Shelby County DA to seek death penalty for Memphis shooting spree suspect Ezekiel Kelly

Shelby County District Attorney Steve Mulroy announced Monday his office's intent to seek the death penalty in the murder case against Ezekiel Kelly, who is accused of driving around Memphis and shooting people at random.

The announcement is the first time Mulroy has filed for the death penalty since he was elected to the office in August 2022. Mulroy has been a long-standing opponent of the death penalty.

"I've made no secret of my personal opposition to the death penalty as a public policy matter," Mulroy said at a Monday morning press conference. "Like I've said before, as a legislator, I'd vote against it. But I think that the people that voted for me understand that a DA has to follow the law, whether they agree with it or not... If this case isn't death notice worthy, then no case is."

Kelly, 19, has been charged with three counts of first-degree murder, along with 23 additional charges. The Sept. 7 shooting spree left three additional people injured.

Officials say Kelly started his shooting spree in the early hours of the day, when he allegedly shot and killed Dewayne "Sosa" Tunstall, a Memphis resident, before allegedly killing Allison Parker, a nurse in West Memphis, Arkansas, and Richard Clark, a 62-year-old who police say was shot as he sat in his car outside a gas station.

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Mulroy said four factors affected the decision to pursue the death penalty. He cited a previous aggravated assault conviction, along with alleging Kelly committed "mass murder" during the spree. Mulroy also said the murders were "committed in the course of an act of terrorism," and his fourth factor was the randomness of the shooting.

Kelly was charged with attempted first-degree murder and reckless endangerment in 2020, but entered a guilty plea to the lesser charge of aggravated assault. He was sentenced to three years in prison, starting April 2021, but was released March 16, 2022.

"This is not a close case," Mulroy said. "This is a case where the facts and circumstances, in my view, compel a particular result."

A plea deal is not off the table for Kelly, though, Mulroy said, adding his office may consider one "later down the road, as the case progresses."

Just City, a nonprofit with goals of reforming aspects of the criminal justice system that have left groups disenfranchised, voiced disdain in a press release after the district attorney's announcement Monday.

"Just City does not support the Shelby County District Attorney's decision to pursue the death penalty," the press release read. "Seeking the death penalty means embarking on a complex, decades-long effort to take yet another life."

Just City and Mulroy have voiced similar opinions in terms of reforming the Shelby County criminal justice system. In its press release, the nonprofit urged the DA to consider other sentences, citing previously botched executions performed in Tennessee, as found in a report commissioned by Tennessee Gov. Bill Lee, which was released publicly in December 2022.

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"Modern application of the death penalty by lethal injection is largely experimental and often does not go as planned," Just City's press release said. "[The report] found that protocols for the acquisition and administration of the lethal drugs used in the process were routinely ignored, creating the possibility for botched or failed executions. The District Attorney should consider other sentences that are more humane, effective and responsive to victims, their families and public safety."

The Memphis Police Department launched its city-wide search for Kelly after a "concerned citizen" called the department at 6:12 p.m. to report Kelly's activity on Facebook Live. Kelly is said to have been livestreaming as he shot a man inside a store.

An alert from MPD was issued around 7 p.m., advising people to stay indoors while they searched for the suspected shooter.

In total, the alleged spree took place over 20 hours and crossed state lines. Kelly was said to have driven multiple cars, including two that were stolen.

Kelly also faces an indictment in Southaven, where he is accused of stealing a car prior to his arrest. He is accused of stealing a car in Memphis and then the car in Southaven just before 9 p.m. Minutes later, police said a high-speed chase took place and Kelly was arrested in Whitehaven 30 minutes later.

Lucas Finton is a news reporter with The Commercial Appeal. He can be reached at Lucas.Finton@commercialappeal.com and followed on Twitter @LucasFinton.