The incident happened on Aug. 7 as Alvin Motley Jr. was at a Kroger gas station and was shot and killed over having loud music. Gregory Livingston, who was a security guard, was charged with the murder. 

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According to investigators, Motley Jr. was an unarmed Black man who was holding a beer and cigarette as it was captured on surveillance video. His family along with prosecutors wanted the video released for transparency purposes, but Judge Louis Montesi ruled against releasing the video because it could undermine a fair trial, according to FOX13 Memphis. 

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Steve Farese Sr., Livingston’s attorney, agrees with the judge’s decision because it could negatively impact him. 

“I’m not aware of any video that’s ever been released prior to being shown to the defense attorney,” said Farese Sr. “I would imagine the public would see it during trial and that’s when the public should see the video.” 

National civil rights attorney Ben Crump and the Motley family weren’t happy about the court’s ruling. 

“The court’s decision further delays the clarity, transparency, and answers that the family and community deserve. Decisions like this one do nothing to improve the public’s confidence in equal justice and due process as it relates to African Americans,” Crump said in a statement via Twitter. “We have never seen a video of a Black man killing a white man be blocked from public release out of concern for a fair and impartial jury for the defendant like we see here. The pursuit of justice for Alvin is far from over.” 

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Sept. 28 will be the date for the preliminary hearing of this case.