulroy cited:
- Defendant previously convicted of one or more felonies whose statutory elements involved the use of violence to the person
- Defendant committed mass murder, defined by murder of three or more persons
- Murders were committed during an act of terrorism
- Defendant acted randomly.
Mulroy said this is the first death penalty notice he has filed in his short tenure as Shelby County D.A.
"I've made no secret of my personal opposition to the death penalty as a policy matter. If I were a legislator I would vote against it. But as D.A. I have a duty to enforce the law as it is written, whether I agree with it or not," he said.
He continued, "When facts are sufficiently clear, a D.A. acting in good faith sometimes has to come to a conclusion that the facts and circumstances compel a particular decision. I believe this is one of those times. This is not a close case. The defendant is alleged to have engaged in a hours-long apparently random murder spree, killing three people and wounding three others, and terrorizing an entire city in the process."
Since 1916, there have been 32 executions of people from Shelby County. In the recent 47 years, there have only been 13 executions in Tennessee.
Kelly is scheduled to report back to court on April 13. He remains behind bars in Shelby County without bond.
Kelly also faces charges in DeSoto County for charges of receiving stolen property, armed carjacking, and felon in possession of a firearm.
Investigators said it all began about 1 a.m. on Sept. 7 when Kelly is accused of killing Dewayne Tunstall. Hours later, about 4:30 p.m., the chaos began when investigators said Kelly live streamed his activities on social media, shutting down much of the Memphis. Allison Parker and Richard Clark were killed during the spree.
At one point, Southaven Police said Kelly carjacked a man and took his Dodge Challenger at the Raceway on Stateline Road. Not long after that, Memphis Police began a chase with Kelly, who was arrested after crashing in Whitehaven.
The shootings had police warning residents to shelter in place, locking down a baseball stadium and university campuses, and suspending public bus services.
Timeline of events (as provided by D.A.)
September 7, 2022
- 12:33 a.m. Mr. Kelly shoots DeWayne Tunstall in the head.
- 4:35 p.m. Mr. Kelly kills Richard Clark in South Memphis at the BP Gas Station at 946 S Parkway E.
- 4:36 p.m. Mr. Kelly shoots and wounds Lakesha McGlathen while she was changing a flat tire on the side of I240. Her father, Wille McGlathen witnessed it.
- 5:50 p.m. Mr. Kelly uses Facebook to livestream the shooting of Rodolfo Zepeda at the AutoZone located at 4011 Jackson.
- 5:56 p.m. The Facebook Live video begins to go spread across social media and cause panic throughout the city. Kelly’s mother calls the police to alert them of the video her son posted.
- 7:00 p.m. MPD tweets regarding Ezekiel Kelly and the city is placed on lockdown.
- 7:21 p.m. Mr. Kelly fires shots at several vehicles at the intersection of Poplar and N. McLean in Midtown. Randall Graham is shot in the arm as he is driving. A bullet goes through the pants leg of Matthew Carrozza.
- 7:25 p.m. Mr. Kelly approaches the vehicle of Allison Parker at Poplar and Evergreen and kills Parker while carjacking her. He drives away in her car.
- 8:52 p.m. Mr. Kelly flees south and carjacks Demetrick Porter in Southaven who recognized Kelly from the news reports of lockdown.
- 9:15 p.m. Mr. Kelly is captured at Hodge and Ivan in Whitehaven.