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This week, the Shelby County District Attorney General’s Office filed in court a notice seeking the death penalty in the Ezekiel Kelly case.
Under the law, any first-degree murder conviction is eligible for the death penalty if one or more statutorily defined aggravating factors are present. In this case, our office has identified four such aggravating factors that we allege to be present (TCA 39-13-204(i)):
- The defendant was previously convicted of one or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person.
- The defendant committed “mass murder,” which is defined as the murder of three or more persons whether committed during a single criminal episode, or at different times within a 48 month period.
- The murder was committed in the course of an act of terrorism (see TCA 39-13-805 Commission of Act of Terrorism).
- The murder was committed at random, and the reasons for the killing are not obvious or easily understood.
In this case, the defendant allegedly went on an hours-long, apparently random murder spree, killing three people and seriously wounding three more.
“I’ve made no secret of my opposition to capital punishment as a policy matter. If I were a legislator, I would vote against it. But as DA, I have to enforce the law as written, even if I disagree with it,” said DA Mulroy. “The facts of this case compel me to seek the maximum penalty provided under the law, regardless of my personal beliefs.”
The SCDAG Office has provided discovery to the defense and will continue to work cooperatively with the defense and prosecute this case in court, in order to see that justice is done.
Timothy Allen Dunner, 40, has been indicted on charges of Second Degree Murder and Possession of a Controlled Substance with Intent to Sell (Fentanyl) in the 2021 overdose death of Hayley Moss.
We will continue to prosecute these cases vigorously so that the defendants will be held appropriately accountable.
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DA Mulroy with Deborah Clubb, Executive Director of the Memphis Area Women's Council, at the Women of Achievement Awards on Sunday |
This week, SCDAG Office staff met with MPD Chief Davis and her staff to discuss a number of things, including our partnership on the Cold Case Unit and Gun Violence Intervention Program. Notably, we agreed to work on a new task force partnership targeting organized “smash and grab” retail theft rings, which have been plaguing retailers.
DA Mulroy speaking at the LGBTQ Town Hall Meeting at Holy Trinity on Monday
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This week, Grants Coordinator Nelia Dempsey picked up a gift card donation from Costco to our Victim Witness Services Unit. The donation will help us stock up on snacks and refreshments for victims and witnesses, who often spend long hours waiting during trial. During this stressful time, we want to do everything we can to make them as comfortable as possible. Thank you, Costco!
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From ABC 24: Shelby County D.A. to seek death penalty against mass shooting spree suspect Ezekiel Kelly
Last year, our office began expanding and strengthening our Economic Crimes Unit to focus on crimes like wage theft, job misclassification, and other forms of worker exploitation. Our efforts are cited in this Slate article: Prosecute Bad Bosses: More district attorneys are cracking down on abusive employers. It’s about time.
From The Commercial Appeal: Shelby Co.'s old bail system was unconstitutional. Why is the new one drawing political ire?
Stay safe and thank you for your support,
 Steve Mulroy
District Attorney
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