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MEMPHIS, Tenn. (AP) — A man testified Tuesday that he saw an acquaintance shoot his friend and business partner unprovoked outside his Tennessee home. led to intense poaching.
Marcus Cash was one of four people at a gathering at his home who testified at a preliminary hearing for 19-year-old Ezekiel Kelly, accused of killing three people and injuring three others. On Sept. 7, he toured Memphis and live-streamed some of his activities on social media.
The gunfire shut down much of the city. As police searched for the gunman, the minor-league Memphis Redbirds cleared the field and halted public transportation during a game. Friends and relatives texted each other to make sure they were okay.
Kelly was arrested later that night after he crashed during a police chase. He was charged only with first-degree murder in the 1 a.m. killing of Dewayne Tunstall outside Cash’s East Memphis home. Tuesday’s preliminary hearing was about that figure.
Kelly was later sued A 26-count indictment related to other shootings. Kelly has pleaded not guilty to first-degree murder, attempted murder and terrorism charges against Allison Parker and Richard Clarke.
Mariko Webb, Marquez Murrell and Markavion Walker testified that they and Kelly went to Cash’s house to eat chicken from a food truck that Cash and Tunstall planned to start as a business. Witnesses said the people at the gathering were carrying guns, but they were enjoying each other’s company.
“We were calm, we were calm,” Webb said.
At one point, Kelly told Webb he was going to take someone’s gun, Webb testified.
“Watch it,” Kelly said, according to Webb.
After eating, the group went outside to check out the food truck, witnesses said. Witnesses said the group then gathered in a dark alleyway to talk.
Cash said he was standing next to Tunstall when Kelly shot Tunstall at point-blank range.
“He was so close to me, I thought I was next,” Cash said.
After the shooting, Kelly tried to get into the car with Webb, Murrell and Walker, but was denied entry, Murrell said.
“Everybody was screaming, ‘Get away from us,'” Murrell said.
Kelly’s attorney, Jennifer Case, stressed that the witnesses had guns, some of whom had gathered to talk about the shooting, and suggested they hatch a plan to “pin” Kelly. They denied doing so.
Webb said in cross-examination from the case that Kelly was on drugs and didn’t sleep much.
Case also questioned Cash about his statements to police and the media after the shooting about being inside the home when the shooting took place. Cash said Kelly lied about being inside the home with his two young children and his girlfriend to avoid being identified as a witness while on the run. At least one bullet went through the window of a room where the children were sleeping.
“I protect my family,” Cash said.
Cash was the only one who said he saw Kelly shoot Tunstall, while witnesses said they either ran away or hid to protect themselves after hearing the gunshots.
After testimony, prosecutor Chris Lareau said Kelly’s statements about taking someone else’s gun were premeditated.
It was argued that the testimony was inconsistent and unreliable. But Shelby County General Sessions Judge Karen Massey ruled there was sufficient probable cause to bring a possible indictment of first-degree murder before a grand jury.
Prosecutors said the two cases against Kelly will eventually be combined.
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